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The subdivision process

Subdivision includes subdividing land, boundary adjustments or subdividing parts of a building. There is a four-step process for subdivision:

  1. submit a Development Application, if required
  2. obtain a Construction Certificate, if required by the development consent
  3. submit a Subdivision Certificate Application form with the supporting documentation outlined in the checklist in 'step 3' on this page
  4. lodge subdivision plan for registration.

Use the NSW Planning Portal from 1 July 2021

From 1 July 2021, applications such as development applications and post-consent certificates must be lodged via the NSW Government's Planning Portal. From 1 July 2021 the NSW Planning Portal is the only way you can lodge these applications.

NSW Planning Portal: frequently asked questions

Find answers to all of your questions about lodging certain planning applications online through the NSW Planning Portal:

Guide to the subdivision process

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:

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.

  • 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.

The subdivision process

There are four steps involved in the subdivision process:

If your proposal is not exempt or complying development you will need to submit a Development Application (DA).

From 1 July 2021 the NSW Government made the online lodgement of certain applications such as DAs, mandatory on the NSW Planning Portal.

Please refer to the Development Application process.

Lodgement

From 1 July 2021, across NSW it is mandatory to lodge certain applications, such as DAs, on the NSW Planning Portal.

The Department of Planning, Industry and Environment has a range of resources and quick reference guides on the NSW Planning Portal to guide you through the lodgement process:

You can also read Eurobodalla Council's answers to frequently asked questions about lodging applications through the NSW Planning Portal specifically for Eurobodalla customers:

Prepare all required documents

There are various supporting documents that are required to be lodged with your DA. You will need to have your supporting documents prepared, ready to upload with your application on the Planning Portal. In addition to the documents referred to in the checklist, you need to also complete:

Checklist

Make sure you have addressed all of the requirements detailed in the checklist and have your supporting documents ready to upload with your DA:

You will need to prepare all of your supporting documents as separate PDFs.

Before you lodge your DA it is important that all of your supporting document requirements have been addressed, as you may be charged another portal service fee if you are required to re-submit your application.

Please note that portal service fees are issued by the NSW Government to support the ongoing maintenance and delivery of the NSW Planning Portal. Fees payable through the ServiceNSW gateway may incur a surcharge depending on the payment method.

If you have any queries about portal service fees, please contact ServiceNSW:

  • T:  1300 305 695

Lodge your application electronically

Once you have prepared your supporting documents, you can lodge your DA on the NSW Planning Portal:

Your application will be reviewed by our Development Assessment Team and you will be notified of the outcome. If your application is accepted, you will be issued with an invoice for the DA application fee.

Pay your application fee

Once you receive an invoice for the DA application fee, you will need to pay the fee by following one of the payment options detailed on the invoice.

Summary of steps involved

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.

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

From 1 July 2021, across NSW it is now mandatory to lodge certain applications - such as Subdivision Works Certificates - on the NSW Planning Portal.

Quick reference guides and resources

The Department of Planning, Industry and Environment also has a range of resources and quick reference guides on the NSW Planning Portal to guide you through the lodgement process:

You can also read Eurobodalla Council's answers to frequently asked questions about lodging applications through the NSW Planning Portal specifically for Eurobodalla customers:

Prepare all required documents

There are various supporting documents that are required to be lodged with your application for a Subdivision Works Certificate. You will need to have your supporting documents prepared, ready to upload with your application on the Planning Portal. These documents include your plans, specifications and construction detail, and a long service levy receipt for works that exceed the sum of $25,000.

In addition to the documents referred to in the checklist on this page, you need to also complete:

Checklist

Make sure you have addressed all of the requirements detailed in the checklist and have your supporting documents ready to upload with your application:

You will need to prepare all of your supporting documents as separate PDFs.

Before you lodge your application it is important that all of your supporting document requirements have been addressed, as you may be charged another portal service fee if you are required to re-submit your application.

