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The subdivision process

Subdivision includes subdividing land, boundary adjustments or subdividing parts of a building. If you are considering a subdivision, there is a four step process:

  1. submit a Development Application (DA), if required
  2. obtain a Construction Certificate (CC), if required by the development consent
  3. submit a Subdivision Certificate Application form with the supporting documentation as per the checklist on the form
  4. 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 in relation to 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.

The following 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 which may 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 DA 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, a DA is required to be lodged with Council.

Boundary adjustments

A boundary adjustment is defined as the realignment of a lot boundary. A boundary adjustment may be exempt from having to obtain development consent. Refer to the exempt development section of this website for further 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 following information explains the subdivision process in more detail.

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Step 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 below.

  • Complete a DA form and use the relevant checklist to make sure you have all of the necessary information.
  • Lodge your DA with Council's Development Helpdesk in person:
    • at the customer service centre, corner of Vulcan Street and Campbell Street, Moruya
    • between 8.30am and 4.30pm
    • please note: ensure you arrive before 4.00pm so there is sufficient 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.
  • If you are mailing your application, contact us first to get a fee quote and include your payment with your application to avoid delay in lodgement. You can mail your application to:
    • Development Helpdesk, Eurobodalla Shire Council, PO Box 99 MORUYA NSW 2537.
  • You can email your application to Council's Development Help Desk at:
  • We will send you an acknowledgement letter that includes the DA number and the name and contact details of the planner who will assess your application.
  • You can track the progress of your DA with our online DA tracking tool.

The application and relevant checklist for subdivision is as follows:

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.

Step 2 - does your development require a Construction Certificate?

Once you have lodged your Development Application (DA), we will make a determination that either:

  • grants conditional approval, or
  • refuses the DA.

You will then be sent 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 Construction Certificate (CC) will also be necessary. Council can be nominated as the Principal Certifying Authority (PCA) for the development and a CC must be issued before the commencement of any building works - refer to the Construction Certificate process.

Council will carry out inspections to ensure compliance with the approved Construction Certificate plans.

If you would like to apply to Council for your CC, 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 CC once you have provided all of the information required in your application.

An application for a CC 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.

Construction Certificate applications must address all relevant conditions of the development consent. Plans detailing construction works involved must be submitted with the CC application for approval.

Council will assess your CC and act as the Principal Certifying Authority for the development. Once the application has been assessed and found to be acceptable, a CC, set of stamped plans and the PCA letter will be returned to you.

The issue of a CC means that you can commence the civil works that have been approved.

If there is no mention of a CC being required in the development consent conditions, and once all other conditions have been satisfied, then you may lodge a Subdivision Certificate Application after receiving development consent - refer to step 3.

If you would like to apply to Council for a Subdivision Certificate Application, please complete the following application:

Step 3 - lodge a Subdivision Certificate Application

This is the final Council approval of the subdivision process. A completed Subdivision Certificate Application form must be submitted to Council with the appropriate fees.

You will need to provide Council with demonstrated evidence that all development consent conditions are complied with (if a Development Application was required), all Construction Certificate approved works have been completed, and all works as executed documentation submitted for approval.

Once Council has accepted this documentation, you can apply for a Subdivision Certificate as follows:

  • Complete a Subdivision Certificate Application form and use the checklist to make sure you have all of the necessary information.
  • Lodge the application with Council's Engineering Support Officer in person:
    • at the customer service centre, corner of Vulcan Street and Campbell Street, Moruya
    • between 8.30am and 4.30pm
    • please note: ensure you arrive before 4pm so there is sufficient time to thoroughly check and lodge your application.
  • If you are mailing your application, contact the Engineering Support Officer for a contributions/maintenance bond quote and include your payment with your application to avoid delay in lodgement. You can mail your application to:
    • Engineering Support Officer, Eurobodalla Shire Council, PO Box 99 MORUYA NSW 2537.
  • 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.

The Application and checklist for a Subdivision Certificate is as follows:

Step 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).

More information about the registration of plans

We can help you

If you need more information about your subdivision, please phone the Development Help Desk:

  • T: 02 4474 1231
  • E: Council's Development Help Desk
  • visit our customer service centre at the corner of Vulcan Street and Campbell Street, Moruya, Monday to Friday between 8.30am and 4.30pm.