Statement of compliance

Understanding the Statement of Compliance for Subdivisions

Under Section 21(1) of the Subdivision Act, a statement of compliance is issued by the council to an applicant once all public works and open space requirements related to a proposal have been satisfied. This means that all conditions set under the planning system or the Subdivision Act must be met, or suitable arrangements must be in place to ensure compliance with these requirements.

Key points About the Statement of Compliance: 

• Certification comes first: A statement of compliance cannot be issued before your plan is certified
• Necessary for registration: You must obtain this statement before your plan can be registered with Land Victoria
• Ensures compliance: It allows the council to confirm that all agreements and conditions related to public works and open space provisions in any planning permit have been fulfilled.

Before you apply for a Statement of Compliance: 

• Meet All Conditions: For subdivisions in new development areas, ensure all conditions listed in the offer of conditions and relevant planning permits are fully met. This includes paying any required drainage contributions.
• Complete Required Works: All public works and open space provisions must be completed or adequately arranged.

If conditions aren't met:

• Consent cannot be granted: Melbourne Water cannot consent to the issuance of a statement of compliance if conditions are not fulfilled.
• Notification of outstanding requirements: We will inform you about any outstanding information or requirements needed for consent to be granted.

Why is this important?

Obtaining a statement of compliance is a crucial step in the subdivision process. It confirms that your development meets all legal and planning requirements, allowing you to proceed with registering your plan.

Application process

The applicant is required to submit an application in the prescribed form to the Responsible Authority as per the requirements of the Subdivision Act 1988 and the relevant regulations. Please discuss these requirements with your Land Surveyor or local Council for more information.

Responsible Authorities (e.g. Council) refer an application for Statement of Compliance to relevant Referral Authorities, including Melbourne Water. These referrals are typically done via the Surveying and Planning through Electronic Applications and Referrals (SPEAR) platform. We review applications and inform the Responsible Authority of our decision on a Statement of Compliance referral via SPEAR.

The applicant can ensure that the following information is included in the submission to the Responsible Authority to help us understand your proposal.

Minimum requirements for assessment when conditions on Development Services Scheme works completion does not apply

• Payment confirmation: We need to verify that the payment of the full drainage contributions amount (if applicable). If we can’t locate the payment in our Financial system, we will request further information from you to help us locate the payment
• Meet offer and permit conditions: We need to see that the conditions in the offer of conditions and planning permit have been met prior to the Issue of Statement of Compliance

Minimum assessment requirements when Development Services Scheme works construction progress needs to be met

Statement of Compliance applications that are tied to offer of conditions that request Development Services scheme works to be completed, the following minimum requirements would apply:

• Payment confirmation: We need to verify that the payment of the full drainage contributions amount (if applicable). If we can’t locate the payment in our Financial system, we will request further information from you to help us locate the payment
• Meet offer and permit conditions: We need to see that the conditions in the offer of conditions and planning permit have been met prior to the Issue of Statement of Compliance
• Site safety controls: Include information to verify if site safety conditions are met, including details of any construction fencing around active sites (where applicable)
• Environmental controls: Include documentation of environmental controls in place on site (where applicable)
• Temporary outfall controls: Include details of outfall arrangements until permanent works are completed to the satisfaction of the responsible authority (where applicable)

Additional notes

Any recent payments need to be processed by our Finance team prior to the issue of Statement of Compliance. To minimise delays associated with Statement of Compliance (SOC) applications, we strongly recommend that the payment of drainage contributions is made well in advance of a Statement of Compliance application.

Approval process

We will review documentation to confirm that all conditions outlined in our offer of drainage conditions (works or non-works) or planning permit have been met.

Duration

The process can take up to 7 days for us to assess your application and respond to council.

Incomplete applications may be delayed or returned requesting additional information.

Fees

There are no fees for this service.

Contact us

If you need any help completing this application, contact us on 131 722.