Subdivision is the process of dividing land or an existing building into two or more lots. Each lot then has a separate title and can be sold separately. A planning permit is generally required for all types of subdivision. A planning permit is the first step in the process of obtaining new titles for subdivided land. The Horsham Planning Scheme determines whether a planning permit is required for the subdivision of land.
The best way to find out whether you need a planning permit for a subdivision is to speak to a planning officer before you lodge an application.
How to subdivide
The steps below explain what is involved in the process of subdividing land.
Step 1: Talk to us
Applicants can contact the Council to talk to a Planner about the information required to submit an application for a planning permit. For complex subdivision proposals, we might suggest a pre-application meeting with a Planner to provide you with information on your proposal and help avoid delays in the application process.
Step 2: Engage a land surveyor
To subdivide you need to engage a licensed land surveyor to prepare a plan of subdivision to submit with your planning permit application. Licensed land surveyors are the only people qualified in Victoria to determine the location of your title boundary and create new title boundaries.
The Association of Consulting Surveyors Victoria can help you find a land surveyor.
Step 3: Apply for a planning permit to subdivide
A planning permit gives you permission to subdivide land under the Planning and Environment Act 1987.
To apply for a planning permit for a subdivision you will need to complete the Application for Planning Permit(PDF, 337KB) form and prepare all the relevant documentation, including the preparation of detailed plans by a land surveyor. There are fees for subdivision permits.
When you apply for a subdivision planning permit, your application may also be referred to servicing authorities such as gas, water, telecommunication and electricity authorities. If your planning permit is approved, it will contain conditions that must be satisfied in order for the subdivision to proceed.
Step 4: Apply for certification of plan of subdivision
Once a planning permit has been issued, the plan of subdivision that was prepared by the surveyor must be certified by Council in accordance with the Subdivision Act 1988. There are fees for certification for subdivision and the application for certification is a separate application to the planning permit application. As well as satisfying conditions on the planning permit, all the servicing authorities must consent to the plan being certified.
Horsham Rural City Council uses SPEAR (Surveying and Planning through Electronic Applications and Referrals) to process applications for subdivision certification online. Most land surveyors are registered SPEAR users and can register you as a guest user so you can track the progress of your application online at any time.
Step 5: Obtain a Statement of Compliance
A Statement of Compliance is issued by the Council once all the requirements of the planning permit are met and all of the servicing authorities have consented to certification and the issuing of the Statement of Compliance.
Once you have a Statement of Compliance, you can lodge it and your certified plan through Land Victoria and this is the basis for the new titles.
Other requirements for subdivision
Public open space contribution
When you subdivide land you may be required to pay an open space contribution to the Council. This contribution helps the Council to create new public open spaces in the area.
When you apply for a Statement of Compliance, a Council officer will inspect the site to determine what public works (works in the street or on other public land) need to be completed. These works may include drainage works, repairing a damaged footpath or replacing a street tree. These public works must be completed before the Council can issue a Statement of Compliance.