Do you want to subdivide your land? Follow this step-by-step process.
Note that you may be eligible to fast-track the subdivision process by completing a VicSmart application.
Step 1: Engage a land surveyor
Licensed land surveyors are the only people qualified to determine the location of your title boundary and create new title boundaries. Land surveyors also have access to SPEAR – the online system used by councils and all parties involved in planning and subdivision processes.
Most subdivisions require a Planning Permit - continue to Step 2.
Step 2: Apply for a Planning Permit
All subdivisions require a Plan of Subdivision prepared and signed by a licensed surveyor.
Your land surveyor must lodge the Planning Permit application via SPEAR, the online system, together with:
- your cover letter, outlining your proposal, including copies of relevant permits/plans
- Certificate of Title – a full, legible copy no more than 28 days' old
- any covenant(s) recorded on the title
- plan of the subdivision showing the proposed lot layout with easements - existing and proposed
- level and feature survey, showing existing site access, existing buildings and plans for their retention or removal
- owner’s corporation consent (if your application affects common property)
- non-refundable application fee.
If a development has not already been approved for the site, the following are also needed:
- A site and context description and design response – in accordance with Clause 56.01 of the Boroondara Planning Scheme (Residential Subdivision).
- An arborist's report on the site’s existing trees and any previously issued permits for tree removal under Boroondara’s Tree Protection Local Law.
- A written submission and 3-dimensional building envelopes showing how the subdivision addresses relevant policies, overlays, the mandatory minimum garden area requirement, and Neighbourhood Character Precinct Statements.
Assessing your application
When assessing your application, Council refers to the Boroondara Planning Scheme. Your application is also be referred to external servicing authorities, like Melbourne Water, to make sure the land can be serviced.
If we need more details, we'll ask your land surveyor for information via SPEAR within 28 days. We'll provide your land surveyor with a fair and reasonable deadline for submitting the extra information. Processing will be on hold until we receive it.
Make sure your land surveyor does not miss this deadline or your application will lapse. Then a whole new application must be started, and another fee paid.
Step 3: Apply for certification (to subdivide)
Once your Planning Permit has been approved, Council must process an application to certify the Plan of Subdivision. Your licensed land surveyor will lodge the application with Council online and pay the fee, together with:
- plan of the subdivision
- current copy of the title, together with any covenant recorded
- cover letter.
See the Department of Environment, Land, Water and Planning for more information on Council and referral authority fees.
Once approved by Council, the Certified Plan of Subdivision is valid for 5 years. It must be lodged with Land Use Victoria within 5 years, or it will expire.
See the Department of Environment, Land, Water and Planning website for information on fees for certifying a subdivision.
Step 4: Council issues a Statement of Compliance (for new certificates of title)
After all Planning Permit requirements have been met and the Plan of Subdivision has been certified, Council will issue a Statement of Compliance via SPEAR.
Solicitors apply for new title certificates on behalf of owners. Once processed by Land Use Victoria, they are forwarded to the solicitors (in cases of freehold property) or to the banks (of properties that are mortgaged).
Council is not involved in processing Certificate of Title requests.
We aim to respond to Planning Permit applications within 60 business days, as governed by the Planning and Environment Act 1987.
- Boroondara Planning Scheme
- VicPlan (to check if your land is in a special planning overlay)
- Boroondara’s Tree Protection Local Law
- Neighbourhood Character Precinct Statements