Subdivision certificates

Randwick City Council - Subdivision

Obtain a subdivision certificate

Generally, a plan of subdivision cannot be registered unless it has a subdivision certificate. The NSW Land and Property Information website lists several exemptions to this (such as some boundary adjustments); however, the majority require a subdivision certificate even if development approval is not required.

Subdivision certificates for deposited plans of subdivision

In accordance with section 109J of the Environmental Planning and Assessment Act 1979, a subdivision certificate cannot be issued unless:

  • in the case of subdivision that may not be carried out except with development consent, a development consent (or, in the case of complying development, a complying development certificate) is in force with respect to the subdivision; and
  • in the case of subdivision for which a development consent has been granted, the applicant has complied with all conditions of the consent that, by its terms, are required to be complied with before a subdivision certificate may be issued; and
  • a Section 73 Compliance Certificate under the Sydney Water Act 1994 has been obtained from Sydney Water (if required); and
  • all other matters discussed in section 109J of the Environmental Planning and Assessment Act have been satisfied.

Subdivision certificates (for deposited plans of subdivision) cannot be issued by an accredited certifier. To apply for a subdivision certificate from Council, you will need to complete the Application for a Subdivision Certificate Form PDF, 81.82 KB.  You will also need to submit six (6) copies of the subdivision plans and supporting documentation.

Strata subdivision certificates 

Strata subdivision certificates may be issued by Council or an accredited certifier. Generally, a subdivision certificate cannot be issued unless:

  • there is a relevant development consent in force; and
  • all conditions of the development consent that, by its terms, are required to be complied with before a strata certificate may be issued have been complied with; and
  • a Section 73 Compliance Certificate under the Sydney Water Act 1994 has been obtained from Sydney Water (if required); and
  • a construction certificate has been issued with respect to the erection of any building containing any proposed lots to which the strata plan relates (for strata subdivision of new buildings); and
  • all other relevant matters discussed in Division 4 of the Strata Schemes (Freehold Development) Act 1973 (or Division 7 of the Strata Schemes (Leasehold Development) Act 1986) have been satisfied.

Note: If you are seeking to subdivide an existing building that does not meet current fire safety/building requirements, you may be required to upgrade your building prior to receiving a subdivision certificate.

To apply for a strata subdivision certificate from Council, you will need to complete the Application for a Subdivision Certificate Form PDF, 81.82 KB . You will also need to submit six (6) copies of the subdivision plans and supporting documentation.

Positive Covenants and Restrictions

Positive Covenants and Restrictions

Council may  (in association with a development consent) require the creation of  a positive covenant and/or restriction to be placed on the title of the subject property. These may be for various  purposes but most commonly they are required to ensure any stormwater detention, infiltration or pump-out  systems are mantained and function as per their intended design. 

  • If the site is being strata subdivided the positive covenant and/or restriction may be placed on the title via a 88B instrument accompanying the strata plan. The 88B instrument must be forwarded to Council for signing and in the case of stormwater management be accompanied by hydraulic certification and Work as Executed drainage plans
  • If however it is not intended to strata subdivide the property the restriction and/or positive covenant may be attached to the title of the property using forms 13RPA and 13PC  available from the Land and Property Information (LPI) website. Similarly, the forms are also to be submitted to Council for signing and in the case of stormwater management, accompanied by hydraulic certification and Work as Executed drainage plans.

NOTES:

  • Council's standard wording  for positive covenants and restrictions for the purposes of stormwater management only, may be obtained from Appendix D in Council's Private Stormwater Code PDF, 1668.16 KB.  Appropriate wording of positive covenants and restrictions for other purposes should be discussed  with Council.
  • A signing fee as per Council's schedule of fees and charges may be applicable

Register the plan with the NSW Land and Property Information

Once you have received development approval and obtained a subdivision certificate, you will need to register your approved subdivision plans at the NSW Land and Property Information.

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