Most subdivision requires development consent under the Environmental Planning and Assessment Act 1979 (the EP&A Act), except where it may be permitted as Exempt Development or Complying Development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
What is a Subdivision Certificate?
A Subdivision Certificate is a certificate which:
- Certifies that the plan of subdivision has been completed in accordance with the relevant development consent or complying development certificate (CDC), in the case of complying development; and
- Authorises the registration of the plan of subdivision for lodgement with the NSW Land and Property Information.
Generally, a plan of subdivision cannot be registered unless it has a Subdivision Certificate, even if development consent is not required.
The role of the Certifying Authority
A Subdivision Certificate is issued by the relevant certifying authority (most commonly the council) in the following instances:
- A consent authority - where subdivision has development consent;
- The council - where the subdivision either does not need development consent (exempt development) or where the council is itself the consent authority;
- The Crown or prescribed person (or any person acting on their behalf) – where the subdivision is carried out by or on behalf of the Crown or prescribed person; or
- An accredited certifier – where the subdivision is identified in an Environmental Planning Instrument as one which may be authorised by an accredited certifier or for subdivision which involves subdivision works (refer to Section 6.5(3) of the EP&A Act).
Before a Subdivision Certificate is issued, the relevant certifying authority must be satisfied that the matters specified in Section 6.15 of the Environmental Planning and Assessment Act 1979 have been addressed.
Preparing a Subdivision Certificate application
An application for a Subdivision Certificate may only be made by the owner of the land or any other person with the consent (in writing) of the land owner.
You may generally expect to require the following documentation with an application for a Subdivision Certificate:
- A plan of subdivision;
- A copy of the relevant development consent (if a development application was lodged) or a CDC (if permitted under Complying Development),
- A copy of any relevant construction certificate (if required),
- A copy of detailed subdivision engineering plans,
- Evidence that the applicant has complied with all conditions of the development consent or CDC that must be satisfied before a subdivision certificate can be issued,
- Anything else specified in Clause 157(2) of the Environmental Planning and Assessment Regulations 2000.