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Subdivision Certificates

What is a plan of subdivision? 

A plan of subdivision divides a parcel of land into parts for separate use. A plan of subdivision can only be prepared by a Registered Surveyor. The land to which the plan refers assumes the lot and plan number as its new title. NSW Land and Property Information (LPI) is the key provider of land information services in New South Wales. The Office of Registrar General was created to monitor and enforce performance of the land titles registry business of LPI. It is the responsibility of the Registrar General to ensure that plans and associated titles comply with the requirements set out in legislation. More information about LPI can be found here.

A plan of subdivision generally cannot be registered by LPI unless it has a subdivision certificate. LPI lists several exemptions to this requirement, which can be found here, however the majority require a subdivision certificate even if development approval is not required.

 

Who issues a Subdivision Certificate? 

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

A Subdivision Certificate must generally be issued by Council (see section 109D(1)(d) of the EP & A Act). A Subdivision Certificate can not be issued unless the following matters have been satisfied:  

  • in the case of subdivision that may not be carried out except with development consent, a development consent (or, in the case of complying development, a complying development certificate) is in force with respect to the subdivision; and
  • in the case of subdivision for which a development consent has been granted, the applicant has complied with all conditions of the consent that, by its terms, are required to be complied with before a subdivision certificate may be issued; and
  • in the case of subdivision that relates to land within a water supply authority’s area of operations, the applicant has obtained a certificate of compliance from the water supply authority with respect to the subdivision of the land; and
  • all other matters in section 109J of the EP & A Act have been satisfied.

How do I get a Subdivision Certificate?

To obtain a Subdivision Certificate from Council, a completed application form must be lodged with Council and is to include the following:

  1. a letter detailing the documents accompanying the application;  
  2. an original deposited plan administration sheet (clearly identified as the original) and 1 copy
  3. three (3) copies of the plan of subdivision;
  4. an original of any other relevant documents requiring Council’s execution (clearly identified as the original) and 1 copy;
  5. a completed subdivision certificate checklist (see application form);
  6. a report addressing each of the conditions of the development consent, together with evidence of how these conditions have been satisfied;
  7. where a development consent is not required, details demonstrating compliance with the provisions of the relevant legislation (eg. Exempt Development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008);
  8. a certificate of compliance from the Water Supply Authority (Byron Shire Council or Rous County Council, as the case may be) for the subdivision; and
  9. a copy of the completion letter for the subdivision works from Council; and
  10. payment of the appropriate application fees and charges, which can be found here.

Application forms are available from Council’s Customer Services Centre or may be downloaded here.

What certificates or documents are required by my DA conditions? 

A sample of typical certificates required to satisfy conditions of development consent are as follows: