Subdividing land — whether to create a second dwelling, develop a townhouse site, or release a smaller block from a larger holding — is a layered process. Council planning approval is one layer; the legal work to create and register new titles is another. Most subdivisions involve a registered surveyor, a town planner, sometimes an engineer, and a lawyer. My role is the legal one.
From planning permit to registered titles
Once a planning permit for the subdivision is in hand, the surveyor prepares a Plan of Subdivision. The Plan is certified by Council and then lodged with Land Use Victoria for registration. Where the subdivision creates common property (driveways, shared walls, common landscaping), an owners corporation is created. Easements may need to be created or removed. Section 173 agreements between landowner and Council may be required. Existing mortgages must be partially discharged and re-mortgaged over each new title.
What I do in a subdivision matter
I review the Plan of Subdivision and any Section 173 agreements, advise on easements and owners corporation issues, prepare and lodge the Application for Subdivision, coordinate with the surveyor and Council, deal with the mortgagee on any required discharge and re-mortgage, and register the new titles at Land Use Victoria. For development subdivisions where individual lots are pre-sold, I also handle the off-the-plan contracts.
How I handle a subdivisions matter
- 1Review of the Plan of Subdivision and supporting documents
- 2Coordination with surveyor, planner, Council and mortgagee
- 3Lodgement with Land Use Victoria
- 4Final title registration
Frequently asked questions
How long does a subdivision take to register?
Once the Plan of Subdivision has been certified by Council, registration at Land Use Victoria usually takes 4 to 8 weeks depending on complexity and the current Land Use Victoria backlog. The full process from planning permit application to registered titles can run six to eighteen months.
Do I need to create an owners corporation?
Where the subdivision creates common property — for example, a shared driveway or a party wall — yes, an owners corporation is required. Simple two-lot subdivisions with no shared elements may not require one.
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Last reviewed 2026-05-22.
This page is general legal information about subdivisions in Victoria, Australia. It is not legal advice for your specific situation. For advice on your matter, book a free initial consultation.