Thinking of subdividing land or are nearing the end of the development? In this article we explain the subdivision process in Victoria, the fees involved, and when our property lawyers get involved to register your plan of subdivision.
How to Subdivide Land in Victoria?
There are 4 steps involved when subdividing a block of land: (1) determining if the land can be subdivided, (2) obtaining permits and creating the proposed plan, (3) obtaining council approval, and (4) creating your new titles. We discuss them in more detail below.
Determine If Land Can Be Subdivided
The first step is reviewing the certificate of title to see if there are any restrictions imposed on it that will prevent you from subdividing and developing the land. A solicitor can review the title at this stage to see if there are any restrictions you should look out for - this is usually done before you buy your property. Another option is getting in contact with your council's planning department or getting your surveyor to look over the title and planning schemes.
Engage a Surveyor
The next step is engaging a surveyor. The surveyor is the professional responsible for applying for a subdivision permit and drafting the proposed plans. The surveyor will guide you through the council application process and obtain approval from the council and relevant referral authorities.
Obtaining Authority Approval and Council Certification
Now you need to obtain approval from the council and relevant authorities to allow the subdivision to go through. The authorities other than the council that may have a say are: VicRoads, water authority, gas, electricity, and phone bodies. These authorities may place conditions on the subdivision application that you must fulfil before you are given your certificate of compliance that allow you to create the new titles.
Register Subdivision at Title Office
After getting council and authority approval, the final step is engaging a lawyer to register the plan of subdivision at the title office to create your new titles. This is where our office will get involved in the process to finish off the job.
Our job involves drafting the correct title office paperwork to create the titles and owners corporations if there is shared property. If there is a mortgage on your title we will also seek your bank's permission to register your subdivisions and make the parent title available to us so we can subdivide it.
What are the costs involved in registering a subdivision?
Outside of the surveyor costs, council and planning fees, and costs required by other government authorities. The final costs involved in registering your subdivision at the Title Office to create your new titles for a 2 lot subdivision are:
- Bank Consent Fees: Est. $200.00-400.00 (depending on bank)
- Title Office Fees: $1,003.80-1,244.80 (19/20 financial year)
- Our Legal Fees: $1,390.00 (for up to 3 lot subdivision)
Total: up to $3,034.80 (GST inclusive)
How Long Does It Take To Register a Plan of Subdivision in Victoria?
The estimate time frame for the whole process from getting the surveyor involved to getting council certification takes a minimum of 9 months and on average 12 to 18 months.
The process of actually registering your plan of subdivision to create your titles (when we get involved) takes up to 4 weeks if there are no banks involved. If there is a bank involved it will take up to 6 weeks on average as the bank must first consent to the subdivision by reviewing all the certified paperwork and then making the title available to us to subdivide.
Need Help Registering A Plan of Subdivision?
Our property lawyers have extensive subdivision experience and have subdivided everything from 2 lot subdivisions to large developments.
If you need help with registering your subdivisions or any other property law matters, please call us on 03 9708 5564 or fill in the contact form below.