Are you subdividing a property and/or selling off the Plan

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With more than 35 years experience as a conveyancer and specialising in the subdivision space, we can assist with all of your needs to ensure the smooth registration of your Plan of Subdivision.

In conjunction with your appointed Land Surveyor, we will assist with all aspects including preparing the appropriate  Subdivision Application Forms and allocating Unit numbering.  We will also be able to follow the process until your Surveyor undertakes a final survey in readiness for submission to Council for certification.

We will establish a rapport with your lender who is financing your development.  Your lender may require intermittent reporting or evidence of deposits held.  They will also need to provide the Title and consent to the subdivision, which is a task we will arrange.  The settlement process will be smooth with an agreement as to payouts for each lot so that you receive surplus of funds at settlement of each sale.

 SPEAR is an online system that allows subdivision planning permits, certification applications and other land administration dealings to be compiled, lodged, managed, referred, approved and tracked online. Complete end to end workflows are built into SPEAR allowing applications to be lodged online with Land Use Victoria for registration.  We are a member of SPEAR and can monitor progress and obtain minute by minute updates through our online SPEAR registration.

If the property you are developing includes Common Property, an Owners Corporation will be active as soon as the Plan of Subdivision in registered.  We can prepare "Additional Owners Corporation Rules" if required, as well as assist with appointing an Owners Corporation Manager, lot entitlements and liabilities and Strata Insurance.

Often in a large development, you may be required to install an electricity substation which will trigger a "substation lease" with the electricity provider.  The lease will need to be executed by the owner of the property and consented to by your lender.  We can manage this process for you to ensure there is no delay to the registering of the Plan of Subdivision.

There may be a situation whereby you will have to enter into an Agreement with the relevant Council to guarantee your performance under the Planning Permit.  For example, to ensure you construct the development in accordance with the Planning Permit, or receive a Statement of Compliance for the Subdivision before the development is completed.  This is called a Section 173 Agreement and will be required to be registered on your Title.  We can manage the preparation, signing and lodging of the Section 173 Agreement on your behalf.

Pursuant to the Section 9AC of the Sale of Land Act: 

• if changes are made to a proposed plan of subdivision after a contract is entered into and before it is registered, the developer must notify the purchaser within 14 days of making the amendment (commonly called a ‘section 9AC notice’); and
• a purchaser may rescind its contract within 14 days after receiving the section 9AC notice if the amendment “will materially affect the lot to which the contract relates”.

We will ensure the Purchasers are frequently updated with any changes to the Plan of Subdivision, regardless of whether they are materially affected or not, to minimise any possibility for a Contract to be rescinded.

Developing and Subdividing property incurs fees with various government authorities, some examples of which are:

• Council Application Fees;
• Public Open Space Contributions;
• Development Contributions;
• Parking Contributions;
• Street Tree Removal Fees

Some or all of the above fees may apply to your development.  In particular, the Public Open Space Contribution will be required to be paid prior to the Council  issuing the Statement of Compliance.  The Contribution is calculated as a percentage of  site value and in most situations, the rate is determined by the Council's Planning Scheme.