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What is the process to subdivide a property?

Subdivision involves dividing a property into smaller lots that can be sold separately. Find out about the process, if you can subdivide before getting development approval.

The subdivision process

There are 5 main stages in the subdivision process:

  1. Engage a licensed land surveyor to develop a plan of subdivision.
  2. Apply for and receive a planning permit for development with subdivision via SPEAR. This approves the subdivision plan in principle under the Planning & Environment Act 1987 and the Bayside Planning Scheme.
  3. Submit the plan of subdivision for certification. We will check the plan of subdivision under the Subdivision Act 1988. If it meets the requirements and the service authorities accept the plan, it will be certified.
  4. We provide a statement of compliance. This is the final approval letter stating that all requirements of the subdivision have been met.
  5. Lodge the certified plan of subdivision and statement of compliance at Land Use Victoria. This allows new titles to be issued for each lot created.

Can I subdivide before getting development approval?

While it is possible, it is preferred that approval for a development is obtained before applying to subdivide your land. This will enable all development matters to be considered in the planning process. Once the planning permit has been issued and works have begun, you can lodge your subdivision application in accordance with the Bayside Planning Scheme.

The rules and requirements around subdividing your land can be confusing. We are here to help, discuss your project with a planner.

Lodging your application online

It is best to lodge your subdivision application through the Surveying and Planning through Electronic Applications and Referrals system (SPEAR). If you do not, we can host the application for a fee. You can read more about this on our planning permit application fees page.

SPEAR allows subdivision planning permit and certification applications to be compiled, lodged, managed, referred, approved and tracked online. This greatly decreases processing times and provides transparency of the process.

SPEAR is available at no cost to all users and can be used by all parties involved in the planning and subdivision processes, but in differing capacities:

  • Applicants can lodge and manage their application and track its progress.
  • Responsible authorities like councils receive, manage, refer and approve applications.
  • Referral authorities can receive and respond to referrals.
  • Members of the public can find out basic information about an application and lodge and view objections.
  • Lodging parties can prepare applications and submit them electronically to Land Use Victoria.

Are there any fees?

When proposing to subdivide your land into 3 or more lots, you are required to make a public open space contribution of 5% of the site value.