Subdivision and subdividing are words we’ve all heard before, but do you know exactly what’s going on? We’ve got all the important answers for you.
Subdividing a property or piece of land means splitting it into two or more separate properties for immediate sale, future sale, or building development. Many people choose to subdivide when they’re looking for an investment property.
Subdividing is completely legal, however there are rules and processes that need to be followed and the assistance of a conveyancer is required.
Regardless of where you live, zoning, boundaries, drainage and covenants or restrictions will need to be considered when subdividing a property.
The zoning on a piece of land will dictate what sort and size of building can be constructed there. For those subdividing with the intention of selling off a portion to a future builder, this will be one of the first things you’ll want to check.
At Crescent Conveyancers, we can assist you in navigating the zoning laws specific to your land and ensure that any subdivision is completely in line with the rules in your area.
Boundaries of the land you’re wanting to subdivide are also very important. Rules and regulations around boundaries will be different depending on your council. While some local councils will allow buildings to extend on to the boundary, others won’t.
If your local council does allow your building to occupy the boundary, it’s important to be aware that technically your neighbour will own that piece of your home. This means what could be the wall of your bedroom or living room, will double as their fence.
When land is being subdivided, essentially so is the drainage system. All homes must have their own drainage system, so finding out the nature of the drainage system you have, and how it would work in a subdivision is best done as soon as possible. Unfortunately, this isn’t a DIY project though. Only a qualified builder can determine the drainage capacity of a block of land, and their sign-off is essential – you can’t sell any land with intention for it to be a home site if it’s not properly drained.
Around Australia different housing estates have specific covenants (otherwise known as restrictions) which determine some aesthetic factors regarding homes within the area. Some common factors covered by covenants are the type of driveway material, house colour and sometimes the garden. By imposing these restrictions groups of houses look more uniform and have the same feel to them. If your property is in an estate, development or another area with covenants in place, it’s important to check with the developer how subdividing is handled and if it is allowed.
If you’re ready to get started on subdividing your property, the very first thing to do is contact your local council. The council will be able to advise you on the rules and regulations around zoning, area requirements, permits and compliances.
Once you’ve done this and you’re in the know about what will be required for your property to be subdivided, you can contact a licenced surveyor. They will be able to prepare a plan of subdivision for you. Depending on how complex the plan is, you may also need to engage the assistance of engineers.
Once these two steps are complete, you can contact Crescent Conveyancers. We will be able to handle all the intricate administration involved in your subdivision, including registering your new plan of subdivision or consolidating your existing one with the relevant authority. As subdivision conveyancers, we take care and a high level of attention to detail in preparing any documents for you, arranging for consent from interested parties and arranging for title to be made available for the all-important transfer of land.
Once your new certificates of title are issued, the process is complete; your land will have been successfully and completely legally subdivided.
For more information about subdivisions, or to get started today, contact the team at Crescent Conveyancers!