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Writer's pictureSwarup Dutta

4 steps to subdivision- How to subdivide your backyard.

Updated: Dec 30, 2024



Subdivide your backyard

  1. A planning permit for the subdivision is granted under the provisions of the local governments Planning Scheme ( the planning “rules”). (In a typical suburban backyard subdivision the development consent is required for the proposed dwelling to show compliance with planning controls like Rescode. Floor plans, elevations, shadow diagrams  or building layout is  required.


  2. Council certifies the plan of subdivision, which approves the subdivision under the Subdivision Act. A fee is paid  for a simple two  lot subdivision.


  3. Thereafter the Applicant  must meet the Subdivision Permit conditions which includes  connecting the services like sewer, water, electricity, NBN etc).  On completion of these works Council issues a Statement of Compliance (SoC). In some instances these works can be deferred by way of a Section 173 Agreement.


  4. Your conveyancer or representative can then  lodge the SoC and Plan of Subdivision documents with Land Victoria which allows new lots to be issued for each lot created under the subdivision.




    In the image shown above the workflow went as follows:


    The owner wished to sell the disused backyard to his daughter. We designed the new house which would occupy the backyard ensuring it met Council planning controls like Rescode.


    The development application had the house plans, elevations, shadow diagrams and other drawings and a planning report.


    We also lodged a basic Subdivision plan.


    Council issued a Planning Permit for the proposed house after the application was advertised and granted a subdivision permit for the new lots with a common (shared driveway).


    The owner connected all services (eg sewer, water, power, NBN etc ) to the new lot (in the backyard) and lodged the Certificate of Compliance and the Plan of Subdivision drawn by a Registered surveyor with the Land Titles office. The Titles Office issued the new registered lots but this process took over 12 months.

    ( Note: the contractors issued Certificates to show the services were connected. Thereafter, Council issued a Certificate of Compliance after all services were connected)


    Once the new lots were formally Registered the daughter could formally borrow from the bank and buy the new lot to build her new home.


    The subdivision process took about 2 plus years and subdivision cost around $40K then.


    The cost to build the new home was on top of the subdivision costs.






  1. Surveyor Plan of Subdivision document



    Plan of subdivision for the 4 step subdivision
    Plan of Subdivision drawn by the Registered Surveyor.


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