Subdivision Certificates

Torrens Title

 A Torrens Title is the creation of new allotment(s) from an existing allotment.  Torrens Title Subdivisions are usually created so that each of the new allotments can be owned as freehold land.

Boundary Adjustments

A Boundary Adjustment or Boundary Alteration is the alteration of a boundary between adjoining properties.

Please note minor boundary adjustments may not require development consent. The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 identifies those boundary adjustments which are exempt developments.

Strata Title 

A Strata Title is commonly used for apartment buildings, commercial and industrial developments. The boundaries of the lots in a strata plan are defined by permanent structures such as walls. 

Strata Title subdivides the air space above the land not the land. 

At the start of a strata scheme, an owner's corporation is set up which is a body corporate of all of the lot owners in the scheme. The body corporate is responsible for maintenance and repairs of common property.

Community Title

A Community Title enables the owners within the plan to share or have the use of community land set aside for parks, playgrounds, swimming pools etc. This type of subdivision is able to include individual dwellings, shops and other facilities.  Each owner of an allotment included in the plan contributes levies for the cost of maintaining communal property. 

Stratum Subdivision

A Stratum Subdivision is used when mixed-use developments (i.e. commercial and residential uses) occupy separate floors within the one building. To enable the conflicting needs of the various occupants, the building can be subdivided horizontally into lots.

Below are the steps required for obtaining a Subdivision Certificate;

• Development Application or Complying Development Certificate Application lodged.

A subdivision will require either development consent or complying development approval. The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 identifies the relevant standards which allow for a strata subdivision to be approved as complying development and identifies minor boundary adjustments which are exempt developments.  

Applications are to be submitted through the NSW Planning Portal.

• Works and compliance certification to be completed

The development consent or complying development approval will contain a list of conditions for the subdivision.  You will need to comply with all conditions before applying for a Subdivision Certificate.

• Apply for a Subdivision Certificate

Once you have complied with each condition, you will need to submit a Subdivision Certificate Application.  This application must include a plan of subdivision prepared by a registered surveyor, Deposited Plan or Strata Plan Administration Sheet (depending on type of subdivision), a covering letter detailing how each condition has been satisfied along with any other supporting information, certification or required documentation.

Applications are to be submitted through the NSW Planning Portal.

• Lodge documents with Land Registry Services

Once the Subdivision Certificate has been signed by the City, the documents will need to be lodged with NSW Land Registry Services to finalise the subdivision of the land.

If a Subdivision Works Certificate (Civil Works) is required, this will be conditioned on your Development Application Consent.

You will need to lodge a Subdivision Works Certificate Application if your development requires:

• bulk earthworks
• lot fill
• construction of any new roads (including kerb and gutter)
• bridge or major culvert works
• inter-allotment or stormwater drainage, or
• works to water and sewer mains.

This application must be lodged and approved by the City prior to the commencement of any civil works.

Applications are to be submitted through the NSW Planning Portal.

When submitting your completed Subdivision Certificate Application Form, you are required to supply the following documentation:

• Plan of subdivision prepared by a registered surveyor
• Deposited Plan or Strata Plan Administration Sheet
• 88B Instrument (if required)
• A covering letter detailing how all relevant conditions of the development consent or complying development approval have been satisfied
• Supporting documentation i.e. certificates, notice of arrangement for electricity, telecommunications letter etc.
• Owner's Consent - this can be a written letter of consent or the City's Owners Details and Consent Form
• For subdivisions involving civil works construction, evidence that the work has been completed including
• • Works as Executed (WAE) Drawings
  • Inter-maintenance Inspection Release
  • Superintendents Report

Applications are to be submitted through the NSW Planning Portal.

Please note that partial lodgement (i.e. without the required documents listed above) will not be accepted.

88B Instrument – Any subdivision which proposes easements, rights of way, covenants or the like that are to be created under Section 88 of the Conveyancing Act 1919, must be accompanied with an instrument prepared under the Conveyancing Act 1919.

Deposited Plan or Strata Plan Administration Sheet – The administration sheet must contain all the signatures, seals and certificates required by the Registrar General, endorsed in the appropriate panels on the approved form.  There are different forms for deposited plans and strata plans.  This form is required to be submitted to NSW Land Registry Services when lodging the subdivision plan. 

Copies of these forms are available on the NSW Land Registry Services Website

Superintendents Report – This report should include Inspection Records, Material Certification and Supply, Testing, Fill Report and details of any variations to the design.