Please note that portal service fees are issued by the NSW Government to support the ongoing maintenance and delivery of the NSW Planning Portal. Fees payable through the ServiceNSW gateway may incur a surcharge depending on the payment method.

If you have any queries about portal service fees, please contact ServiceNSW:

  • T:  1300 305 695.

Lodge your application electronically

Once you have prepared your supporting documents, you can lodge your application on the NSW Planning Portal:

Your application will be reviewed by our Development Assessment Team and you will be notified of the outcome. If your application is accepted, you will be issued with an invoice for the application fee.

Pay your application fee

Once you receive an invoice for the application fee, you will need to pay the fee by following one of the payment options detailed on the invoice.

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.

This is the final Council approval of the subdivision process.

A Subdivision Certificate:

  • certifies that the subdivision plan has been completed in accordance with the relevant development consent or complying development certificate (CDC), in the case of complying development
    and
  • authorises the registration of the subdivision plan for lodgement with Land Registry Services.

A Subdivision Certificate Application can only be made by the owner of the land or any other person with the consent (in writing) of the landowner.

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.

How to apply for a Subdivision Certificate

From 1 July 2021, across NSW it is now mandatory to lodge certain applications - such as Subdivision Certificates - on the NSW Planning Portal.

Quick reference guides and resources

The Department of Planning, Industry and Environment also has a range of resources and quick reference guides on the NSW Planning Portal to guide you through the lodgement process:

You can also read Eurobodalla Council's answers to frequently asked questions about lodging applications through the NSW Planning Portal specifically for Eurobodalla customers:

Prepare all required documents

There are various supporting documents that are required to be lodged with your application for a Subdivision Certificate. These documents are generally:

  • a subdivision plan
  • a copy of the relevant development consent (if a DA was lodged) or a CDC (if permitted under complying development)
  • a copy of any relevant Subdivision Works Certificate or Subdivision Construction Certificate
  • a copy of an operative development consent and evidence of compliance with any conditions required to be fulfilled prior to the issue of a Subdivision Certificate
  • a copy of detailed subdivision engineering plans
  • a certificate of compliance from the water authority (where relevant)
  • evidence that required drainage easements have been acquired from Council (where relevant)
  • additional requirements for subdivisions involving subdivision work
  • evidence of completion of any required subdivision work
    or
  • an agreement has been reached with the relevant consent authority as to payment for the cost of the work and the time for carrying out the work
    or
  • an agreement has been reached with the relevant consent authority as to security to be given to the consent authority with respect to the completion of the work
  • anything else detailed in Clause 157(2) of the Environmental Planning and Assessment Regulations 2000.

In addition to the documents referred to in the checklist on this page, you need to also complete:

Checklist

Make sure you have addressed all of the requirements detailed in the checklist and have your supporting documents ready to upload with your application:

You will need to prepare all of your supporting documents as separate PDFs.

Before you lodge your application it is important that all of your supporting document requirements have been addressed, as you may be charged another portal service fee if you are required to re-submit your application.

Please note that portal service fees are issued by the NSW Government to support the ongoing maintenance and delivery of the NSW Planning Portal. Fees payable through the ServiceNSW gateway may incur a surcharge depending on the payment method.

If you have any queries about portal service fees, please contact ServiceNSW:

  • T:  1300 305 695.

Lodge your application electronically

Once you have prepared your supporting documents, you can lodge your application on the NSW Planning Portal:

Your application will be reviewed by our Development Assessment Team and you will be notified of the outcome. If your application is accepted, you will be issued with an invoice for the application fee.

Pay your application fee

Once you receive an invoice for the application fee, you will need to pay the fee by following one of the payment options detailed on the invoice.

Once a complete application has been received, Council will assess the application and provide a response.

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.

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).

For assistance using the NSW Planning Portal please contact Service NSW:

If you would like to discuss the details of your application or supporting documents you need to lodge, please contact Council's Development Help Desk: