Certification of plan of subdivision

Certification is an essential administrative step that allows a subdivision proposal to move forward. This process is carried out by councils to ensure that any proposed subdivision plan meets the requirements of the Subdivision Act, relevant regulations, the planning scheme or planning permit, and any other conditions specified under section 6(1) of the Subdivision Act.

What is subdivision?

Subdivision is the process of dividing a single parcel of land into two or more separate parcels or combining multiple parcels into one or more plans.

Why does another referral need to be done at the certification stage?

The reason why referral also occurs at the certification stage will be to enable relevant referral authorities (such as Melbourne Water) to check that relevant conditions on the planning permit will be properly complied with. Plans will need to meet required standards and show required works, and appropriate bonds, commitments or other agreements have been made to secure compliance with the requirements as the development proceeds.

Important note: If your subdivision requires a planning permit, the plan cannot be certified until the Responsible Authority (e.g. Council) has issued this permit.

Application process

Documents required

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

• Plan details: Plan of proposed subdivision, consolidation, creation, variation or removal of easement or creation of common property including the SPEAR reference. We will assess your plan of subdivision against any Melbourne Water easement or reserve requirements and compliance with any applicable previous approvals for the project.
• Conditions: The planning permit for subdivision may have conditions which are required to be fulfilled prior to Melbourne Water consenting to the plans being certified. Please ensure that any relevant conditions are met and documentation is provided to demonstrate this.

The applicant is required to submit an application in the prescribed form for certification 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 to subdivide land 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 if we accept the proposed changes and consent to the new plan of subdivision being certified.

We will assess all applications received from a Responsible Authority and referred in the prescribed form and make one of the following decisions:

• Consent to certification
• Object to certification
• Request change

Duration

The process takes 35 calendar days from the date on which the Responsible Authority received the plan to assess an application and respond to a complete application that complies with the relevant planning conditions.

The 35 days includes the 7 day period council has to refer the application to the referral authority. A referral authority (such as Melbourne Water) will usually have 28 days in which to review the proposal in respect to any requirements placed on the planning permit or incorporated into the planning scheme.

Fees

There are no fees for this service.

Contact us

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