Subdividing Land

Published On: 30 August 2019
How do I subdivide my land?

This is a common question that we get from clients.

The Process

The process of subdividing land can be quite time-consuming, complex and expensive. Subdividing or land division includes the following:

  • The alteration of the boundaries of land,
  • The division of land into at least 2 or more allotments, and
  • Large scale developments containing numerous allotments.

Dividing land is a complex process and it is important that thorough research and proper preparation is made before you begin. A good place to start is with your Conveyancer, they can advise you who to contact for advice and help determine the planning and development requirements.

Your Conveyancer, along with your Surveyor, will draft plans, lodge all applications and necessary paperwork, manage the progress of the application and help explain the land division process.

Type of Property Title

When thinking about your land division you will need to consider the type of property title you wish to create.

These options include

  • Torrens
  • Community
  • Community Strata Title

Torrens Titles are held independently and there are generally no shared facilities.

Community Titles have an area of common property that typically includes service infrastructure or shared driveways.

Community Strata Title schemes must have at least one lot that exists above another and the lot boundaries are defined by reference to parts of the building. The structure itself forms part of the common property and the corporation has a responsibility to maintain it. By-laws are a compulsory document for all community land divisions as they set out the administration obligations and rules.

Factors that can affect the type of land division you decide to undertake include:

  • Development costs (water/sewer/fees/surveying/documentation)
  • Marketplace evaluation
  • Professional advice (Surveyor/real estate agent)
  • Size, design and nature of the development proposal
  • Character of locality
  • Development Plan requirements
How long does it take?

Due to the numerous agencies involved and the various processes the application must go through, it can take many months, sometimes even years.

How much does it cost?

Fees you may be required to pay include:

  • lodgement fees with SCAP (State Commission Assessment Panel),
  • Land Titles Office,
  • Surveyor,
  • Conveyancer,
  • Council,
  • SA Water
  • SA Power Networks.

For example, the cost of a simple division of creating 2 allotments is estimated around $25,000.

If you have a development in mind, talk to our team at Strathalbyn Conveyancing. We are an excellent resource to get you started and have a wealth of knowledge and experience to share.