Subdivision certification and registration
Subdivision converts one lot into two or more lots and requires both planning approval and registration of a new plan. The legal work sits between the surveyor, council, and land titles office — and the lawyer must coordinate all three to get new titles issued.
This is an 8-step workflow for obtaining subdivision certification and registering a plan of subdivision in Australia. It covers the process from development consent through to creation of new titles, including council condition compliance, plan certification, and registration.
Before you start
- Development consent (DA approval) or complying development certificate authorising the subdivision
- Survey plan prepared by a registered surveyor
- Details of any section 94/section 7.11 contribution conditions
- Title search for the parent lot showing current ownership and encumbrances
The workflow
Review development consent conditions
Review the DA consent or CDC conditions relating to the subdivision. Identify conditions that must be satisfied before the plan can be certified — including infrastructure works, contribution payments, and authority clearances.
Coordinate authority clearances
Obtain clearance certificates from relevant authorities — water, sewer, electricity, telecommunications, and any other authority identified in the consent conditions. Each authority confirms their requirements have been met.
Pay developer contributions
Calculate and pay any section 7.11 or section 7.12 developer contributions required by council. Obtain receipts confirming payment. These payments are typically a condition of plan certification.
Prepare and lodge the linen plan
Work with the surveyor to finalise the plan of subdivision (linen plan). Ensure it complies with the Surveying and Spatial Information Regulation requirements and matches the approved DA plans. Lodge with council for certification.
Draft any required easements or restrictions
Prepare any section 88B instruments creating easements for drainage, access, or services, and any restrictions on use of land or positive covenants required by the consent conditions.
Obtain mortgagee consent and partial discharge
If the parent lot is mortgaged, obtain the lender consent to the subdivision and arrange a partial discharge or consent to registration of the plan. The lender will typically require the new lots to remain secured.
Obtain council certification of the plan
Apply to council (or an accredited certifier where permitted) for certification of the subdivision plan. Council confirms all consent conditions have been satisfied and endorses the plan for registration.
Lodge for registration and obtain new titles
Lodge the certified plan, section 88B instruments, and any administration sheets with the land titles office. Track registration to completion and obtain new title references (folios) for each subdivided lot.
What you will have at the end
Registered plan of subdivision with new separate titles for each lot, all easements and restrictions registered, and council conditions fully satisfied.
Common issues
- Council conditions not fully satisfied before seeking certification
- Authority clearances expiring before the plan is lodged for registration
- Section 88B instruments drafted incorrectly, causing land titles office requisitions
- Mortgagee consent delayed or refused, stalling registration
- Surveyor plans not matching the approved DA plans
Run this workflow on a real matter
Quillio reviews consent conditions, helps draft section 88B instruments, and tracks condition compliance — keeping subdivisions on schedule. See /practice-areas/property-lawyers or start a free trial.
This workflow is based on NSW subdivision procedures. Other states and territories follow similar processes but with different legislation and authority names. Always check the relevant state requirements.
Try this workflow with Quillio.
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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