Subdivision

A permit is required to subdivide land or to create, alter or remove easements or restrictions.

Subdividing your property

In most cases, your plan for subdivision:

  • should be made after a planning permit has been issued
  • can proceed if you have 1 or more approved dwellings on your property.

Steps to subdivide

Step 1.Get a planning permit

If you already have an approved planning permit to build an additional dwelling, then you are good to go onto the next step.

If not, you may request pre-application advice before you complete a planning application.

Apply for planning permit advice

Step 2.Hire a land surveyor

You will need to hire a land surveyor to prepare your plan of subdivision.

Only registered land surveyors are qualified to determine the location of your title boundary and create new title boundaries.

We cannot recommend a land surveyor to you, but you can check on their registration status and credentials at the Surveyors Registration Board of Victoria.

Find a surveyor

Step 3.Submit your plan of subdivision

Your surveyor will lodge your plan of subdivision to Land Use Victoria on your behalf.

This Victorian Government agency acts as a central point to distribute your project details to us and all relevant service utilities.

We will collect responses from water, gas and electricity providers to inform our decision to certify your plan of subdivision.

Step 4.Assessment

Your surveyor will receive all progress updates, requests and decisions about your plan.

We will determine the outcome of your plan within 60 days.

This may be longer if a public notification was required and objections were received. 

Step 5.Understanding your conditions

If we issue a subdivision permit, it will have conditions that must be met before your subdivision can be completed.

Conditions typically involve additional consideration for easements, drainage and vehicle crossings, and can involve service utilities.

Step 6.Financial contributions and valuation

Most subdivisions are required to make a public open space contribution.

When you are ready to pay, you must request a land valuation certificate by emailing us at Subdivisions@banyule.vic.gov.au

We will provide you with an invoice to pay the fee when we send you the valuation certificate.

A development contribution is required if you build:

  • an additional dwelling
  • an additional building
  • an extension to an existing retail, commercial and industrial building.

Step 7.Certification and inspection

Your plan of subdivision can be certified once consent has been granted from all relevant service utilities.

We will visit your property for inspection once all on-site works are complete.

Step 8.Statement of compliance

We will issue a statement of compliance when we are satisfied that all conditions have been met and all contributions paid.

Step 9.Registration of titles

Your surveyor will arrange for Land Use Victoria to allow for the registration of new titles, a process we are not involved with.

Subdividing vacant land

Generally, we discourage subdividing vacant land as it is cheaper and far simpler to get a planning permit before subdividing land.

However, if you can demonstrate that a proposal can overcome any site constraints and lead to a development outcome similar to subdividing after obtaining a planning permit, then we may be willing to consider your plans.

Building envelope plan

A required condition will be to enter into a Section 173 Agreement that references a building envelope plan. This agreement requires planning approval at a later stage.

Additional requirements

  • An arborist report is required to assess the location of all on-site vegetation as well as on adjoining properties.
  • Existing on-site drainage assets and related easements must be considered with any plan, including stormwater detention systems for multi-dwelling development.

Agreements with service utilities

Any new vacant lot created as part of a subdivision must meet conditions for future water, sewerage, telecommunications, gas and electricity service.

This would require you entering into and managing agreements with each service authority.

Pre-application advice

You are welcome to seek out our advice. However, it is recommended that you hire a planning professional to assist with your plans for subdivision of vacant land.

Get pre-application advise

Reference material

If you're considering a development project, refer to the Banyule Planning Scheme and our Development Contributions Plan(PDF, 2MB) as some exemptions do apply.

The Victoria Government Department of Environment, Land, Water and Planning has extensive resources on plans and subdivision.

Contact

If you have any questions, contact the Development Planning Team on 9490 4222 or at Subdivisions@banyule.vic.gov.au

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