Subdivisions

This advice is to help you prepare applications for subdivision, boundary changes or consolidation of land.

Subdivision is dividing a property into smaller lots that can be sold separately. You can also apply to realign or change the title boundary or consolidate land.

Can you subdivide

Before applying to subdivide, ensure that subdivision is possible (check your land’s zone in the Nillumbik Planning Scheme). To find out the zoning of your property create a VicPlan planning property report.

Talk to us first

Planning subdivision controls are complex. Make sure you confirm application and information requirements with Planning Services on 9433 3343 before applying.

Request a free pre-application meeting

If you know you need a planning permit, we can help you to make sure that your application is complete and ready for assessment. Book a free meeting with one of our planners to ensure your application:

• addresses key issues in your proposal 
• has the information required 
• meets information quality standards.

Book a pre-application meeting.

Understand the process

There are four steps in the subdivision process:

1. Planning permission for the proposed subdivision.
2. Certification of the plan of subdivision.
3. Statement of Compliance for the plan of subdivision.
4. New titles for each lot issued by Land Victoria.

Preparing to apply for a permit to subdivide

You will need to engage a licensed land surveyor to draw up plans. To find out what you need to include in your application to subdivide go to subdivide land, boundary re-alignment or consolidation planning application checklist (14P).

For all land in urban zones, it is preferred that you get planning approval to develop land before applying to subdivide your land. This allows us to consider all development matters in the planning process. Some exceptions may apply to larger subdivisions (of 10+ lots) on urban zoned land.

Rural areas and minimum lot sizes

For all land within rural zones, subdivision may not be allowed if each proposed lot is smaller than the minimum lot size.

Minimum lot sizes are:

• 1 hectare for Rural Conservation Zone (Schedule 1)
• 2 hectares for Rural Conservation Zone (Schedule 2)
• 8 hectares for Rural Conservation Zone (Schedule 3)
• 40 hectares for Rural Conservation Zone (Schedules 4 and 5)
• 40 hectares for Green Wedge Zone

Planning applications relating to rural land must also have regard to Clause 14.01-L of the Planning Scheme. It sets out the policy for subdivision in Green Wedge Areas. 

This policy guides our decision making.

Development plans

Land that is covered by a Development Plan Overlay in the Nillumbik Planning Scheme has an approved ‘development plan’ which sets out broad strategies, layouts, and subdivision requirements.

Subdivisions proposed within these locations (parts of Diamond Creek and Plenty) must meet requirements of the approved development plan. Ask us for the plan relevant to your property - contact Planning Services on 9433 3343.

Certified plan of subdivision explained

A plan of subdivision shows the proposed lots, size, area and any easements required. It must be prepared and lodged by a licensed land surveyor.

We refer the certification application to relevant referral and servicing authorities (that manage roads, sewerage, utilities etc). They have 28 days to respond with conditions for the application. 

We cannot certify your plans until a planning permit has been issued for the subdivision and pre-certification requirements are met. The two processes can run concurrently.

Statement of Compliance

To obtain a Statement of Compliance, referral authorities must advise us in writing that all of their conditions have been met. Any other conditions on your planning permit must be met before a Statement of Compliance can be issued.

We issue the Statement of Compliance. You (or your surveyor or solicitor) then lodge it at Land Victoria with the certified plan and relevant documents. Land Victoria will then create individual titles for the lots in your subdivision.

Section 173 Agreements

Your planning permit to subdivide may require you to enter into a Section 173 Agreement. An agreement provides additional planning controls where a condition on a permit or Planning Scheme controls is insufficient. Read our Section 173 agreements planning advice.

Development contributions

Land covered by a Development Plan Overlay must make a development contribution for each new lot created. This levy is adjusted each financial year and goes towards the future provision of works, services and facilities. Development plan overlays are listed in Nillumbik Planning Scheme: incorporated documents.

The contribution must be paid by the developer before the Statement of Compliance for the plan of subdivision can be issued. 

Public open space contributions

For some subdivision proposals you may be required to contribute to the provision of open space such as public parks, playgrounds and reserves. This applies if the proposal is to subdivide land into three or more lots, or two or more if any lot could be further subdivided in the future.

You will be required to pay to Council a percentage of the site value not exceeding 5%, or set aside up to 5% of the land on the plan of subdivision for public open space, or a combination of both. Land within the Development Plan Overlay (Schedule 4) is required to contribute 7.9% of the site value.

Other approvals

You application will will need to satisfy the requirements of our teams including:

• Infrastructure Development (for roads, vehicle crossings and drainage)
• Building Services
• Environmental Health (for septic tanks and effluent disposal where relevant) 
• Community Safety (where relevant).