Subdivision

There are separate fees for the:

• subdivision planning permit application, and
• certification application (for creating new titles).

View Planning Fees and Charges

• A licensed land surveyor prepares and manages subdivision applications on the landowners' behalf.
• They usually lodge applications using the online SPEAR system.

• Planning applications to subdivide land into two lots are eligible for the VicSmart process, with assessment completed in 10 business days.
• For checklists and requirements, see Department of Transport and Planning (DTP): VicSmart permits website.
• If eligible, you must provide the information listed in Clause 59.02 or 59.11 of the Greater Dandenong Planning Scheme:
  • 59.02 SUBDIVISION OF BUILDINGS AND CAR PARKING SPACES Greater Dandenong Planning Scheme - Ordinance
  • 59.11 TWO LOT RESIDENTIAL SUBDIVISION Greater Dandenong Planning Scheme - Ordinance

Engage a Licensed Land Surveyor

• Find a registered surveyor through professional bodies such as:
  • Surveyors Registration Board of Victoria
  • Association of Consulting Surveyors Victoria.
•  The surveyor prepares the plan and handles the application processes.

Apply for a Planning Permit

• The surveyor lodges the application online through SPEAR.
• They act as the applicant and communicate with Council.

Council Assessment and Referrals

• Council assesses the application.
• It is referred to relevant service authorities (such as water, energy, gas, roads) and internal Council departments (such as Engineering, Valuations and Rates).
• Service authorities may require conditions to be placed on a permit. Their consent is required before approval.

Advertising and decision

• Council considers referral comments.
• The application may require advertising to nearby property owners (fees apply).
• If approved, a subdivision planning permit is granted.

Certification of the plan

• After the permit is issued and all conditions are met: 
  • the surveyor applies for certification of the plan - the certified plan is valid for five years.
• A Statement of Compliance (SOC) must be issued within five years - if the plan is not registered at the Titles Office within that time, the plan expires.

Statement of Compliance (SOC)

• A Statement of Compliance (SOC) is the final part of the subdivision process. Council issues a SOC once: 
  • all planning permit conditions are satisfied
  • Public Open Space Contribution is paid (if applicable)
  • a compliance inspection is successfully completed.

Lodgement with Land Use Victoria (LUV)

• The surveyor lodges the certified plan and SOC with LUV.

Title Registration

• New Certificates of Title are issued for the subdivided lots, completing the process.

• When no Section 173 Agreement exists, a final inspection is required to confirm compliance with the development permit.
• These inspections are separate to any inspections to be undertaken by Council’s Building, Civil Development, or Asset Protection teams, or by a Private Building Surveyor.
• Inspection options: 
  • an on-site inspection undertaken by Council officers (fee applies), or
  • a photo-based assessment (all photos must be labelled) submitted to Council showing:
    • internal and external images of dwellings
    • obscured glazed windows
    • secluded private open space and common property areas
    • additional images may be requested if initial submission is incomplete.
• The surveyor can contact Council’s Subdivision team for further information about inspections.

• Most subdivisions must make a Public Open Space (POS) contribution, except for some two-lot subdivisions which are unlikely to be further subdivided.
• A valuation determines the contribution amount (Note: The valuation is not based on Council rates).
• The POS invoice is valid for 12 months only. If unpaid after 12 months, a revaluation is required which may impact the contribution amount to be paid.

• A Section 173 Agreement is a legal contract under the Planning and Environment Act 1987, usually between Council and the landowner (in some cases, a third party such as a referral authority may also be involved).
• Often used to allow subdivision before development is complete.
• The applicant pays preparation costs. Council prefers it's solicitors be engaged. The surveyor can contact Council’s Subdivision team for details.