How to Subdivide Land in Victoria in 5 Simple Steps

Subdivision of land in Victoria is a complicated process and contains various legal requirements that need to be met. If you are wondering how to subdivide land in Victoria and how much does it cost to subdivide land, keep reading!

Let’s start with the basics.

What is subdivision of land?

Subdivision of land is the process in which a piece of land is further divided into two or more parts. This usually happens when a land developer purchases a large piece of land and divides it into smaller sections for future use.

However, the subdivision is not just restricted to commercial land, it can also be done to residential properties. If you are purchasing land or already owned land in Victoria, there are chances that you are eligible to subdivide your land. In this case, you need to be aware that subdivisions are controlled by the planning system in Victoria and governed by each Responsible Authority (Council).

The Subdivision Act of 1988 covers all the technical and legal aspects of the subdivision, whereas the planning system ensures that the land is being developed and used in a sustainable way. When you make an application for the subdivision of land in Victoria, you need to keep a lot of things in mind and regard various considerations.

It is crucial that the land that is subdivided gets used in a manner that is environmentally, socially, and economically acceptable and beneficial to the area and society.

How to subdivide land in Victoria?

When you ask how to subdivide land in Victoria, the answers you get can all be different from each other. The subdivision of land and the entire situation can vary from one another, which is why the process of the application can also vary. However, there are some general steps that are always included in this process. Let’s have a look at what these steps are.

Step 1: Obtain Information – Get The Title And Plan Diagram

If you think you can just start the subdivision process of your land without having the title of the land with you, you are greatly mistaken. If you want to start with the subdivision application process, you need to obtain the land title and have it with you.

Not only that, but you also need to have a plan diagram of the land that will be subdivided. When you start discussing your plans with a land surveyor, you need to present the title and the plan diagram. These documents are also required by the council when they are making their decision, the certificate of title needs to be no older than 3 months from application.

Having your title will help you figure out which zone your land falls under and which rules apply to your land. It also helps you find out if there are any restrictive covenants and whether or not your land can be subdivided.

Step 2: Feasibility Study

The design of your proposed development is an incredibly important part of the process. Once you have the development proposal approved by the council then you can go to a licensed land surveyor to get the plan of subdivision drafted. They will survey your land and come up with a plan for the subdivision of your land.

It is recommended you engage a design professional such as an architect to review the following key factors of the development prior to subdivision:

Factor 1. Zoning & Overlays

One of the most important factors that you have to consider before you apply for the subdivision of land in Victoria is which Victorian state and local planning rules apply to your property.

All the residential land in Victoria is divided into zones, and you need to know which zone your property falls under. The zones all land is divided into include:

• General Residential Zone
• Neighborhood Residential Zone
• Low-Density Residential Zone
• Residential Growth Zone

All of the different zones have separate schedules and conditions for subdivision and it is absolutely crucial that you know which residential zone your property falls under. If you look at the conditions for the Low-Density Residential Zone, it is necessary that the new lots after subdivision are at least 4000m² each.

This means that if you want to divide the land into two lots, the total land you should have is 8000m². However, for other zones like General Residential Zone and Neighborhood Residential Zone. the land requirement is a lot less.

Once you know the residential zone your property falls under, you can also find out which Overlays apply to the property. There are various overlays that can have an impact and control over how you can subdivide your property.

For example, if there is an Environmental Significance Overlay on your property, it protects various types of vegetation and trees. Similarly, Heritage Overlay protects a place that has some historical significance.

Factor 2. Restrictive Covenants

There are some covenants like a single-dwelling restrictive covenant that can prohibit and halt the subdivision of your land. Before you apply for the subdivision, you need to make sure there are no such restrictive covenants attached to your land or property.

There is a possibility that you can amend a covenant that is restricting your property and allowing your land to be subdivided. However, it is a risky process. If you don’t know how to find out whether your property has a restrictive covenant attached to it, all you need to do is have a look at the title.

If a restrictive covenant is attached to the land, it will be mentioned in the title of your property. The entire scope of the restriction will be described in Section 32, which you should have received when you purchased your property.

