A Subdivision Certificate is a certificate issued under the Environmental Planning and Assessment Act 1979, certifying that a subdivision plan (i.e. the survey plans) is compliant with the requirements of the Development Consent. A subdivision cannot be registered with the Land and Property Management Authority unless the Subdivision Certificate has been issued.
To obtain a Subdivision Certificate you must therefore firstly lodge a development application. The process for lodging a development application is set out under the DA Process section of this webpage. A Development Application Preparation and Lodgement Guide has also been developed by Council that explains the steps in preparing and lodging a development application.
If your development application is successful, Council will grant a development consent. This consent will be subject to certain conditions. You will be required to comply with all the conditions of the development consent, including completion of any building works, before the Subdivision Certificate can be issued.
An application for a Subdivision Certificate is required whether or not the subdivision involves building or infrastructure works. If a subdivision does involve works, a Construction Certificate is also required prior to the commencement of the works.
If you are proposing to lodge a Subdivision Certificate application with Council, please follow the sequence of Subdivision Certificate events detailed in the following 5 stages below.
Stage 1 - Lodgement
When should you submit your application for a Subdivision Certificate?
You can make application for a Subdivision Certificate at the same time or at any time after the Development Application for the subdivision has been made. Please note, however, that the Subdivision Certificate cannot be determined until the Development Application has been approved and all conditions of the development consent have been complied with.
As changes may be required to the survey plans to comply with the requirements of the development consent, it is recommended that the Subdivision Certificate Application be lodged after the approval of the Development Application.
Before lodgement, it is strongly recommended that you read the Subdivision Certificate Preparation and Lodgement Guide. Your application must be submitted on the Subdivision Certificate Application Form and be accompanied by the relevant Subdivision Certificate Checklist (i.e. Community & Strata Title Checklist or Torrens Title Checklist). The above documents are located below:
These documents must be submitted along with any other required documentation listed in the relevant Subdivision Certificate Checklist and Subdivision Certificate Preparation and Lodgement Guide. You are encouraged to personally lodge your application so Council can check it to ensure that all of the necessary information has been provided. A fee quote can be obtained from Council prior to lodgement and applicable fees must accompany your application.
Stage 2 - Assessment
Your Subdivision Certificate application (and associated documentation) will be referred to specific sections within Council who are responsible for assessing certain aspects of the application including its compliance with any relevant conditions of your development consent. Once confirmation has been received from each of these sections the application will be determined.
You will be advised if further information is required prior to determination of the Subdivision Certificate
Stage 3 - Prior to Issue of Subdivision Certificate
If applicable to your application, the following items are required prior to issue of a Subdivision Certificate. You can submit the information at any time prior to determination to prevent delay in the issuing of your approval.
Section 94 Contributions
Section 94 contributions will be identified in the Development Consent for certain proposals. These are required to be pair prior to release of the Subdivision Certificate. For additional information on these contributions please see the Contribution Plans section of this webpage.
Compliance with Conditions of Consent
It is important to carefully read your development consent documentation and ensure that all required conditions (including any Deferred Commencement Consent matters) have been met prior to you lodging your subdivision certificate application with Council. Council will not issue the Subdivision Certificate until these specific conditions have been satisfied.
These conditions include any that are identified under the heading 'Prior to the release of the Subdivision Certificate' on the notice of consent. The conditions will specify the matters that are required to be addressed or the information that is required to be lodged.
A Statement of Compliance is a written document listing these conditions and including a statement of how each condition has been complied with. This statement must be submitted with all Subdivision Certificate applications (refer to the Subdivision Certificate Preparation and Lodgement Guide and the relevant Subdivision Certificate Checklists for further information).
Note: As per the EPA Regulation 2000 (Division 4 section 157) - evidence that the applicant has complied with all conditions of consent that are required to be complied with before a subdivision certificate can be issued is to be supplied with the application for subdivision.
Stage 4 - Determination and Issue
If approved, the subdivision plans will be prepared for signature and will then be signed by an authorised Council officer. The signed survey plans will then be made available for collection by the applicant. Council will then contact you (the applicant) and you will be required to collect and sign for the plans at Council's customer service centre.
Stage 5 - Registration
Once the applicant has collected the certified survey plans from Council, it is their responsibility to lodge the plans with Land and Property Management Authority for registration of title. Alternatively, the applicant may engage the services of their solicitor to perform this task.
The Land and Property Management Authority will notify you of the registration of the subdivision. The Land and Property Management Authority will also notify Council of the registration so that Council's records can be updated accordingly.