A plan of subdivision divides a parcel of land into parts for separate use. It 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 Registry Services (LRS) 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 LRS. It is the responsibility of the Registrar General to ensure that plans and associated titles comply with the requirements set out in legislation.
A plan of subdivision generally cannot be registered by LRS unless it has a subdivision certificate. LRS lists several exemptions to this requirement, however the majority require a subdivision certificate even if development approval is not required.
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 all 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
- 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
- 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
- all other matters in section 6.15 of the EP & A Act have been satisfied.
How do I apply for 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:
a letter detailing the documents accompanying the application
an original deposited plan administration sheet (clearly identified as the original) and 1 copy
three copies of the plan of subdivision
an original of any other relevant documents requiring Council’s execution (clearly identified as the original) and 1 copy
a completed subdivision certificate checklist (see application form).
a report addressing each of the conditions of the development consent, together with evidence of how these conditions have been satisfied
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)
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
a copy of the completion letter for the subdivision works from Council
payment of the appropriate application fees and charges
Download Subdivision Certificate Application form(PDF, 260KB)
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: