Subdivision

Types of Subdivision

Torrens Title Subdivision

A torrens title subdivision involves the creation of new allotments from an existing allotment. To find out whether you can subdivide a site, you must refer to Part 4 of Forbes Local Environment Plan (LEP) 2013 and view the lot size maps.

To obtain approval for a Torrens title subdivision, a development application (DA) is required to be lodged with Council. If approved, and if the subdivision includes engineering works such as earthworks, right of carriageways, roads, footpaths, water quality, control ponds and drainage works, you will be required to lodge a subdivision construction certificate. Finally, a subdivision certificate will be required to be lodged with Council.

Strata Title Subdivision

A strata subdivision is most commonly used within apartment buildings. This title gives individual ownership to small portions of a larger property and an undivided share to common property (e.g. gardens or driveways). Owners will become members of the body corporate, which controls maintenance.

Before you can register the strata title subdivision with the NSW Department of Lands, you must lodge a subdivision certificate with a D1 Accredited Certifier. A list of currently accredited certifiers is available on the Building Professionals Board website. 

Boundary Adjustments

A boundary adjustment is defined as the realignment of a lot boundary. A boundary adjustment may be Exempt Development, under SEPP (Exempt and Complying Development Code) 2008. If the adjustment does not create another allotment and each new allotment can be developed consistent with the LEP 2013. If not Exempt Development, a development application will be required.

Before you can register the boundary adjustment with the NSW Department of Lands, you must lodge a subdivision certificate with Council.

Site Consolidations

A site consolidation is the amalgamation of two or more lots into one lot.  A DA will be required. Before you can register the site consolidation with the NSW Department of Lands, you must lodge a subdivision certificate with Council.

Stratum Subdivision

A stratum subdivision is the vertical subdivision of sections of a building into separate titles. An example is the subdivision of a ground floor retail or commercial area from the above residential floors. Before you can register the stratum subdivision with the NSW Department of Lands, you must lodge a subdivision certificate with Council.