Deposited Plans Prepared by a Registered Surveyor
Torrens Subdivision Subdivision
What Is a Torrens Title Subdivision?
A Torrens title subdivision is the process of dividing an existing parcel of land into two or more separate lots, each with its own individual certificate of title. The resulting lots are independently owned and can be sold, developed, or dealt with separately.
In New South Wales, the subdivision of land is classified as development under the Environmental Planning and Assessment Act 1979 (EP&A Act) and requires either development consent or a complying development certificate before it can proceed. A Registered Surveyor must prepare the plan of subdivision (known as a deposited plan) for lodgement and registration with LRS NSW.
When Do You Need a Torrens Title Subdivision?
A Torrens title subdivision is typically required when:
- A property developer is dividing land to create new residential or commercial lots for sale or further development.
- A homeowner is subdividing a large block to create an additional lot, often alongside a dual occupancy.
- An existing development spans multiple stages and requires progressive subdivision as each stage is completed.
- Council or an accredited certifier requires a subdivision as a condition of development consent.
The need for subdivision is often identified early in the planning process, during feasibility assessment or pre-DA consultation. A draft subdivision plan is typically required as part of the development application or complying development certificate application, making early engagement with a Registered Surveyor an important step.
The Process: Torrens Subdivision
The typical process for a Torrens title subdivision is outlined below, however, every project is unique, so the steps may vary.
1. Initial Enquiry and Scope
The process begins with a discussion about the project, including the number of proposed lots, any known council requirements, and the current stage of approvals. Land Logic Surveying will clarify the scope of work and provide a fee proposal tailored to the specific project.
2. Research and Preparation
Before any fieldwork, the registered surveyor undertakes extensive research to understand the existing title and any encumbrances on the land. This includes searching the current and historical records held by LRS NSW and other government bodies, reviewing easements and restrictions affecting the land.
3. Draft Subdivision Plan
A draft subdivision plan is prepared showing the proposed lot layout, proposed dimensions and areas. This plan is typically required to accompany a development application (DA) lodged with the local council, or a complying development certificate (CDC) application lodged with an accredited certifier.
4. Development Consent or Complying Development Certificate
Before a subdivision can be registered, approval must be obtained through one of two pathways:
Development Application (DA): Lodged with the local council for assessment against the relevant Local Environmental Plan (LEP), Development Control Plan (DCP), and any applicable State Environmental Planning Policies (SEPPs).
Complying Development Certificate (CDC): Available where the proposed subdivision meets the criteria set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP). A CDC is issued by an accredited certifier and can be a faster pathway where the subdivision meets the relevant standards.
5. Fieldwork
In practice, this is not always the standard order of events. Other survey work such as a detail and level survey or identification survey has typically already been carried out on the site, meaning the surveyor may already hold relevant field data and boundary information from earlier stages of the project. Additional fieldwork is always required as part of the preparation of a deposited plan, including locating and verifying existing survey marks and measuring the site to confirm its relationship to the title boundaries.
6. Plan Preparation and Quality Review
The deposited plan is prepared in accordance with the requirements of the Registrar General’s Guidelines and the Surveying and Spatial Information Regulation 2024. The plan includes a plan form showing the survey, lot boundaries, dimensions, areas, and any easements or encumbrances, along with an administration sheet containing the required certificates and endorsements.
The plan undergoes a thorough quality review before being signed by a Registered Land Surveyor. The survey certificate on the administration sheet confirms that the survey has been carried out in accordance with the relevant legislation and regulations.
7. Subdivision Certificate
Before the deposited plan can be lodged with Land Registry Services NSW, a subdivision certificate must be obtained. A subdivision certificate confirms that the plan is consistent with the development consent or complying development certificate and that all relevant conditions have been satisfied. It may be issued by the local council or by a registered certifier, depending on the nature of the subdivision.
The administration sheet must also be signed by all parties with an interest in the land affected by the plan. The specific requirements vary depending on the nature of the subdivision and the interests involved.
8. Lodgement and Registration
Once the subdivision certificate has been obtained, the deposited plan is lodged with LRS NSW for examination and registration. Upon registration, new certificates of title are created for each lot, and the subdivision becomes part of the public record.
Frequently Asked Questions
A draft subdivision plan is a preliminary layout showing the proposed lot configuration, dimensions, and areas. It is prepared for inclusion with a development application or complying development certificate application. A deposited plan is the final survey plan, prepared after approval and fieldwork, which is lodged and registered with LRS NSW to formally create the new lots and titles. The fieldwork and plan preparation stages are where the surveyor carries out the detailed survey work required to produce the deposited plan.
In most cases, yes. The subdivision of land is classified as development under the EP&A Act and requires either a development application (DA) approved by the local council or a complying development certificate (CDC) issued by an accredited certifier. The appropriate pathway depends on the nature of the subdivision and the applicable planning controls.
The subdivision process involves multiple stages, many of which are outside the developer’s direct control, including council assessment, consent authority response times, and the subdivision certificate process. The overall timeline from initial enquiry through to registration can be lengthy, which is why engaging a Registered Surveyor early is important to keep the process moving and avoid unnecessary delays.
The cost of a subdivision depends on several factors, including the number of proposed lots, the size and complexity of the site, the age and quality of the existing deposited plan on public record, the availability of existing survey marks, and whether easements are being created or varied.
The subdivision certificate confirms that plan of subdivision is consistent with the development consent or complying development certificate and that all relevant conditions have been satisfied. It may be issued by the local council or by a registered certifier, depending on the nature of the subdivision.
Some subdivisions may qualify for approval through a complying development certificate (CDC) rather than a full development application, provided the proposal meets the criteria in the State Environmental Planning Policy (Exempt and Complying Development Codes). It is best to engage your consultants early to guide you through this process and determine the most appropriate approval pathway for your project.
A 88B instrument is a document lodged with a deposited plan under the Conveyancing Act 1919. It is used to create or vary easements as part of a subdivision. Common examples include easements for drainage, services, and access. Note that restrictions on the use of the land and positive covenants cannot be released via a Section 88B instrument.
Yes. Land Logic Surveying prepares draft subdivision plans for inclusion with development applications and complying development certificate applications.
Helpful Links and Resources
Registrar General’s Guidelines: Deposited Plans
rg-guidelines.nswlrs.com.au/deposited_plans
Technical guidelines for the preparation and lodgement of deposited plans, including plan types and subdivision certificates.
NSW Planning Portal
www.planningportal.nsw.gov.au
The NSW Government’s central platform for development applications, planning certificates and development controls. Useful for understanding DA requirements in your local government area.
NSW Land Registry Services (LRS)
www.nswlrs.com.au
The organisation responsible for maintaining NSW’s land title records, including deposited plans and title information referenced in survey plans.
NSW Legislation: Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Act 1979
The primary legislation governing development, including subdivision, in NSW.