AU · Property Law

Subdivision application workflow

Subdivision is a two-track process — a planning approval track through council and a title track through the Land Registry. Both tracks have to be managed in sequence, and a failure at any step stalls the whole project.

In short

This is an 8-step workflow for a residential subdivision application in Australia — from initial planning check through council development consent to registration of the plan of subdivision at the Land Registry.

Time: 6 to 18 months from initial instructions to registration, depending on council, referrals, and conditions.

Audience: Australian property and planning lawyers acting for a developer or landowner on a Torrens title or strata subdivision.

Run this workflow with Quillio — free trial

Prerequisites

Before you start

Certificate of title and up-to-date search
Initial planning advice or pre-DA meeting with council
Survey engaged for the plan of subdivision
Client instructions on the number and configuration of lots

8 steps

The workflow

Confirm planning pathway

Confirm the planning pathway — LEP and DCP provisions, zone, minimum lot size, and any complying development option.

Tools: Quillio, Planning portal

Environmental Planning and Assessment Act 1979 (NSW); Planning and Environment Act 1987 (Vic)

Title and easements review

Search the title, identify existing easements, restrictions on use, and covenants. Plan for creation or release of any easements needed for the subdivision.

Tools: Land Registry search

Real Property Act 1900 (NSW)

Instruct surveyor to draft plan

Instruct a registered surveyor to draft the plan of subdivision, marking new lots, easements, drainage reserves, and any section 88B instrument required.

Tools: Surveyor

Conveyancing Act 1919 (NSW) s 88B

Lodge development application

Lodge the development application with council, including the plan, statement of environmental effects, and any specialist reports (traffic, stormwater, bushfire).

Tools: Quillio

Environmental Planning and Assessment Act 1979 (NSW) s 4.12

Respond to council and referrals

Respond to council requests for information, referral agency comments (RMS, Sydney Water, bushfire), and any submissions from neighbours.

Obtain development consent

Obtain development consent subject to conditions. Review conditions for any that must be satisfied before subdivision certificate can be issued.

Tools: Quillio

Environmental Planning and Assessment Act 1979 (NSW) s 4.17

Satisfy conditions and obtain subdivision certificate

Satisfy the pre-subdivision certificate conditions — works, contributions, easements, and any s 88B instrument — and obtain the subdivision certificate from council.

Environmental Planning and Assessment Act 1979 (NSW) s 6.15

Lodge plan for registration

Lodge the subdivision plan, s 88B instrument, and subdivision certificate at the Land Registry for registration and issue of new titles.

Tools: PEXA, Land Registry

Conveyancing Act 1919 (NSW) s 195

Outcome

What you will have at the end

Registered plan of subdivision and new certificates of title for the new lots, ready for sale or further development.

Common issues

Minimum lot size missed in the LEP, requiring a variation under cl 4.6
Existing easements not identified, blocking registration
Contributions (s 7.11) not paid before subdivision certificate issue
s 88B instrument drafted inconsistently with the plan
Referral agency conditions not tracked until lodgement

Use with Quillio

Run this workflow on a real matter

Quillio prepares the DA covering letter, tracks consent conditions, and drafts the s 88B instrument. See /practice-areas/property-lawyers or /free-trial.

General guide only — not legal advice. Planning legislation is state-specific; confirm the correct Act and council rules.

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Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.

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