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Subdivision in Warringah

Page Updated: October 14, 2009

 

Types of Subdivision

Torrens Title Subdivision

A torrens title subdivision involves the creation of new allotments from an existing allotment.

To find out whether you can subdivide a site, you must refer to the Locality Statement and the requirements listed under the heading ‘housing density’. For example, some areas within Warringah Council have a housing density of 1 dwelling per 600 m2, therefore in order to subdivide you would need at least twice this amount. There are exceptions to these conditions, which are listed in the Locality Statement.

Further requirements for subdivision can be found in Clause 21 and Schedule 7 of Warringah Local Environmental Plan 2000 (WLEP 2000).

To obtain approval for a torrens title subdivision, a development application is required to be lodged with Council. If approved, and if the subdivision includes engineering works such as earthworks, right of carriageways, roads, footpaths, water quality, control ponds and drainage works, you will be required to lodge a subdivision construction certificate. Finally, a subdivision certificate will be required to be lodged with Council.

For enquiries regarding subdivision of a site, contact Council's Customer Service Centre, Planning & Development Enquiries.

Strata Title Subdivision

A strata subdivision is most commonly used within apartment buildings. This title gives individual ownership to small portions of a larger property and an undivided share to common property (e.g. gardens or driveways). Owners will become members of the body corporate, which controls maintenance.

A strata subdivision may be Exempt Development. If not Exempt Development, a development application will be required.

Before you can register the strata title subdivision with the NSW Department of Lands, you must lodge a subdivision certificate with either Council or a Private Accredited Certifier.

Boundary Adjustments

A boundary adjustment is defined as the re-alignment of a lot boundary. A boundary adjustment may be Exempt Development, if the adjustment does not create another allotment and each new allotment can be developed consistent with Warringah Local Environmental Plan 2000 (WLEP 2000) .

If not Exempt Development, a development application will be required.

Before you can register the boundary adjustment with the NSW Department of Lands, you must lodge a subdivision certificate with Council. Further, you may require a section 73 certificate from the Sydney Water Corporation. 

Site Consolidations

A site consolidation is the amalgamation of two or more lots into one lot. A consolidation of allotments may be Exempt Development.

If not Exempt Development, a development application will be required.

Before you can register the site consolidation with the NSW Department of Lands, you must lodge a subdivision certificate with Council.

Stratum Subdivision

A stratum subdivision is the vertical subdivision of sections of a building into separate titles. An example is the subdivision of a ground floor retail or commercial area from the above residential floors.

Before you can register the stratum subdivision with the NSW Department of Lands, you must lodge a subdivision certificate with Council.

Subdivision Construction Certificates

When do I need a Subdivision Construction Certificate?

A subdivision construction certificate is required for all subdivisions which require the construction of engineering works including, right of carriageways, roads, footpaths, water quality control ponds and drainage works.

How do I obtain a Subdivision Construction Certificate?

A subdivision construction certificate can be obtained from Council's Development Engineering section or a Private Accredited Certifier - Civil Works.

  1. If you choose to obtain your subdivision construction certificate through the Council, you will be required to lodge the relevant information, including engineering plans, in Warringah Council's subdivision construction certificate application form and checklist. Before lodgement, please make an appointment with our Quality Development Applications Officer. The Quality Development Applications Officer will be able to assist you with any queries relating to the lodging of your subdivision construction certificate application and can be contacted on 02 9942 2749.
  2. If you choose to obtain your subdivision construction certificate through a Private Accredited Certifier - Civil Works contact the Department of Planning (care of the Building Professionals Board) for advice (02 9895 5950) or visit www.bpb.nsw.gov.au. Fees and requirements will vary depending on the certifier and it is suggested that you enquire as to their individual processing times. Please note that Council does not keep a list nor recommend any Private Accredited Certifiers.

What fees do I need to pay?

If you choose to obtain your subdivision construction certificate with Council, the fee is based on the number of lots created. Council's fees are listed in Council's fees and charges.

What happens after my Subdivision Construction Certificate is approved?

If you choose to obtain your subdivision construction certificate with Council, you will be notified when the subdivision construction certificate and plans have been approved.

Once approved, the certificate and plans can be picked up from Council's Customer Service Centre. Any outstanding fees or engineering bonds will be payable at time of collection.

Once all engineering works are completed to the satisfaction of Council, a subdivision certificate is required.

Subdivision Certificates

What is a Subdivision Certificate?

The subdivision certificate authorises the registration of the plan of subdivision for lodgement with the NSW Department of Lands. The plan of subdivision is to be prepared by a registered surveyor.

Click to download Warringah Council's subdivision certificate application form and checklist (PDF)

How do I obtain a Subdivision Certificate?

For strata subdivision, the subdivision certificate can either be lodged with Council or a Private Accredited Certifier.

  • If you choose to obtain your strata subdivision certificate through a Private Accredited Certifier contact the Department of Planning (care of the Building Professionals Board) for advice (02 9895 5950) or visit www.bpb.nsw.gov.au. Fees and requirements will vary depending on the certifier and it is suggested that you enquire as to their individual processing times. Please note that Council does not keep a list nor recommend any Private Accredited Certifiers.

Torrens title, stratum subdivisions, site consolidations and boundary adjustments require a subdivision certificate to be lodged with Council.

  • To lodge a subdivision certificate with Council, you will be required to prepare the relevant information, including necessary plans, in Warringah Council's subdivision certificate application form and checklist. Before lodgement, please make an appointment with our Quality Development Applications Officer. The Quality Development Applications Officer will be able to assist you with any queries relating to the lodging of your subdivision certificate application and can be contacted on 02 9942 2749.

What fees do I need to pay?

If you lodge your subdivision certificate with Council, the subdivision development application fees and subdivision certificate fees are listed in Council's fees and charges.

What happens after my Subdivision Certificate is approved?

Upon the approval of the subdivision certificate the subdivision plan is to be lodged with the NSW Department of Lands.

 

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