Under the Environmental Planning and Assessment Act 1979, subdivision is a form of development that requires approval. Approval is given in the form of a Subdivision Certificate.
An application for a Subdivision Certificate is required whether or not the subdivision involves building works. If a subdivision does involve works, a Construction Certificate is also required prior to the commencement of the building works.
A Subdivision Certificate can be issued by Council.
The requirements for subdivision (e.g. width, frontage and block size) are set out within the Lane Cove Local Environmental Plan.
How do you obtain a Subdivision Certificate?
Obtaining a Subdivision Certificate from Council is a two-stage process:
Stage 1. Lodging a Development Application
To obtain a Subdivision Certificate you must lodge a development application.
If your application is successful, Council grants a development consent. This consent will be subject to certain conditions. You will be required to comply with all the conditions of the development consent, including completion of any building works, before the Subdivision Certificate can be issued.
Stage 2. Lodging Linen Plans
Once you can demonstrate that you have complied with all the relevant conditions of consent you are required to lodge your linen plans with Council (or an Accredited Certifier).
If applying to Council, complete the Application for a Subdivision Certificate.
Depending on the nature of the subdivision you may be required to lodge additional information with your linen plans. For example, a certificate of compliance from Sydney Water may be required if the subdivision involves the creation of new lots. The full requirements for lodging linen plans are set out below. Upon receiving and processing all relevant information Council will issue you with a Subdivision Certificate.
Requirements when lodging a Development Application
The following information must accompany a development application for subdivision:
- Application form - A completed application form and checklist is required. These can be obtained from Council’s website or from council's Customer Service Centre.
Please note that the checklist forms part of your application.
- Owners consent - Consent from all registered owners is required. If there is more than one owner, every owner must sign. If a company owns the property, the application form must be signed by an individual acting with the company’s authority. If the property is under a Strata title or a lot in a Community title, then in addition to the owner’s signature, consent of the body corporate is required.
Information required when lodging your final Linen Plans
The following information must be submitted with your linen plans:
- Plan of subdivision/strata: The original plan of subdivision and one copy of the original plan prepared by a qualified surveyor.
- Development consent or a Complying Development Certificate: Development consent or a Complying Development Certificate and confirmation that all relevant conditions of consent have been satisfied.
- Deferred commencement consent: For a deferred commencement consent, confirmation that the applicant has satisfied Council on all matters before it can operate (if required).
- Section 88 Instrument: Any plans which propose easements, rights of way, covenants or the like that are to be created under Section 88 of the Conveyancing Act, must be accompanied with an Instrument prepared under the Conveyancing Act.
- Community Management Statement: A Community Management Statement is required to be submitted with a Community title subdivision application.
- A certificate of compliance: A certificate of compliance (Section 73 Certificate) from Sydney Water for the subdivision of land subdivision into Torrens title.
- Subdivision works: For subdivisions involving subdivision works, evidence that:
- The works have been completed, or
- An agreement has been reached with Council regarding payment for the costs of works or as to the time required for carrying out of the work, or
- A form of security has been given to Council for the completion of required works.
Fees will be determined by Council and may be paid in cash, by cheque or with a credit card (MasterCard and VISA only). You may also pay by credit card by mail or fax by using our Credit Card Payment Authorisation form. If you wish to know the fee prior to lodgement, contact Council’s Customer Service Centre on 9911 3555.
If you require further information on lodging an application, a Duty Planner may be contacted on 9911 3555 between 8:30am - 4:30pm, Monday to Friday.