Understanding Subdivision Certification Requirements in NSW

At CEH Consulting, we know that navigating the legal framework for land subdivision can be complex. In New South Wales, specific requirements must be met to ensure subdivision plans are compliant and successfully registered with NSW Land Registry Services (NSW LRS). This post provides a concise guide to the subdivision certification process, ensuring you’re fully prepared when planning your land subdivision project.

Subdivision Certification Overview

A subdivision certificate is essential for registering any subdivision plan in NSW, with few exceptions. This requirement applies to all forms of land, whether owned by the government, a private individual, or a statutory authority. It applies regardless of the land title system in use, including Torrens title, Crown title, or perpetual leasehold.

Key Requirements for Subdivision Certification

• Compliance with Legislation
  A subdivision certificate must align with section 109J of the Environmental Planning and Assessment Act 1979 (for plans after 1 July 1998). Older plans executed before that date follow provisions from the Local Government Act 1919.
• Applicability
  Certificates are mandatory for:
  • Private landowners and government agencies
  • Statutory authorities
  • Old System, Torrens, or Crown titles
• Authority to Issue Certificates
  Depending on the subdivision type, certificates can be issued by:
  • Consent Authorities (with development consent)
  • Local Councils (for subdivisions not needing development consent)
  • Crown Authorities (for Crown land subdivisions)
  • Accredited Certifiers (as specified in environmental planning instruments)

Certification Process and Required Details

Each subdivision certificate must include essential information:

• Signatory Authority: The person signing must strike out irrelevant titles and identify their authority, such as Council, Sydney Water, or accredited certifier.
• Accreditation Number: Certifiers must provide their official accreditation or certification number.
• Internal File Number: This includes any application number or internal reference used by councils or statutory bodies.

Lodging Old Plan Forms

Older subdivision plans prepared under outdated legislation can still be accepted for lodgment if:

1. The plan complies with the 109J Environmental Planning and Assessment Act 1979, or
2. Development consent was granted before 30 June 1998.

In cases where these conditions apply, councils or consent authorities must provide written evidence to accompany the lodgment.

Smooth Execution with CEH Consulting

Navigating NSW’s subdivision framework requires meticulous attention to both legislation and procedural details. At CEH Consulting, we specialise in guiding our clients through these complexities, ensuring every subdivision project proceeds smoothly. Our expertise ensures that your project is compliant, efficient, and ready for approval without unnecessary delays.