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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. lodge a Development Application (DA), if required
  2. obtain a Subdivision Works Certificate (SWC), if required by the development consent
  3. lodge a Subdivision Certificate Application with the supporting documentation - refer to 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.

Guide to the subdivision process

Council's flowchart shows the major steps in the subdivision process. It is a general guide only and does not cover every scenario. Processes may vary for some developments based on legislative requirements:

You will need to determine whether a DA for a subdivision is required. Subdivisions are usually assessed as part of the DA for development. Most subdivisions do need development consent under clause 2.6 of the Eurobodalla Local Environmental Plan 2012. If a DA is necessary, you can get advice from our Development Help Desk 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
  • get advice from our Development Help Desk about the:
    • zoning of the land
    • relevant development control plans
    • local environmental plans
    • section 7.12 contributions
  • consult service authorities, NSW Land Registry Services and a registered Surveyor about their requirements and fees.

Types of subdivision

There are four types of subdivision that can be carried out:

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 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 it is not complying development, you will need to apply for a DA.

  • A torrens title subdivision involves the creation of new allotments from an existing allotment.
  • Torrens title subdivision is usually created so that each of the new allotments is owned as freehold land.
  • You must lodge a DA to get approval for a torrens title subdivision.

  • A boundary adjustment is the realignment of a lot boundary.
  • A boundary adjustment may be exempt from requiring development consent.
  • Please refer to our exempt development page for more information.

  • 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.
  • You do not need approval from Council for this type of subdivision.

The subdivision process

There are four steps to the subdivision process:

If your proposal is exempt or complying development you will not need to lodge a DA and you can go to step 3: apply for a Subdivision Certificate.

However, if your proposal is not exempt or complying development you will need to prepare and lodge a 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 DA process.

Prepare your supporting documents

There are various supporting documents you will need to lodge with your application on the Planning Portal:

Lodge your DA

Step 1: prepare to upload your supporting documents

Once you have prepared the supporting documents detailed on this page, you will need to save them as separate PDFs ready to upload with your DA.

Step 2: address all requirements in the checklist

You will need to address all requirements outlined in the checklist:

This is important so that you're not charged another portal service fee to re-submit your DA. The NSW Government issues portal service fees to support the ongoing maintenance and delivery of the Planning Portal.

Please note that fees payable through the ServiceNSW gateway may incur a surcharge.

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

  • T:  1300 305 695.

Step 3: lodge your DA and supporting documents on the NSW Planning Portal

Council's Development Assessment Team will review your application and notify you of the outcome.

Council will issue you with an invoice for the application fee if we accept your application.

Step 4: 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.

After you lodge your DA, Council will make a determination and grant conditional approval, or refuse the DA.

Council will issue a formal notice of determination (consent) which will specify whether your DA is approved or refused. If Council approves your DA, the notice of consent will include conditions. We will also email a set of the stamped and approved plans to you.

If the notice of consent requires you to carry out:
  • civil works
  • extension of reticulated water/sewer
  • inter-allotment drainage
  • new roads,

you will also need a Subdivision Works Certificate (SWC).

You can nominate Council as the principal certifier for your development. Council must issue a SWC before building works start.

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

Prepare your supporting documents

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

There are various supporting documents you will need to lodge with your application on the Planning Portal:

Lodge your Subdivision Works Certificate Application

Step 1: prepare to upload your supporting documents

Once you have prepared the supporting documents detailed on this page, you will need to save them as separate PDFs ready to upload with your SWC application.

Step 2: address all requirements in the checklist

You will need to address all requirements outlined in the checklist:

This is important so that you're not charged another portal service fee to re-submit your SWC. The NSW Government issues portal service fees to support the ongoing maintenance and delivery of the Planning Portal.

Please note that fees payable through the ServiceNSW gateway may incur a surcharge.

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

  • T:  1300 305 695.

Step 3: lodge your application on the NSW Planning Portal

Council's Development Assessment Team will review your application and notify you of the outcome.

Council will issue you with an invoice for the SWC application fee if we accept your application.

Step 4: pay your application fee

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

Please note:

  • SWC applications may not be made by a person who will carry out the building or subdivision work, unless that person owns the land on which the work is to be carried out.
  • SWC applications must address all relevant conditions of the development consent. You must lodge plans detailing construction works involved with the SWC application for approval.
  • Council will assess your SWC and act as the principal certifier for the development. Once Council has assessed your application and finds it acceptable, we will forward a SWC and set of stamped plans to you.
  • When Council issues your SWC, you can start the civil works that have been approved.

This is the final Council approval of the subdivision process.

A Subdivision Certificate (SC):

  • can only be made by the owner of the land or any other person with the landowner's consent (in writing)
  • certifies that the subdivision plan has been completed in accordance with the development consent, or Complying Development Certificate (CDC) in the case of complying development
  • authorises the registration of the subdivision plan for lodgement with NSW Land Registry Services.

Before you can apply for a SC, you will need to provide Council with evidence that all:

  • development consent conditions are complied with (if a DA was required)
  • Subdivision Works Certificate (SWC) approved works are complete.

Once Council accepts your documentation, you can apply for a SC.

Prepare your supporting documents

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

You will need to lodge supporting documents with your application. These documents are generally:

  • subdivision plan
  • copy of the development consent (if a DA was lodged) or CDC (if complying development)
  • copy of any relevant SWC or SC
  • copy of an operative development consent, and evidence of compliance with any conditions that need to be addressed before a SC is issued
  • copy of detailed subdivision engineering plans
  • certificate of compliance from the water authority (where relevant)
  • evidence that you have obtained required drainage easements 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 in relation to payment for the cost of the work, and the time to carry out the work
    or
  • an agreement has been reached with the relevant consent authority in relation to security given to the consent authority to complete the work
  • anything else outlined in the Environmental Planning and Assessment Regulation 2021.

You also need to complete and lodge:

Lodge your Subdivision Certificate Application

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

Step 1: prepare to upload your supporting documents

Once you have prepared the supporting documents detailed on this page, you will need to save them as separate PDFs ready to upload with your application.

Step 2: address all requirements in the checklist

You will need to address all requirements outlined in the checklist and have your supporting documents ready to upload with your application:

This is important so that you're not charged another portal service fee to re-submit your SC application. The NSW Government issues portal service fees to support the ongoing maintenance and delivery of the Planning Portal.

Please note that fees payable through the ServiceNSW gateway may incur a surcharge.

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

  • T:  1300 305 695.

Step 3: lodge your application and supporting documents on the NSW Planning Portal

Council's Development Assessment Team will review your application and notify you of the outcome.

Council will issue you with an invoice for the application fee if we accept your application.

Step 4: 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.

When your application is assessed and approved, Council will issue a SC on the final plan of subdivision. This SC authorises the registration of the plan with NSW Land Registry Services.

Once Council issues the SC and you receive the endorsed final plan of subdivision, administration sheet and 88b Instrument (if required), you must lodge these documents with NSW Land Registry Services for registration.

Resources to help you lodge your application

The Department of Planning and Environment has a range of resources to guide you through the lodgement process:

You can also get Council's answers to frequently asked questions about lodging your application through the Planning Portal. This information relates to Eurobodalla customers:

We can help you

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: