Most subdivision requires development consent under the Environmental Planning and Assessment Act 1979 (the EP&A Act), except where it may be permitted as Exempt or Complying Development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
What is a Subdivision Certificate?
A Subdivision Certificate:
- Certifies that the subdivision plan has been completed in accordance with the relevant development consent or complying development certificate (CDC), in the case of complying development; and
- Authorises the registration of the subdivision plan for lodgement with the NSW Land and Property Information.
The role of the consent Authority or Registered Certifier
A Subdivision Certificate is issued by the relevant consent authority (most commonly the council) in the following instances:
- A consent authority - where subdivision has development consent; or
- The council - where the subdivision either does not need development consent (exempt development) or where the council itself the is consent authority;
- The Crown or prescribed person (or any person acting on behalf of the Crown) – where the subdivision is carried out by or on behalf of the Crown or prescribed person; or
- A registered certifier – where the subdivision is identified by an Environmental Planning Instrument as one that may be authorised by a registered certifier or for subdivision that involves subdivision works (refer to Section 6.5(3) of the EP&A Act).
Before a Subdivision Certificate is issued, the relevant consent authority or registered certifier must be satisfied that the matters specified in Section 6.15 of the Environmental Planning and Assessment Act 1979 have been addressed.
Preparing a Subdivision Certificate application
An application for a Subdivision Certificate may only be made by the owner of the land or any other person with the consent (in writing) of the landowner.
The following documentation would generally be required for a Subdivision Certificate:
- A subdivision plan,
- A copy of the relevant development consent (if a development application was lodged) or a CDC (if permitted under Complying Development),
- A copy of any relevant subdivision works certificate or subdivision construction certificate,
- A copy of an operative development consent and evidence of compliance with any conditions required to be fulfilled prior to issuance of subdivision certificate,
- A copy of detailed subdivision engineering plans,
- A certificate of compliance from the Water Authority (where relevant),
- Evidence that required drainage easements have been acquired by the relevant council (where relevant),
- Additional requirements for Subdivisions involving subdivision work
- Evidence of completion of any required subdivision work, or
- An agreement has been reached with the relevant consent authority as to payment for the cost of the work and the time for carrying out the work, or
- An agreement has been reached with the relevant consent authority as to security to be given to the consent authority with respect to the completion of the work.
- Anything else specified in Clause 157(2) of the Environmental Planning and Assessment Regulations 2000.
You can now apply online for a Subdivision Certificate via the NSW Planning Portal. This service allows you to request and gather the required compliance certifications from the various authorities and submit the application to your consent authority or selected registered certifier.
How to apply online
- If you don’t already have an account, Register for a NSW Planning Portal account to start your application.
- Log in to complete the online application form.
In accordance with the NSW Environmental Planning and Assessment Regulation 2021 applicants are required to pay a digital application processing fee for certain planning applications and certificates.
A full list of fees can be found on the NSW Planning Portal Service Fees page.