Subdividing residential property

Subdivision is the division of land into two or more lots which can be sold separately.  It can also include the re-aligning or altering of title boundaries.

Whether or not you can subdivide depends on a number of factors, including zones, overlays and any restrictions on the land.

There is no minimum lot size for residential subdivision. However, in most cases you will need to apply for a planning permit to develop your land before making an application to subdivide.

More information on the planning permit process can be found on the Statutory Planning page.

You will need approval from Council before subdividing your land. 

Subdivision can be complex and has certain legal requirements. You will need to engage a licensed land surveyor to assist you with gaining the relevant approvals through the subdivision process.

There are three main stages for obtaining approval to subdivide:

Planning permit

Planning permits give permission for subdivision and set out requirements that must be met before the subdivision can be finalised. A planning permit may contain conditions that require you to carry out works or make payment to servicing authorities (water, gas, electricity etc.) so as new lots can be connected to services.

Certification

The certification of a Plan of Subdivision is a procedural step which prepares documents for lodgement with the Land Titles Office. A Plan of Subdivision must be prepared by a licensed Land Surveyor. Council will not certify a Plan of Subdivision unless it contains all the information required by the Land Titles Office and until the requirements of a planning permit have been met.

Statement of Compliance

Once all the conditions of a planning permit have been met, a Plan of Subdivision has been certified and the servicing authorities have given consent to the subdivision, a Statement of Compliance can be issued. The Statement of Compliance is lodged with the Land Titles Office and land titles for the new lots are then created.  You will need to engage a solicitor or conveyancer to deal with this stage of the subdivision process.

All new lots created by subdivision must be ready for connection to telecommunication services and must ensure that fibre ready telecommunications services are provided. You will need to contract a carrier to install telecommunications infrastructure if you subdivide your land.

 You may choose any carrier to service their development, however if you don’t choose another carrier:

  • nbn™ is the Infrastructure Provider of Last Resort for larger developments (100 lots or more) and for all developments in areas where nbn is rolling out.

  • Telstra is the Infrastructure Provider of Last Resort for smaller developments (less than 100 lots), until the nbn rolls out in the area.

To determine who is the Infrastructure Provider of Last Resort for your property view the nbn roll our map.

The documents below provide more information on providing telecommunications to your subdivision:

Australian Government’s Telecommunications in New Developments policy

Advisory Note 49 – Telecommunications services and facilities in subdivisions

Before you start the subdivision process, it is recommended that you engage a licensed Land Surveyor.  

A licensed Land Surveyor will prepare all the documents you need to lodge for approval through the subdivision process, and can also assist you in navigating the subdivision procedure with Council, servicing authorities and the Land Titles Office.

More information on land surveying can be found on the Association of Consulting Surveyors website, and you can find a full list of licensed Land Surveyors on the Surveyors Registration Board of Victoria website.