Approval is also needed in certain situations to create or remove easements (an easement being a right held by a person to use another's land for particular purposes, such as access and drainage).
Subdivision is complicated and has certain legal requirements. Therefore, applicants should be land surveyors, whose professional skills enable them to manage the complex nature of subdivision in the municipality.
Subdivision process and applications
A typical, simplified subdivision process involves the following steps:
- A planning permit allowing subdivision is granted. If issued, this will set the general parameters and conditions for final approval of the subdivision.
- A formal plan of subdivision that has been prepared by a licensed surveyor, as required under the Subdivision Act 1988, is certified. The plan must be compliant with the planning permit.
- A statement of compliance for the subdivision, as required under the Subdivision Act 1988, is issued. This shows evidence of compliance with all public work requirements of the permit, which primarily are those of the service authorities.
Applications are lodged and managed using Surveying and Planning through Electronic Applications and Referrals (SPEAR). Visit the SPEAR websiteOpens in new tab for more details.
Surveying consultancies can also be found in the Yellow Pages (under 'Surveyors'). Many firms are members of the Association of Consulting Surveyors (Victoria)Opens in new tab, where you can also find a surveyor and access additional subdivision advice.
Speculative subdivision is discouraged.
A planning permit will need to be first issued for an associated development. Controls are then established to ensure the development is actually completed and that the subdivision aligns with the as-built works.
Many issues have to be addressed and managed within the subdivision process to ensure responsible title arrangements are created. In addition to the provision of prescribed fees, forms, documentation and so forth, and dependent on the nature of a subdivision, these may include or involve:
- payment of a public open space contribution to the City of Melbourne
- building surveying input
- provision of servicing and infrastructure information
- subdivision overlays on architectural plans
- Clause 56 ('Rescode') information
- effects on the Council’s roads assets
- owners and owners corporation consents
- addressing of lots and road naming
- legal agreements
- public road, drainage and service works.
Information for surveyors
Surveyors can access more detailed information on making a subdivision application in the fact sheet.
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