Subdividing a block in Western Australia starts with an approval from the Western Australian Planning Commission and ends with new certificates of title from Landgate. Between those two points sits a list of conditions you have to satisfy and it’s this part that takes the most time.
Why people subdivide
Usually to sell off part of a larger block, to cut down the land they have to maintain or to build a second residence. Some people build two new houses, keep one and sell the other.
Getting approval
The Western Australian Planning Commission approves all subdivision applications in the state. It refers your application to the local government and to any public body or private utility with an interest, for objections or recommendations.
The Commission can approve an application with conditions, approve it without conditions or refuse it. If it refuses the application or imposes conditions you can’t live with, you can apply to the State Administrative Tribunal for a review of the decision.
Satisfying the conditions
An approval isn’t the end. It’s a list of things that have to be done before new titles can issue, which is why a subdivision that looks approved can still be years away from finishing.
Once the work is done, the Commission endorses a plan or diagram that Landgate has certified as correct. It has to be satisfied that the plan matches the approval and that every condition has been met. Only then can you apply to Landgate for new certificates of title for the lots.
What it costs
Costs vary enormously with the site. The conditions are what drive them. A flat block with services at the boundary is a different exercise from one needing drainage works and a new crossover. Ask your surveyor what their charge covers and what you pay separately.
The usual items are:
- surveyor’s fees
- sewerage, drainage and plumbing works
- power connection
- driveways and crossovers
- tree removal
- fencing
- demolition
- legal costs for the application for new titles and registration of the plan
- government fees
Who does what
A surveyor handles the survey and the plan. That covers checking for restrictive covenants on the land, the site survey, the subdivision application, meeting the conditions, final pegging, drafting the plan and lodging it.
We handle the application for new titles and the registration of the plan once the conditions are met. See our work for property developers.
Frequently asked questions
Do I need council approval as well?
The Commission decides the application, not the council. It refers the application to your local government for comment. The conditions often include works the council administers.
Can I sell a lot before the new titles issue?
It’s possible and it needs care, because you’re selling something that doesn’t exist yet. Get advice, as you’ll need a specially drafted contract.
What happens if my application is refused?
You can apply to the State Administrative Tribunal for a review. The same applies if the approval carries conditions you think are unreasonable.
Talk to us about your subdivision
We act on subdivisions and new title applications and on the transactions that follow them, across Perth and Western Australia.
Call the settlements team on (08) 9220 4430 or download an itemised quote.
This article is general information and not legal advice. Every subdivision turns on its own facts.
