Land Divisions and Community Titles
A Land Division is the division of land into at least two allotments which are held independently of one another or a boundary realignment. An application for the division of land is assessed against the provisions of the Development Plan to ensure the orderly and economic supply of land. The Development Plan guides the construction of roads, public services, adequate open space, layout and dimension of allotments in suitable areas, placement of existing or required easements etc.
A Community Title is the division of land into at least two lots and includes an area of common property (typically a driveway). There are two types of Community Titles available to the developer depending on the nature of the scheme:
- A community scheme
- A community strata scheme
It is recommended that the advice of a land broker be sought in relation to Community Titles.
Division of an allotment is defined as development in the Development Act 1993 and consequently requires an approval under that Act. It will also involve compliance with certain requirements under the Real Property Act (Amendment Act).
All applications for an approval of a proposed Land Division or Community Title must be submitted to the Development Assessment Commission located at 136 North Terrace, Adelaide.
Postal address: GPO Box 1815, Adelaide SA 5001 Telephone 08 8303 0601; Facsimile 08 8303 0753.
It is recommended that a land surveyor be engaged to prepare your application. They will usually handle the whole process on your behalf.
It is imperative that you consult with Council before beginning a land division or community title in order to determine whether your proposal is appropriate within the zone covering the intended site. Failure to check with Council before undertaking a land division could result in loss of money to application and surveyor fees.
The following is required when lodging a Land Division or Community Title application with the Development Assessment Commission:
- Completion of an application form and payment of fees;
- Three copies of supporting information including the relevant Certificate of Title; and
- Nine copies of a plan of the division.
The Development Regulations 1993 detail extensive requirements for the drafting of plans showing proposed Land Divisions or Community Titles. The services of a Licensed Surveyor are generally required for the drafting of plans and preparation of the application.
A scheme description will also be required to be submitted at time of lodgement if a Community Title application proposes more than 6 allotments.
When proposals for land division or community title are submitted to the Development Assessment Commission, copies are forwarded to various authorities that provide relevant utilities and services, such as ETSA, SA Water and Department of Transport. These authorities will detail particular requirements they may have in respect to the proposal.
Copies of the proposed division are also forwarded to the Council, who as the relevant planning authority will assess the Land Division or Community Title against the requirements of the Development Plan. Such requirements primarily relate to the zoning standards, total allotment site area, access, drainage and open space requirements that are detailed in Council's Development Plan.
There are three broad requirements before a Land Division or Community Title can proceed:
- Planning and Land Division Authorisations must be obtained under the Development Act, 1993. A Statement of Council and Commission Requirements pertaining to any physical works or easements requested by relevant authorities will be issued and must be complied with.
- Once all conditions and requirements are met, the Council gives clearance and a Certificate of Approval will be issued.
- The Certificate of Approval, together with final plans and documentation, is then lodged with the land services group (Lands Titles Office) for the issue of new Certificate of Title and for a new deposit of the Plan.
The procedure for initial Planning and Land Division Authorisations can take up to three months. The Development Assessment Commission must provide Council with responses from relevant authorities within 8 weeks.
Council will generally process applications within 8 weeks of receiving the report from the Development Assessment Commission.
Additional time may be required depending on the scale and complexity of the proposed division.
Information on the engineering standards for land division can be found in the document - Standards and Requirements for the Development and Subdivision of Land.