In order to subdivide land you are likely to require development consent from Council. You should engage the services of a properly qualified and experienced surveyor or engineering consultant to assist you in preparing a development application for consideration by Council.

Once development consent is obtained, the following flowchart outlines the steps in the process.

subdivision flowchart Apply for ‘Notice of Requirements’ from Council’s Water & Waste Section. Obtain a Construction Certificate from Council or an Accredited Certifier for all the required construction works prior to commencing works. Complete form to nominate Council as the Principal Certifying Authority (PCA) for the works, and advise of proposed commencement at least two (2) days prior to work commencing. Apply for a Subdivision Certificate from Council to enable endorsement of the plan with the Department of Lands.

The application form contains a checklist of documents to be provided with the completed application form and needs to be accompanied by the required application fees. Ensuring that the documentation submitted in accordance with this checklist is complete will assist Council in assessing your application.

Once a subdivision Certificate is obtained, the plans can be lodged with the Land & Property Information Section of the Department of Lands.

 

Important things to note if you are intending to undertake subdivision works

The “Notice of Requirements” for Water & Waste matters will detail any payments, works or inspections required in relation to any sewer or water infrastructure alterations and extensions required to serve the proposed subdivision. Any construction requirements will need to be included in the Construction Certificate plans.

In accepting the role of the PCA for the subdivision construction works, Council will advise you of any inspections required by Council during the works. Council inspections, however diligent, cannot ensure acceptable construction tolerances provided for within specified construction standards are being met, and Council will not be held accountable for this. The role of ensuring the works are undertaken in accordance with relevant specification for the works lies with the superintendent for the works, who is responsible for ensuring supervision, testing, certification and verifying compliance with required standards.

Council’s role as PCA for the works is limited to carrying out a Regulatory Check from time to time, and not to be the Construction Manager or quality assurance officer for the contractor doing the work. The contractor engaged to do the works should be held accountable for their work.

 

The Council’s PCA role is generally limited to the following:

  • Administer the conditions of consent and progress of the development from commencement to completion and conduct inspections at various stages of construction to determine compliance with certain requirements.
  • Receive and investigate any complaints from the public concerning the development.

Failure to comply with the requirements for undertaking subdivision works could result in any of the following:

  • A delay in obtaining a final signoff of the subdivision certificate for which Council will not be held responsible.
  • Council issuing an order requiring the subdivision works to cease until certain matters are adequately addressed.
  • Council issuing on the spot fines for failure to comply with the development consent.
  • Council commencing legal proceedings.

It is strongly recommended that you engage the services of an appropriately qualified professional to assist in navigating the land subdivision process. If you are unsure of your obligations in meeting any requirements, you should not hesitate to seek clarification from Council’s Environmental Services Department to avoid any unnecessary delay or enforcement action by Council.

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