Before a plan of subdivision can be lodged with the NSW Land Registry Services a Subdivision Certificate must be obtained from a Principal Certifying Authority (PCA), being either Council or Accredited Certifier.
The release of a Subdivision Certificate confirms that the PCA is satisfied that works are completed in accordance with the applicable Development Consent and that the land is suitable to occupy.
The plan of subdivision identifies each of the allotments approved under the original consent (if required) or each allotment subject to an exempt boundary adjustment. The plan of subdivision is required to be prepared by a registered surveyor. All types of subdivision (Torrens, Strata and Community Title) are required to be registered with NSW Land Registry Services before a new ‘allotment’ of a subdivision of land can be created.
What are the types of Subdivision Certificate?
A Torrens Title subdivision involves the creation of new allotments from an existing allotment or a boundary adjustment involving adjoining properties. Torrens Title Subdivision is usually created so that each of the new allotments can be owned as freehold land.
Only Council can issue Subdivision Certificates for Torrens Title Subdivision (with the exception of certain road widening and acquisition plans that are able to be issued by other public authorities).
A Strata Title subdivision is most commonly used for apartment buildings, commercial and industrial developments. The boundaries of the lots in a strata plan are defined by permanent structures such as walls. Strata title subdivides the air space above the land not the land.
At the commencement of a strata scheme, an owners corporation is set up which is a body corporate of all of the lot owners in the scheme. The body corporate is responsible for maintenance and repairs of common property.
Council or a suitably accredited private certifier can issue Subdivision Certificates for Strata Title subdivision.
A Community Title subdivision enables the owners within the plan to share or have the use of community land set aside for parks, playgrounds, swimming pools, or whatever community facilities are available within the plan. This type of subdivision is able to include individual dwellings, shops and other facilities. Each owner of an allotment included in the plan contributes levies for the cost of maintaining communal property.
Council is the only authority that can issue a Subdivision Certificate for a Community Title Scheme.
What is the fee for a Subdivision Certificate?
The fees for a Subdivision Certificate are provided in Hawkesbury Council’s Fees and Charges.
In some cases the Seal of Council is required to be shown on the final plan of subdivision for which an additional fee is applicable. Councils Customer Service team can provide a written fee quote by phoning 02 4560 4444.
The following information is required to be submitted in with your Subdivision Certificate application:
- Plan of subdivision/strata: the original plan of subdivision prepared by a qualified surveyor and six (6) copies of the original plan.
- Section 88 Instrument: any plans which propose easements, rights of way, covenants or the like that are to be created under Section 88 of the Conveyancing Act 1919, must be accompanied with an instrument prepared under the Conveyancing Act 1919. The original and six (6) copies of this instrument are to be provided.
- Development Consent or a Complying Development Certificate: provision of a Development Consent or a Complying Development Certificate and confirmation that all relevant conditions of consent have been satisfied.
- Community Management Statement: a Community Management Statement is required to be submitted with any Community Title subdivision application.
- Certificate of Compliance: a certificate of compliance (Section 73 Certificate) from Sydney Water for the subdivision of land subdivision into Torrens title (if land is situated within a Sydney Water service area).
- Subdivision works: for subdivisions involving subdivision works, evidence that the works have been satisfactorily completed.
Once you have all your documents ready you can lodge your application with Council through:
- NSW Planning Portal – This is an online portal facilitated by the NSW Government where you can submit your DA to Council online. You will first need to create an account on the Portal as an applicant. For information on how to register for, and use the planning portal, see the NSW Planning Portal Quick Reference Guides.
NSW Planning Portal Note
Once you have an account you will be able to lodge the development application though the portal:
- The quick reference guide will provide instruction on creating a new development application and will require you to upload your application documents. You will need to upload your application form and DA checklist in addition to the plans and documents prepared for your application.
- Council will then review the submitted application for completeness.
- You will then be contacted via the portal and notified of one of the following:
- Your application is not yet complete and additional information is required.
- Council has accepted your application and fees can now be paid.
Once the fees have been paid, the application is then considered to be lodged with Council.
What do I do when I have received my Subdivision Certificate?
Once your approved Subdivision Certificate and plans have been returned to you by Council, you can lodge your plans for registration with NSW Land Registry Services.
- NSW Land Registry Services. website contains information relating to the registration process.
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