PLAN OF SUBDIVISION
1. What is a plan of subdivision?
A plan of subdivision is a legal document that enables the creation of new parcels of land by dividing an existing property into two or more separate lots. It provides a clear and official representation of the boundaries, dimensions, and ownership of each individual lot within the subdivision. This plan is crucial for establishing and registering the newly created lots with the relevant land registry authorities, allowing for independent ownership and development of each subdivided portion of the property.
2. Why do you need a plan of subdivision?
A plan of subdivision is essential to legally divide a property into multiple lots or units. It is required to obtain approval from the local council and to register the new parcels with the Land Registry Services. Without a plan of subdivision, you cannot proceed with the subdivision process and legally split your property. Whether it's for creating multiple residential lots or implementing a dual occupancy subdivision, a plan of subdivision is necessary to establish clear boundaries, ownership, and facilitate independent development of each subdivided portion of the property.
PLAN OF REDEFINITION
1. What is a plan of redefinition?
A plan of redefinition is a document that establishes new boundaries for a specific parcel of land. It serves as the foundation for the strata plan and defines the precise boundaries of individual lots within a strata development.
2. Why do you need a plan of redefinition?
A plan of redefinition is necessary to meet the requirements of Land Registry Services for the registration of a new strata plan. It ensures accurate and legally defined boundaries are established for each individual lot within the strata development.
PLAN OF DELIMITATION
1. What is a plan of delimitation?
A plan of delimitation is a comprehensive survey process that examines the boundaries of a property using various survey data, such as deposited plans and State Survey Marks. The purpose is to determine and establish the accurate deed boundaries of the property. This involves comparing the existing boundaries with the current physical occupations on the ground. The plan of delimitation provides a clear and precise representation of the property's boundaries, ensuring legal compliance and resolving any boundary-related disputes.
2. Why do you need a plan of delimitation?
A plan of delimitation is necessary when a property has a "limited title" clause on the Certificate of Title, indicating that the boundaries of the land have not been surveyed by the Surveyor General. In such cases, a plan of delimitation is required to investigate and establish the accurate boundaries of the property. This process ensures that the boundaries are properly defined and recorded, providing clarity and certainty regarding the property's extent and avoiding any potential boundary disputes or uncertainties in the future.
DUAL OCCUPANCY
1. What is a Dual Occupancy?
A Dual Occupancy refers to the construction of two residential dwellings on a single legal lot of land. This can take the form of attached dwellings, where the units share a common wall and are often referred to as duplexes, or detached dwellings, where the units are separate and independent structures. Dual Occupancy developments provide the opportunity to maximize land utilization and accommodate multiple households on a single property. Whether it's a duplex or detached configuration, a Dual Occupancy allows for increased housing density and the potential for rental income or multigenerational living arrangements.
1.1. Dual Occupancy Subdivision
A Dual Occupancy subdivision involves the legal division of a property with two residential dwellings into two or more separate lots. The main consideration in this process is determining the eligible method of subdivision. There are two common methods for Dual Occupancy subdivision: Torrens Title Subdivision and Strata Subdivision. Torrens Title Subdivision creates individual lots with their own titles and boundaries, while Strata Subdivision involves dividing the property into separate strata units, each with its own title and shared ownership of common areas. The choice of subdivision method depends on factors such as local regulations, property characteristics, and the desired ownership structure for the subdivided lots.
2. What is Torrens Title Subdivision?
Torrens Title Subdivision is a process that involves legally dividing a property into two or more separate lots, each with independent ownership and individual titles. In this type of subdivision, there is no shared or common property among the lots. Each lot becomes its own distinct and self-contained entity, allowing for separate ownership and management. Torrens Title Subdivision provides clear boundaries and ownership rights for each individual lot, facilitating independent ownership and transfer of property without any shared responsibilities or obligations. It is a common method used to create separate and distinct properties within a larger parcel of land.
2.1. Strata Subdivision
Strata Subdivision is a process of dividing a property into individual lots, along with the allocation of common property, to enable separate ownership of each lot within a building or development. Each lot owner has exclusive ownership of their individual lot and shares collective ownership of the common property, which includes areas like stairwells, driveways, and other shared spaces. Under a Strata Plan, owners collectively manage and maintain the common property, while also having the freedom to make changes and improvements to their individual lots. Unlike Torrens Title Subdivision, Strata Subdivision does not have minimum lot size requirements, making it a flexible option for multi-unit developments and apartment buildings.
3. How long does subdividing my Dual Occupancy take?
The timeline for subdividing a Dual Occupancy property can vary depending on several factors, including the method of subdivision and the approving authorities involved.
For Torrens Title Subdivision, the process typically takes between 3 to 6 months for approval from the local council. The duration can be influenced by factors such as the workload of the council, requests for additional information, the complexity of the property, and whether the subdivision is part of a combined construction development application. The time required for the subdivision to be registered with Land Registry Services is specific to each site and can be influenced by factors like construction requirements, drainage work, and the time taken for council and mortgagees to provide consent.
On the other hand, the timeline for Strata Subdivision can be faster if approved by a Strata Certifier, generally taking up to three weeks. However, if the approval is issued by the local council, it can take up to three months, especially if combined with a construction approval. The process of registering the Strata Subdivision with Land Registry Services is also dependent on various factors, such as the need for construction as per the development approval, consent from council and mortgagees, and the time taken by Land Registry Services to register the plan and issue separate Certificates of Title.
It's important to note that these timelines are estimates and can vary depending on the specific circumstances of each individual site and the efficiency of the involved parties. Engaging experienced professionals, such as land surveyors and consultants, can help streamline the subdivision process and ensure compliance with the necessary regulations and requirements. They can guide you through the steps, assist with documentation, and help expedite the approval and registration processes, ultimately reducing the overall time required for subdividing your Dual Occupancy property.