Ballarat & District Mobile Conveyancing are your subdivision experts.  Below is some information to be aware of in the subdivision process.

When subdividing land we suggest first talking to a Planning Officer at the local Council to get some preliminary advice as to whether your property is suitable for subdivision. The Planning Officer will look at issues such as the total area of the property, street frontages available, the availability of service, safe access points to public roads, etc.

After you have had a discussion with your local council and you have decided to go ahead with the subdivision you will need to appoint a surveyor to come to your property. The surveyor will measure your property and decide, with you, the best position for the new proposed boundaries. Your surveyor will then draw up the proposal plan and make the Application for the Planning Permit.

Please contact this office before consulting your land surveyor so we may initiate your file and assist you and your surveyor with this process.

If your property is suitable for subdividing in principal and you decide to apply for a Planning Permit the council will then send out copies of your proposal to various other authorities (water, electricity, VIC Roads, ect), and possibly neighbours for comments. The council will then be responsible for providing you with the three approvals you will require in order to subdivide your land;
• Issue of the Planning Permit (usually contains conditions that must be satisfied)
• Certification of the Final Survey Plan, showing the exact boundaries & measurements
• Statement of Compliance (issued when the conditions of the Planning Permit have been satisfied)

"How many units I can I fit on the property?"

This is a difficult question to answer because there are no set rules across the board - each council has different rules. The shape, orientation and slope of your property and any other specific features that may affect development on your proposed site, must be identified. Factors which must be taken into consideration - some of which we have already discussed include:

  • the required Setback distances from bordering property boundaries
  • the required Setback distance from the street frontage
  • the number of bedrooms being constructed will impact on the number of car parks required
  • vehicle access, including turning areas and driveways
  • how the proposed building height compares to the adjoining and neighbouring buildings
  • the minimum private open space areas required for each unit
  • the minimum site and space coverage areas needed for your property
  • energy efficient design with good northern solar access to windows
  • the impact on neighbouring properties including overlooking, overshadowing and large building bulk and scale

Remember, local councils will have their own policies and controls for development in their own specific areas which will determine the number of units allowed on your property. We recommend you engage the services of a professional town-planning consultant who can examine all the aspects of the planning and development.

Vegetation, trees and other matters...

If you are buying land or are subdividing your own backyard one of the things you need to find out about is the vegetation or the trees. Most councils are in favor of keeping as many trees and as much greenery as possible, so if your back garden has trees, you need to get an Arborist to tell you if you can cut the trees down

It is important to do this before purchasing the property. I have seen many applications for permits rejected because one tree couldn't be removed.

Remember the majority of councils will not allow the removal of a tree until they have an independent arborist report stating that it is not important to the area. If it is it will be difficult to remove but it may be dying or dangerous, in that case the arborist will state this and it may be deemed necessary by council to remove the tree, something the arborist can then organize to do. An arborist report will cost anything from $500 to $1000 depending on how much work is involved and it is definitely wise to use one prior to purchasing a property that has trees.