Are you looking at dividing a block of land, but are not sure where to start?
We’ve listed out five easy steps you can take in land and community division.
Step 1 – Decide if Property Subdivision is Right for You
Here are just a few of the things we advise our clients to consider as they weigh up whether property subdivision is right for them:
- Significant trees
- Any heritage listings
- The level of the land
- Aspect of the land (which way will the houses face)
- Services (water, sewage, electricity, drainage etc.) – identify potential issues/costs with your surveyor
- Medium house prices and recent sales in the area
- Potential resale value (engage a valuer)
- Popularity of the suburb
- Neighbouring Houses
- Overshadowing neighbour’s houses
Step 2 – Check with Council
Prepare a simple plan of how you wish to divide the land and contact your local Council to check that it is in-line with their division requirements. The Council should be able to give you an idea if they are likely to approve the division or not before you proceed too far into the process.
At this point, you will also need to decide how you will divide the land. You have two options: Torrens Title subdivision and Community subdivision.
Torrens Title Subdivision
Torrens Title subdivision is where you divide one allotment into two or more separate Torrens Titles. This approach gives the owner complete ownership of their land, which means there will be no common property and no corporation rules and regulations to follow.
Community subdivision is where you divide one allotment into two or more separate Community Titles. This approach means some common land is shared by the owners within a community corporation.
Step 3 – Appoint a Surveyor
Your surveyor will prepare the Development Application form and lodge it with the Development Assessment Commission (DAC) for approval. They will carry out all the necessary surveys to identify boundaries and easements and prepare a fully certified Land/Community Division Plan to lodge at the Lands Titles Office.
Step 4 – The Development Assessment Process
Your division application will be forwarded by your surveyor to Council, SA Water and any other Government body which may need to be consulted for their approval. Your surveyor will monitor the progress of the Application closely and advise you when fees are to be paid or if any conditions of approval are advised. Once the DAC, Council and SA Water’s conditions (if any) are satisfied, the DAC will issue the final Land/Community Division Certificate of Approval to the surveyor.
Step 5 – Conveyancing for Divisions
This is where we come in, if you have not already done so, you will need to appoint a conveyancer. Your surveyor will forward the DAC approval along with a copy of the division plan to your conveyancer who will prepare the necessary paperwork and arrange the relevant consents to have your Land/Community Division examined and deposited with the Lands Titles Office, this then finalises the transaction.
We hope that these helpful tips contribute towards making your subdivision project a pain-free experience – good luck! For more information on the above process please contact our team of experienced conveyancers.