Torrens Title Subdivision
A torrens title subdivision involves the creation of new allotments from an existing allotment.
To obtain approval for a Torrens title subdivision, a development application (DA) is required to be lodged with Council. If approved, and if the subdivision includes engineering works such as earthworks, right of carriageways, roads, footpaths, water quality, control ponds and drainage works, you will be required to lodge a subdivision construction certificate. Finally, a subdivision certificate will be required to be lodged with Council.
Strata Title Subdivision
A strata subdivision is most commonly used within apartment buildings. This title gives individual ownership to small portions of a larger property and an undivided share to common property (e.g. gardens or driveways). Owners will become members of the body corporate, which controls maintenance.
Before you can register the strata title subdivision with the NSW Department of Lands, you must lodge a subdivision certificate with a D1 Accredited Certifier. A list of currently accredited certifiers is available on the Building Professionals Board website.
A boundary adjustment is defined as the realignment of a lot boundary. A boundary adjustment may be Exempt Development, under SEPP (Exempt and Complying Development Code) 2008. If the adjustment does not create another allotment and each new allotment can be developed. If not Exempt Development, a development application will be required.
Before you can register the boundary adjustment with the NSW Department of Lands, you must lodge a subdivision certificate with Council. Further, you may require a section 73 certificate from the Sydney Water Corporation.
A site consolidation is the amalgamation of two or more lots into one lot. A DA will be required. Before you can register the site consolidation with the NSW Department of Lands, you must lodge a subdivision certificate with Council.
A stratum subdivision is the vertical subdivision of sections of a building into separate titles. An example is the subdivision of a ground floor retail or commercial area from the above residential floors. Before you can register the stratum subdivision with the NSW Department of Lands, you must lodge a subdivision certificate with Council.
Subdivision Works Certificate
A subdivision works certificate is a construction certificate for subdivision works.
Under Section 6.13 of the Environmental Planning and Assessment Act 1979 (EP&A Act), a Subdivision Works Certificate is required before you can carry out subdivision work in accordance with a development consent.
Section 6.1 of the EP&A Act defines “subdivision work” as any physical activity authorised to be carried out in connection with a subdivision under the conditions of a development consent for the subdivision of land. Examples of works that might be covered by this definition include civil works such as sewerage works, roadworks and earthworks in connection with appropriate conditions of consent.
You will require a Subdivision Works Certificate if your development consent has conditions that are to be satisfied prior to issuing a Subdivision Works Certificate. For further information please visit here.
Find out more on LEPs, DCPs and SEPPs