Subdivision is the process of dividing land or an existing building into two or more lots. Each lot then has its own title and can be sold and dealt with separately by the owner. Subdivisions are now lodged online via the electronic system SPEAR that Prompt Legal Services Pty Ltd is a member of. The Subdivision process is a relatively straight forward process, with your Land Surveyor doing most of the ground work.
The Subdivision process can briefly be outlined as follows:
- Step 1 is to engage a licensed Land Surveyor who will prepare a proposed Plan of Subdivision to submit to Council along with you Planning Permit Application. Your Land Surveyor will also assist in determining the boundary of your title and create new title boundaries. We can assist by referring you to a qualified and trusted Land Surveyor.
- Step 2 is to apply to Council for a Planning Permit to Subdivide. As noted above, your Land Surveyor will assist with submitting the Application to Council. Once a file has been created on SPEAR, we can monitor and track the progress of your Subdivision and provide prompt updates to you throughout the process.
- Step 3 is to apply to Council for certification of the proposed Plan of Subdivision. At this time, your Land Surveyor will confirm that the conditions of the Planning Permit have been satisfied, together with the requirements of the servicing authorities (ie. Water Authority, telecommunication and electricity/gas providers).
- Step 4 is to obtain a Statement of Compliance from Council. The Statement of Compliance will be issued once all the conditions in Step 3 above have been satisfied and the final Plan can be signed off by the Land Surveyor.
- Step 5 is where we lodge the Plan of Subdivision with Land Victoria. Once the Plan of Subdivision has been registered, Land Victoria will issue new titles.
The above steps will vary, for example if there is a mortgage on the property.
Prompt Legal Services Pty Ltd can assist you with step 1 all the way to step 5 when new titles are issued by Land Victoria. We can also assist you with setting up an Owners Corporation and Public Liability Insurance for common property.