Subdivision of land

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Boundary adjustments 

Some boundary adjustments or realignment of boundaries can be undertaken as exempt development, meaning development consent is not required providing specific criteria is met.  

Requirements:

  • Not be carried out on land on which a heritage or draft heritage item is located
  • Will not create additional lots or increase the number of lots on which a dwelling could be built  
  •  Will not result in a lot smaller than that specified in the Armidale Regional LEP
  • Will not adversely affect the servicing of the lot
  • Will not increase the risk of fire to existing buildings 'If it is located in the RU1 Primary Production, RU4 Primary Production Small Lots, C3 Environmental Management or C4 Environmental Living zone, it will not result in more than a minor change in the area of the lot, and  

  • If it is located in any other zone – will not result in a change of the area of any lot bt more than 10% 

Even though development consent may not be required, you are still required to lodge a subdivision certificate with council, prior to registering the subdivision with the NSW Lands Title Office. Fore more information on exempt subdivisions visit the NSW Legislation website. Subdivision certificates need to be lodged on the NSW planning portal. 

Subdivision works Certificate (SWC) 

Depending on the subdivision, and the requirement for infrastructure works, a subdivision works certificate may be required. An application for a SWC is made on the NSW Planning Portal.  

Subdivision Certificate (SC) 

A subdivision certificate is required to finalise the subdivision allowing the subdivision to be registered with the Land titles office. An application for a subdivision certificate must be made on the NSW Planning Portal and ensure that all the conditions of consent have been met.  

Developer Servicing contributions 

When creating a new lot and connecting to councils water and sewer infrastructure, It is likely developer contributions will apply.  Under section 306 of the Water Management Act 2000, Council as the Water Supply Authority can collect contributions on developments that create a demand on their water and sewer infrastructure. Developer servicing charges can be found in Council's fees and charges and if applicable will be due for payment prior to the issue of a subdivision certificate 

Section 68 – connection to sewer and water  

When creating an additional lot through the subdivision of land, a section 68 application will generally be required for the a new water, sewer and stormwater connection, depending on the existing level of infrastructure servicing. The application for a section 68 to connect to councils’ infrastructure can be lodged through the NSW planning portal.

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