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The subdivision process

What is subdivision of land?

The Environmental Planning and Assessment Act 1979 (EP&A Act) sets out the laws under which planning in NSW takes place.

The EP&A Act  defines the subdivision of land as the division of land into two or more parts that, after the division, would be obviously adapted for separate occupation, use or disposition.

The subdivision of land includes the procuring of the registration in the office of the Registrar-General of a plan of subdivision within the meaning of section 195 of the Conveyancing Act 1919, or a strata plan or a strata plan of subdivision within the meaning of Strata Schemes Development Act 2015.

However, subdivision of land does not include, among other things, a plan of consolidation, a plan of identification or a miscellaneous plan within the meaning of section 195 of the Conveyancing Act 1919.

How do I get my subdivision approved?

There are nine different planning approval pathways in NSW. The size and scale of the development will determine which of the assessment pathways is appropriate. The Department of Planning website provides more information about the different planning approval pathways.

The subdivision of land  generally requires a planning approval by means of a development application (DA). Some subdivisions do not require a planning approval, they may be Exempt DevelopmentComplying Development or Development without Consent.

To obtain a planning approval for your subdivision, a DA must be lodged with Council. Use the DA Process link to obtain information about lodging a DA with Council.

What happens when my DA is approved?

DA approval will generally include conditions of development consent that must be complied with. The conditions may require subdivision works to be undertaken, which will require a Construction Certificate. Use the link below to obtain information about lodging a construction certificate application with Council.

How do I get separate title on my subdivision?

To obtain separate titles for new allotments, a plan of subdivision or strata plan or strata plan of subdivision must be registered by NSW Land and Property Information (LPI).

A plan of subdivision generally cannot be registered in LPI unless it has a subdivision certificate issued under the provisions of section 109J of the Environmental Planning and Assessment Act 1979. Use the link below to obtain information about lodging a subdivision certificate application with Council.

A strata plan or strata plan of subdivision generally cannot be registered in LPI unless it has a strata certificate issued under the provisions of part 4 of the Strata Schemes Development Act 2015. Use the link below to obtain information about lodging a strata certificate application with Council.

Step-by-step chart outlining the subdivision process.

Information on preparing and lodging a construction certificate application for subdivision works with Council.

Information on preparing and lodging a subdivision certificate application with Council.

Information on preparing and lodging a strata certificate application with Council.

Development infrastructure design and construction manuals, standard drawings and guidelines