Sep 2022
Knowledge

What is a Torrens Title Subdivision

A Torrens Title subdivision is where you are the sole owner of a piece of land or more formerly referred to as a “Lot”. That piece of land or “lot” is defined on your Deposited Plan, which identifies the boundaries of your lot in relation to neighbours.  

With Torrens title lots, as a sole owner of the land you can make decisions on what to do with that land, subject to Legislative/Council Compliance, without seeking approval from any other owners.

In our previous instalment which looked at Strata Title Subdivision, where you as an owner owned a portion of a larger development, if you wanted to make any changes to your portion of that development you very likely would have to seek concurrence from the Strata Body.

Given Torrens title subdivisions give a person sole ownership of a piece of land, as opposed to Strata title, when developing your land creation of new Torrens title lots tend to be more desirable than new Strata Title lots.

Historically to complete a subdivision where you create new Torrens title lots you were required to make an application to Council via a Development Application (DA) and then go back to Council to get your Subdivision Certificate (SC).

In an upcoming post I will go into depth regarding the approvals process which includes Development Applications (DA), Construction Certificates (CC), Subdivision Works Certificates (SWC), Complying Development Certificates (CDC), S138 Roads Act Approvals, S68 Local Government Act Approvals, Subdivision Certificates (SC) and other relevant approvals/certificates required during the development of a piece of land.

Recent changes to legislation now provide developers the opportunity to both develop and subdivide their land into Torrens title lots entirely through a Complying Development Certificate (CDC) process. This means faster, simpler approvals through Registered Certifiers, like the team of Subdivision Certifiers at Landcert, and avoid the need to go to Council for either your Development Application (DA) or your Subdivision Certificate (SC)

Developments that can utilise this CDC process are listed below:

·     Dual Occupancies

·     Multi-Dwelling Housing (Terraces)

The team at Landcert are experts in the Subdivision Development Approval process so whether you’re looking at developing a Dual Occupancy or a greenfield Subdivision creating 1000+ lots contact the team at Landcert to see how we can assist with your next project.

Do you have a section of the Development Approval Process/Development Certification that you want some more information on or explained? Reach out to us at Landcert and we can include it in our upcoming posts!

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