Factor 3. Local Planning Policies and Neighborhood Character

When you send in your application for the subdivision of land in Victoria, the local authority is bound to have a look at the local strategic planning policies, local planning preferences, and neighborhood character guidelines.

These are all factors that will definitely be considered by the council before accepting your application or providing you with conditions based on your application. If you have a property in an area where there have been numerous subdivisions in recent times, your application for subdividing your land is more likely to get approved.

Recent approvals for subdivisions in the area set a precedent for the neighborhood, and there are fewer chances of your application for subdivision to get rejected by the council. However, you need to make sure that your land is used in a sustainable way after subdivision and the new development is made keeping the neighborhood character in mind.

Factor 4. Victoria Planning Provisions Clauses 55 And 56

Clause 55 and 56 of the Victoria Planning Provisions are extremely important for your new development with the subdivided land. The subdivision development is always judged and assessed through these clauses.

Clause 55 is a clause that applies to two or more dwellings on a property. In the case of a multi-unit development, clause 55 contains a set of standards that must be met. Each of the standards has a different goal or objective that is being brought around with the help of the standard. These standards are also known as Rescode more commonly.

Clause 56 applies to subdivisions that are known as vacant land subdivisions. In simpler terms, Clause 56 applies to the residential subdivisions that do not include any houses as a part of the subdivision.

Step 3: Get Council Approval

Please note, unless it is a straightforward side by side by side subdivision, you always need to have a Design or Development approval (Town Planning Endorsed Design Plans) prior to applying for subdivision.

The architect or design professional is required to prepare a set of town planning drawings including plans, elevations, and development analysis for submission to the relevant Council. Once the development approval is received then you can engage a land surveyor to draft the plan of subdivision based on the approved design.

In some cases with common areas or shared building elements such as party walls or shared driveway the council will require these parts of the building works to be completed for the surveyor to confirm the exact locations prior to the plan of subdivision can be finalized.

When your land surveyor is done with drafting the plan for the subdivision of your land, it is sent to the local council to get approved. The local council will refer to various relevant authorities and make sure that the application for the subdivision meets all the requirements.

During this time, you will have to work with your architect’s land surveyor and keep a check on the proposal and design for the subdivision. You have to work with them to finalize everything. The land surveyor working with you should also get in contact with the local council before finalizing the design to ensure that the design meets all the requirements.

Your application or proposal will either be accepted or rejected. This decision is based on how accurately your proposal has met all the requirements and which changes need to be made.

Step 4: Title Documentation

If you get your application approved by the council, you need to get a lawyer who will help you prepare all the relevant documents. The documents that you will have to submit include all the relevant forms and certificate(s) of title.

The documents will then be submitted to Land Victoria and they will go through all the details on these documents. If the documents meet the requirements and all the information is correct and verifiable, Land Victoria will approve this paperwork.

Step 5: Register of Title

Once you have all the paperwork approved by Land Victoria, the plan for the subdivision of your land is registered. After it has been registered, all the parties involved will get the certificate(s) of title.

When you receive the certificate(s) of title for the subdivided land, you can finally start the process of constructing whatever you want on the land. However, that is a time-consuming and exhausting process on its own.

What is the cost of land subdivision?

When you are thinking about subdividing your land in Victoria, it is common for you to wonder how much does it cost to subdivide land in your area. The cost of subdivision can usually vary from place to place depending on the application fees and the cost of getting a surveyor and lawyer involved.

When subdividing land in Victoria, you have to keep in mind that it is not an extremely affordable process. In fact, it can be very expensive. In the state of Victoria, it can take anywhere from $30,000 to $50,000 to get your land subdivided.

This cost includes how much you will have to spend on the surveying and planning services. It also includes the provision of access and services. Through these provisions, you can ensure that the new lot you create has all the necessary utilities like water supply, electricity, sewerage, drainage, telecommunications, and more.

Wrapping Up

Subdivision is a great way to generate high return of investment. Even though it has a lot of advantages, getting your land subdivided can be an extensive process. At SQM Architects, we can provide professional advice on land subdivision and make the process quicker and more efficient. Get in touch today for free consultation.