Within the property realm, a subdivision can be quite a confusing process. Subdivision can be defined as the division of one lot into two or more lots – and/or the amalgamation of several lots into one.

The subdivision process is lengthy and involves a number of complex steps. Read below for a guide of the components and expectations of those submitting a subdivision application.

 

The Subdivision Process

In Western Australia, initially, the owner of the land or a selected licensed land surveyor must submit a subdivision application to the Western Australian Planning Commission for consideration. Once the WAPC makes their recommendations, conditions will be added to the application before it is returned to the land owner.

The WAPC’s conditions will then need to be taken into consideration by the owner – and usually, various types of works, maintenance or otherwise, will be carried out on the property. Once completed, a subdivision clearance application will need to be submitted to all relevant government agencies and utility providers.

Once the agencies and providers have approved the application, the applicant is required to submit the clearance back to the WAPC for final approval. From there, your land may be subdivided according to the conditions agreed upon by all parties involved in the subdivision process. You will, finally, receive a clearance letter along with a stamped and signed plan of survey for you to make future developments.

Key Terms

As to be expected, with a complex review process comes a few pieces of complex terminology. Read on for an insight into four particularly pertinent terms when it comes to the subdivision process.

 

Zoning

Within the process, the town or suburb’s zone code will dictate what can and cannot be developed on a plot of land. The zoning of properties can change over time for a number of different reasons and is determined by the town or city council in which the property is located.

 

Covenants

Subdivision covenants are also known as restrictive covenants – and are most commonly applicable to residential subdivisions. They are presented as a form of contractual agreement that outlines the ways in which land can be used or developed, with the objective to maintain the quality of a subdivision.

 

Boundaries

Boundary adjustment refers to the reorganisation or realignment of existing title boundaries whilst maintaining the original number of titles. These adjustments are most commonly performed to rectify encroachments or misuses by buildings or fencing.

 

Whilst the subdivision process may be complex, choosing the right settlement agent doesn’t have to be. With over 80 years of combined experience, C&R Law are a team of passionate and dedicated Perth title insurance lawyers, settlement agents and conveyancers – and are sure to assist you on every step in your settlement journey. Call us today on (08) 6160 6470 to enquire.

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