The subdivision of land is the division of land into two or more parts that, after the division, would be obviously adapted for separate occupation, use or disposition. The Environmental Planning and Assessment Act 1979 sets out the laws under which planning in NSW takes place.
Subdivisions can divide one larger tract of land into multiple, separate parcels of land. Subdivisions can also be a boundary adjustment between lots.
The subdivision of land requires registering the following with the Office of the Registrar-General (under the Conveyancing Act 1919):
- a plan of subdivision,
- or a strata plan,
- or a strata plan of subdivision within the meaning of Strata Schemes Development Act 2015.
The Uralla Local Environmental Plan (LEP) sets the minimum sizes for allotments in the Uralla Shire. The Shire contains a series of 'zones' which outline objectives for preferred development and set minimum lot sizes. All councils set minimum lot sizes for land within zones to ensure there is a uniform lot layout in residential areas of various sizes, and to ensure adequate land is available for buffering developments from one another in rural and environmental zones.
The subdivision process
There are a number of steps to subdividing land. This process is set out as follows:
- Initially you will need to determine whether your subdivision proposal is permissible. Contact Council in the first instance for preliminary advice or a pre-DA meeting to see if what you want to do is permissible in your zone with regard to minimum lot sizes or other requirements of the LEP. You will then need to lodge the corresponding development application to seek development consent from Council.
- Once you have obtained development consent for your proposal, contact your surveyor to have the plans drawn in accordance with the drafting requirements of the NSW Land Registry Services. You will also need to read the consent and determine whether there are any conditions of consent which require you to complete physical works, organise certificates from energy and/or telecommunication suppliers, create new easements, or pay contributions to Council.
- Once all of the conditions of consent have been finalised, you will need to lodge a subdivision certificate application with Council. This application includes linen plans and evidence of you finalising all conditions of consent. Please also note that the NSW Land Registry Services will not register your plan without a Subdivision Certificate.
- Council will then assess the subdivision certificate application, issue the Subdivision Certificate, and return the signed linen plans to you or your surveyor.
- Your surveyor or solicitor will then submit your plans to the NSW Land Registry Services (usually electronically) for registration. Once lodged, these plans are generally registered in around 6-8 weeks.
If you wish to enquire further about subdividing land, please contact Council's Development and Planning team on (02) 6778 6300 or via email at firstname.lastname@example.org.