Subdivisions

 

Definition

Subdivision means dividing one piece of land into smaller lots or joining two or more lots together to make one larger lot.

Types of subdivision

There are three main types of subdivision. Each type gives owners different rights and responsibilities.

Green Title Subdivision - Land is divided into separate lots. Each lot has its own title and there is no shared property or strata company. The owner has full ownership of their land and any buildings on it.

Survey Strata Subdivision - Land is divided into lots that may include shared areas, such as driveways or gardens. Owners have their own lot and may also share responsibility for looking after common areas.

Strata Subdivision, also called Built Strata - This usually applies to apartments, units, duplexes or similar developments. Each owner owns their own lot. Shared areas, such as driveways, accessways or common facilities, are owned and managed by all owners through a strata company.

Subdivision requirements

Whether land can be subdivided depends on several things, including the size of the property, its R-Code, state and local planning requirements, and the physical features of the land, such as its shape and any existing buildings. These requirements help make sure subdivision supports good planning outcomes and sustainable growth in the community.

Key factors for residential subdivision include:

Land size and R-Code: Your zoning and R-Code help determine whether subdivision may be possible. For information on zoning, visit our Zoning Information page.

State planning: Subdivision must meet the Residential Design Codes and other relevant state planning requirements.

Key factors for non-residential subdivision included:

Compliance with Structure Plans: If a structure plan applies to your area, it will guide how land can be subdivided. For more information of structure plans, visit our Structure Plans page.

Development potential: New lots need to be suitable for their intended use. This includes having enough space for buildings, access, parking, landscaping and other required services or facilities.

Subdivision applications

The Western Australian Planning Commission, or WAPC, is responsible for deciding subdivision applications in Western Australia. This includes freehold, vacant, survey strata subdivisions and community schemes under Part 10 of the Planning and Development Act 2005.

Subdivision applications (unlike development applications) essentially involve a two-step application process:

Step one: An initial application (Form 1A) seeking approval from the WAPC.

  • First, the landowner, or someone acting for the landowner, submits a Form 1A subdivision application to the WAPC.
  • The Department assesses the application for the WAPC. As part of this process, the application may be sent to the Shire, service providers and other government agencies for comment.
  • These agencies usually have 42 days to provide advice, unless more time is agreed.
  • After considering the information provided, the Department makes a recommendation to the WAPC.
  • The WAPC then decides whether to approve the application, approve it with conditions, or refuse it.
  • If subdivision approval is granted, it is usually valid for three years. If the proposal creates more than five lots, not including common property, it is usually valid for four years.

Step two: A second application (Form 1C) involves seeking final endorsement from the WAPC.

  • If the approval includes conditions, the applicant must complete the required work and provide evidence that each condition has been met.
  • The WAPC, or the agency responsible for the condition, checks that the conditions have been satisfied. If everything is complete, the WAPC may endorse the subdivision plan. This allows new certificates of title to be issued by the Registrar of Titles.

For details on subdivision forms, fees, guides and general information see:
Planning subdivision fees and forms (www.wa.gov.au)

What is the Shire's involvement?

The Shire of Dardanup does not decide subdivision applications. The WAPC makes the decision. The Shire provides advice and recommended conditions to the WAPC based on local and state planning requirements.

For detailed advice, you should consider speaking with a licensed land surveyor or professional planning consultant. They can provide advice specific to your land and proposal.

Some WAPC conditions must be cleared by another agency, such as Western Power, Water Corporation or the Shire of Dardanup.

If a condition says it must be cleared by the “Local Government”, the applicant must apply to the Shire for subdivision clearance and provide evidence that the condition has been met.

Subdivision clearances

Once you have met the relevant conditions, you can apply to the Shire for subdivision clearance. This is how the Shire confirms that “Local Government” conditions in the WAPC approval have been satisfied. For application requirements, see the Subdivision Clearance Information Sheet.

Important note: Complete all works needed to meet the subdivision approval conditions before you submit your clearance application. This may include works such as modifying an existing dwelling or constructing car bays. If works are not complete, the application may be rejected or delayed.

You will need to submit the following documents to the Shire:

  • Subdivision Clearance Application Form
  • Application Fee
  • Diagram or Plan of Survey (deposited / strata plan)
  • WAPC Subdivision Approval
  • Staging Plan (if applicable)
  • Appendices (copies of undertakings, statutory declarations, and any other supporting information)

Subdivision clearance application fees

Subdivision clearance fees are set by the Planning and Development Regulations 2009 and are as follows:

Up to 5 lots $73.00 per lot
6 lots to 195 lots $73.00 per lot for the first 5 lots and then $35.00 per lot
More than 195 lots $7,393.00

Related Information:

Subdivision Clearance Information Sheet

Subdivision Clearance Application Form

Model Subdivision Conditions Schedule