Subdivision 101 – How do I subdivide my land?

What is a Plan of Subdivision?

The Plan of Subdivision is a registered drawing (recorded with the Land Registry Office) that records land boundaries, land size, and placement of easements of the property. To subdivide your property, an application is made to the Land Registry Office for a new Plan of Subdivision to be recorded in the registry.

Simply put, a successful Plan of Subdivision application allows you to divide your land into two or more parcels of land. The new parcels will have individual lot numbers, street numbers/names, and title reference numbers.

Preparing for a Subdivision

Before making an application for subdivision, make sure you:

1. Check the planning report and whether there are restrictive covenants on your property; these documents will reflect if there are any limitations for subdividing your land. Your local council can also confirm any further requirements for subdividing property.
2. Appoint a land surveyor to measure your land and draw up your subdivision plans. Your land surveyor can also assist with discussions with your local council authority to achieve your desired plans for subdividing your land.
3. Appoint a property lawyer to assist with preparing your application for submission with the Land Registry.
   
   

Documents in support of your Subdivision

Common documents submitted with your Subdivision Application include:

1. Certified Plan
2. Surveyor’s report
3. Certified Abstract of Field Record
4. Statement of Compliance
5. New Street Allocation
6. Consent from the Mortgagee on Title (i.e. the bank with a registered mortgage on the Property you seek to subdivide)
7. Relevant Land Registry Application Form

Your surveyor and property lawyer will prepare these documents.

Lodgment of the Plan of Subdivision Application

When the documents in support of your Subdivision Application are compiled, your property lawyer will lodge your application with Land Registry. Lodgments are done electronically via SPEAR.

The application will be considered and reviewed by Land Registry before being registered. This process usually takes 5 business days, but can be longer depending on the current service levels.

Registration of the Plan of Subdivision

Once your application is approved, Land Registry will proceed to register your new Plan of Subdivision. Notification will be sent to your surveyor and property lawyer once the new Plan of Subdivision is registered.

We can help at W Legal Group

At W Legal Group, we hold the expertise to assist you with your upcoming application to subdivide your property. Call us to speak to our team or email our property lawyers at hello@wlegalgroup.com.au.