What is a Subdivision Certificate?
A Subdivision Certificate allows a person to lodge a plan of subdivision with NSW Land & Property Information. The plan of subdivision identifies each of the allotments approved under the original consent. The plan of subdivision must be prepared by a registered surveyor.
The release of a Subdivision Certificate verifies that the Principal Certifying Authority (Council or Accredited Certifier) is satisfied that works are completed in accordance with the applicable Development Consent and that the land is suitable to occupy.
What types of Subdivision Certificate are there?
There are generally two main types:
A Strata Title Subdivision is most commonly used for apartment buildings, commercial and industrial developments. This title gives individual ownership to small portions of a larger property and an undivided share to common property (e.g. gardens, driveways, car parks). Strata title subdivides the air space above the land not the land. Owners will become members of the body corporate, which controls maintenance of the building(s).
A Development Application is required to be lodged and approved by Council for strata subdivision.
Before you can register the strata title subdivision with NSW Land & Property Information, you must lodge a subdivision certificate application with either Council or a Private Accredited Certifier.
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 Development Application is required to be lodged with Council.
If approved, and if the subdivision includes engineering works such as earthworks, right of carriageways, roads, footpaths, water quality, control ponds and drainage works, you will be required to lodge an Engineering Construction Certificate application with Council. The Engineering Construction Certificate must be issued prior to any works commencing on site.
Who can issue a Subdivision Certificate?
The PCA for the release of a Strata Subdivision Certificate can be either a Private Accredited Certifier or the Council;
The PCA for the release of a Torrens Title Subdivision Certificate is Council only.