Subdivision includes subdividing land, boundary adjustments or subdividing parts of a building. There is a four-step process for subdivision:
- submit a Development Application, if required
- obtain a Construction Certificate, if required by the development consent
- submit a Subdivision Certificate Application form with the supporting documentation outlined in the subdivision checklist
- lodge subdivision plan for registration.
Similar to most local developments, you will need to determine whether a Development Application (DA) for a subdivision is required. Subdivisions are generally assessed as part of the DA for development. Most subdivisions do require development consent under Clause 2.6 of the Eurobodalla Local Environmental Plan 2012, although the clause does identify certain exemptions. If a DA is required, you will need to obtain advice from our Development Helpdesk about the DA requirements and fees.
To find out whether you can subdivide a site, you must refer to the Minimum Lot Size Maps in Clause 4.1 of the Eurobodalla Local Environmental Plan 2012. You will also need to seek advice in relation to the zoning of the land, relevant development control plans and local environmental plans, and Section 7.12 contributions. Service authorities, NSW Land Registry Services and a registered surveyor should also be consulted in relation to their requirements and fees.
This flowchart shows the major steps in the subdivision process:
The flowchart is a general guide only and does not cover every scenario. Processes may vary for some developments based on legislative requirements.
Types of subdivision
There are four types of subdivision that can be undertaken:
Strata title subdivision
A strata title subdivision is most commonly used for apartment buildings, industrial and commercial developments.
- This title gives individual ownership to small portions of a larger property and an undivided share to common property (eg, driveways, carparks, communal foyers, gardens).
- It also allows for the vertical subdivision of sections of a building into separate titles such as the separation of a ground floor retail or commercial area from the above residential floors.
- Owners will become members of the body corporate, which controls maintenance of common areas and other matters.
- A strata subdivision may be complying development. If not complying development, a Development Application will be required.
Torrens title subdivision
- A torrens title subdivision involves the creation of new allotments from an existing allotment.
- Unlike with strata title subdivision, torrens title subdivision is usually created so that each of the new allotments can be owned as freehold land.
- To obtain approval for a torrens title subdivision, you must lodge a Development Application with Council.
- A boundary adjustment is defined as the realignment of a lot boundary.
- A boundary adjustment may be exempt from having to obtain development consent.
- Please refer to our exempt development page for more information.
Consolidation of lots
- A consolidation is the amalgamation of two or more lots into one lot.
- A consolidation of allotments is not development for the purposes of the NSW Environmental Planning and Assessment Act 1979, and therefore does not require approval from Council.
The subdivision process
1: Does your development need approval?
If your proposal is not exempt or complying development you will need to submit a Development Application (DA) to Council. Please refer to the Development Application process and complete the application form:
- Development Application Form (50.3 KB)
- Development Application - Checklist for Lodgement (Subdivision) (419.2 KB)
Summary of steps involved
- Complete a DA form and use the checklist to make sure you have all of the necessary information.
- Lodge your DA with Council's Development Help Desk:
- by email: Council's Development Help Desk
We will send you an acknowledgement in writing that includes the DA number, and contact details of the planner who will assess your application.
- in person: between 8.30am and 4.30pm at Council's customer service centre on the corner of Vulcan and Campbell streets, Moruya. Please arrive before 4pm so there is enough time to thoroughly check and lodge your application. Please make sure you have your completed application form, checklist and required copies of plans and documents with you. You will also need to pay your application fees at the time of lodgement.
- by post: Development Help Desk, Eurobodalla Shire Council, PO Box 99 Moruya NSW 2537
You will need to include payment with your posted application, please contact us first to get a fee quote to avoid delay in lodgement.
- by email: Council's Development Help Desk
- You can track the progress of your DA with our online DA tracking tool.
If your proposal is exempt or complying development, then you will not be required to submit a Development Application and you can proceed to step 3.
2: Does your development require a Subdivision Works Certificate?
Once you have lodged your Development Application (DA), we will make a determination that either:
- grants conditional approval
- refuses the DA.
We will send you a formal notice of determination (consent) advising whether your DA has been approved or refused. Where approval is granted, a notice of consent will include conditions and a set of your submitted plans and documentation for the development that has been endorsed (ie, stamped) as being approved.
If the notice of consent requires you to undertake any civil works, extension of reticulated water/sewer, inter-allotment drainage or new roads, a Subdivision Works Certificate will also be necessary. You can nominate Council as the principal certifier for the development and a Subdivision Works Certificate must be issued before the commencement of any building works.
Council will carry out inspections to ensure compliance with the approved Subdivision Works Certificate plans.
Applying for a Subdivision Works Certificate
If you would like to apply to Council for your Subdivision Works Certificate, please complete the application form and return it to Council along with your application fee, plans, specifications and construction detail, and a long service levy receipt for works that exceed the sum of $25,000.
Council will issue your Subdivision Works Certificate once you have provided all of the information required in your application.
- An application for a Subdivision Works Certificate may not be made by a person who will carry out the building work or subdivision work unless that person owns the land on which the work is to be carried out.
- Subdivision Works Certificate applications must address all relevant conditions of the development consent. Plans detailing construction works involved must be submitted with the Subdivision Works Certificate Application for approval.
- Council will assess your Subdivision Works Certificate and act as the principal certifier for the development. Once the application has been assessed and found to be acceptable, a Subdivision Works Certificate and set of stamped plans will be returned to you.
- The issue of a Subdivision Works Certificate means that you can commence the civil works that have been approved.
If your development consent conditions do not mention a Subdivision Works Certificate being required, and once all other conditions have been satisfied, then you can proceed to lodge a Subdivision Certificate Application.
3: Lodge a Subdivision Certificate Application
This is the final Council approval of the subdivision process.
Before you can apply for a Subdivision Certificate Application, you will need to provide Council with demonstrated evidence that all development consent conditions are complied with (if a Development Application was required), all Subdivision Works Certificate approved works have been completed.
Once Council has accepted this documentation, you can apply for a Subdivision Certificate by:
- Completing a Subdivision Certificate Application form and using the checklist to make sure you have all of the necessary information:
- Lodging the application with Council's Engineering Support Officer:
- in person: between 8.30am and 3.30pm at Council's customer service centre on the corner of Vulcan and Campbell streets, Moruya. Please arrive before 3pm so there is enough time to thoroughly check and lodge your application.
- by post: Engineering Support Officer, Eurobodalla Shire Council, PO Box 99 Moruya NSW 2537
You will need to include payment with your posted application. Please contact the Engineering Support Officer for a contributions/maintenance bond quote first to avoid delay in processing.
- Once a complete application has been received, Council will assess the application and provide a response within 14 days of the date of lodgement.
- When the application is assessed and approved, a Subdivision Certificate is issued by Council on the final plan of subdivision. This Subdivision Certificate authorises the registration of the plan with NSW Land Registry Services.
4: Lodge plan for registration
Once the Subdivision Certificate has been issued by Council and you have received the endorsed final plan of subdivision, administration sheet and 88b Instrument (if required), you must submit this documentation to the NSW Land Registry Services for registration (fees will apply).
- Find out more about plan registration on the NSW Land Registry Services website.
We can help you
For more information, contact our Development Help Desk:
- T: 02 4474 1231
- E: Council's Development Help Desk