We’re here to make your property subdivision a stress free transaction. No matter your situation, we can help you with a comprehensive subdivsion service.

Subdividing a property can be an excellent investment strategy, no matter what the scale of your planned development is. Whether you’re planning to build two homes and sell one or you’re planning a large-scale development, it’s essential that you get expert legal advice.

To get the most out of your investment, you’ll want everything to go as smoothly as possible. Your conveyancer will guide you through the process and help you understand everything from your legal obligations to how to secure road access.

Here is our advice on property subdivision in Victoria and how a conveyancer can help you.

What you need to consider

Subdividing your property can be very complex, there are a large number of variables that you need to consider before you begin the process. Understanding these details will give you a much better idea of how you should proceed with your subdivision.

Some of the questions that you will need to answer include:

• Are there any state or local planning policy implications that could impact on your proposal for subdivision?
• Can the proposed new lots be appropriately serviced by utilities and other infrastructure?
• Can the land sustain the increased intensity of use or development following the subdivision?
• How does the subdivision relate to and affect existing building?

It is essential that you know the answers to these questions before you begin the subdivision process. That way you can be sure that the development you’re planning will be appropriate for the land.

Understanding the applications and permits

Property subdivision laws are quite complex as there are a number of applications, permits, and documents involved.

Subdividing a property requires an application to Land Victoria under Section 22 of the Subdivision Act 1988. You will also need to obtain a planning permit from the local council for any proposed developments that you wish to undertake during and after the subdivision.

It is also likely that any restrictions or ongoing requirements by the council for the use and development of the land will be included in a Section 173 Agreement. This will ensure compliance with the conditions attached to the planning permit and will be binding on you and all subsequent owners of the property.

Common mistakes to avoid

If you are a first-time developer or are unfamiliar with the subdivision process, then you need to make sure you avoid some of the mistakes that people often make.

Some common mistakes that you should avoid include:

• Losing track of deadlines imposed by the council and letting permits lapse.
• Confusing the subdivision process with the building and construction of the property.
• Underestimating the scale of the job and trying to be the project manager for the entire development.

These mistakes can all be avoided with careful planning and expert legal advice from a subdivision conveyancer.

How a subdivision conveyancer can help

The applications and documents required for subdivision and planning permission can be very complex and confusing, especially if you are not familiar with the process. A conveyancer can prepare and submit the subdivision application on your behalf and liaise with your surveyor to obtain the appropriate surveys.

Your Conveyancer will also be able to assist in obtaining the bank’s consent to the subdivision if there is an existing mortgage, and they can request that the bank make the original title available at the Land Titles Office to facilitate the subdivision application. Your conveyancer can also help you in the negotiation process with the council and local authorities.

Get expert property law advice from Central Victoria Conveyancing.

At Central Victoria Conveyancing, we have been helping our clients with property law matters since inception. We will guide through every step of the subdivision process to ensure that your development goes smoothly.

What is the subdivision application process in Victoria?

In Victoria, subdivisions are controlled through the planning system. While the Subdivision Act principally focuses on the technical aspects of subdivision approvals, the planning system ensures that land is used and developed in a sustainable manner, having regard to a range of environmental, social and economic considerations.

Subdivision is complicated and has certain legal requirements. Therefore, it is recommended that a land surveyor is engaged with your conveyancer to oversee the application process.

Generally, any person who wishes to have a plan registered must:

1. Get a licensed land surveyor to prepare a plan of subdivision in accordance with the Subdivision Act and the Regulations

2. The surveyor will apply for a planning permit for development with subdivision via SPEAR. An approval at this stage ensures, in principle, that the the proposal complies with the Planning & Environment Act 1987 and the local planning scheme (unless the subdivision is exempt from requiring a planning permit). The planning permit will set the general parameters and conditions for final approval of the subdivision.

3. Submit the plan to the council for certification. Certification ensures the plan meets the Subdivision Act 1988,the planning permit requirements and those of any referral authorities.

4. Obtain approvals for any engineering plans (if required) and complete any works

5. Obtain a statement of compliance from the council.This is the final approval letter from the council stating that all the requirements for the subdivision have been met.

6. Lodge the certified plan at Land Use Victoria for registration together with the statement of compliance and any prescribed information.This is where the new titles will be issued for each lot created.