Steps involved in subdividing your property

STEP 1 - Submission of a Development Application (DA)
All subdivisions require approval from Council. This process starts with submission of a DA. The DA application form outlines what supporting documentation you’re required to provide at the time of lodgement.

The supporting documentation may involve plans, reports and statements which address constraints on the land. Fess are applicable to this application and a fee estimate can be obtained from Council by calling 4227 7500.

Once the application is lodged it’s assigned a DA number. The application is then placed on public exhibition and submissions from the general public are received.

If any valid objections are received during the exhibition period it will be up to the applicant to address them during Council’s assessment of the application. Council officers will then assess the proposed subdivision. A decision will then be made to either approve the application with conditions or refuse the application.

STEP 2 - Construction Certificate
Either Council or a private certifier can issue a Construction Certificate. If using Council, the applicant must submit a completed Construction Certificate application form, along with the appropriate fees.

Construction Certificate applications must address all relevant conditions of the development consent. Plans detailing construction works involved must be submitted with the Construction Certificate application for approval.

Once the application has been assessed and found to be acceptable, a Construction Certificate and a set of stamped plans will be returned to the applicant.

If there’s no mention of a Construction Certificate being required in the Development Consent conditions then the applicant may lodge a Subdivision Certificate application after receiving Development Consent (See step 4).

STEP 3 - Construction works
Once the Construction Certificate approval is issued, the applicant must submit a “Notice of Commencement of Subdivision Works and Appointment of Principal Certifying Authority (PCA) for Subdivision Works” form to Council at least two days prior to commencing work.

There is no charge to submit the form, however failure to submit the form prior to works commencing may incur a monetary penalty.

The form requires the applicant to nominate an authority to carry out inspections to ensure compliance with the approved Construction Certificate drawings.

The authority can either be Council or a Private Certifier. If Council is nominated a fee for these inspections will be charged in accordance with Council’s adopted fees and charges.

Please note if a private certifier is used, a Compliance Certificate from that certifier must be obtained and submitted with the Subdivision Certificate application.

In addition to the inspections mentioned above, the applicant must appoint (at your own expense) either, a suitably qualified civil engineer, registered surveyor or experienced engineering foreman to supervise the works.

Council will also require an approved contractor (a list of contractors is available from Council on Level 6) to construct works in Council’s road reserve.

STEP 4 - Subdivision Certificate
This is the final Council approval of the subdivision process.

A completed Subdivision Certificate application form must be submitted to Council with the appropriate fees.

Before issuing the Subdivision Certificate, Council requires all development consent conditions to be addressed, all Construction Certificate approved works to be completed and all Compliance Certificates from certifiers to be submitted.

A registered surveyor must prepare the final plan of subdivision and 88B instrument. This plan will be signed by Council and returned to the applicant.

STEP 5 - Registration of Plans
Upon receipt of signed final plan of subdivision and the 88b instrument, the applicant must submit the documentation to Land and Property Information NSW for registration. Fees will apply. It is advisable to contact a registered surveyor for further information.
 
Council recommends using the services of a consulting planner, engineer or registered land surveyor (see Yellow Pages) to prepare DAs, Construction Certificate applications and Subdivision Certificate applications due to their expertise in the subdivision process.