sUBDIVISION applications

Residential Subdivision

What is subdivision?

Subdivision is the division of land into smaller lots and/or amalgamation of several lots into one larger lot. The Western Australian Planning Commission (WAPC) is responsible for approving all subdivision applications and certain classes of strata subdivision applications in our State, including all green title, built strata, vacant and survey strata subdivision (except built strata subdivision applications of five lots and under which are determined by Local Government).

The two basic types of subdivision are:

  • Green Title (Freehold) Subdivision; and
  • Strata Title Subdivision (includes strata and survey strata).

Green Title Subdivision: A ‘green title’ property refers to land that generally has no common areas that need to be shared (unless otherwise indicated on the certificate of title).

Survey Strata Title Subdivision: A survey strata property refers to parcels of land within one parent property and may contain common property. Survey strata subdivision is generally associated with grouped dwelling development.

Strata Title Subdivision (also known as Built Strata): A strata title subdivision refers to parcels of land within one property. Strata subdivision plans will often show the parent property boundaries and building parcels. All other land will generally be common property.

What is the process for green title and survey strata applications?

1. PREPARE YOUR SUBDIVISION APPLICATION

All subdivision applications must include a plan of subdivision which has been prepared in accordance with WAPC’s guidelines. Licensed land surveyors are able to survey your lot, provide advice on how best to subdivide the land, prepare subdivision plans and lodge subdivision applications with the WAPC on your behalf. Please note that the City is unable to recommend any surveyors. 

2. LODGE THE APPLICATION WITH THE WAPC 

Applications for subdivision must be made directly to the WAPC. Please visit www.dplh.wa.gov.au for further information.

3. REFERRAL TO RELEVANT AUTHORITIES

Once the application has been accepted, the WAPC will refer the application to the relevant local government and other public authorities and utility service providers for comment. Referral bodies have 42 days to consider and assess the application and provide a recommendation to the WAPC.

The local government does not determine the application.

4. CONDITIONAL APPROVAL 

If the WAPC supports the application, the applicant will receive approval with conditions that are required to be satisfied prior to final endorsement of the subdivision. The conditional approval is valid for three (3) years from the date of the approval, unless stated otherwise.  

5. RECONSIDER / APPEAL OF CONDITIONS AND DECISIONS 

A request to reconsider the conditions of a subdivision approval may be made to the WAPC within 28 days of the date of approval. If the owner/ applicant is still not satisfied with the conditions or the decision after reconsideration, the owner/ applicant may appeal the decision and/ or the conditions to the State Administrative Tribunal within 28 days of the reconsidered decision. 

6. CLEARANCE OF CONDITIONS

Once the applicable works have been undertaken and the conditions are complied with, the owner/applicant is to lodge for subdivision clearance with the relevant agencies (i.e. Local Government conditions are to be cleared by the local government, other agency conditions are to be cleared by that specific agency).

The City will review the clearance application and check that all conditions have been satisfied. If the City is satisfied, the City will issue a clearance letter for all the relevant conditions along with a stamped and signed plan of survey.

For further information on lodging an application for subdivision clearance, see the further information below. 

7. FINAL ENDORSEMENT 

When all conditions have been cleared and the necessary 'clearance letters' have been obtained from all the relevant authorities, the applicant must apply to the Western Australian Planning Commission for endorsement of the Deposited/ Strata Plan. 

8. LODGEMENT OF SURVEY PLAN FOR REGISTRATION 

Following final approval from the Western Australian Planning Commission, the applicant must lodge the endorsed Deposited/ Strata Plan at the Land Title Office of Landgate to obtain new Title documents. 

Further information

For further information, please see the Residential Subdivision Information Sheet.

Subdivision Clearance 

What is subdivision clearance?

The approval of a subdivision application will usually be subject to conditions that are required to be met (or cleared) prior to lodging the plan for final approval from the Western Australian Planning Commission (WAPC) and applying for new titles. The owner/ applicant has three (3) years to satisfy these conditions, unless the approval states otherwise.

Each condition of the approval will state the agency (i.e. Local Government, Water Corporation, Main Roads, Western Power, etc.) who is responsible for clearing the respective conditions. This information will be provided in brackets at the end of each condition.

Once the applicable works have been undertaken and the conditions are complied with, the owner/applicant is to lodge for subdivision clearance with the relevant agency. The City will review the clearance application and check that all conditions have been satisfied. If the City is satisfied, the City will issue a clearance letter for all the relevant conditions along with a stamped and signed plan of survey. 

How do I clear my conditions of approval?

Prior to lodging for clearance of subdivision conditions, each condition is required to be satisfied. The following information sheet provides some guidance as to how each of the common conditions can be cleared. Please note the information provided should be used as a guide only and may not be suitable for every situation. If you are unsure of how your condition should be cleared, please contact the City via phone, email or in person. 

How do I apply for subdivision clearance?

Once all ‘Local Government’ conditions have been satisfied, the following documents are required to be lodged with the City for review:

  • Application for Subdivision Clearance;
  • Payment of relevant fees (see Planning Fees Schedule);
  • Deposited plan / Strata Plan;
  • Written description detailing how each of the conditions have been satisfied; and
  • Supporting documentation (i.e. statutory declaration, photographic evidence, etc.).

How do I lodge my subdivision clearance application?

IN PERSON 

City of Vincent Main Administration Building

244 Vincent Street, Leederville WA 6007

VIA EMAIL

Email to: mail@vincent.wa.gov.au

BY POST

PO Box 82, Leederville WA 6902

Built Strata Applications 

What is the process for built strata applications?

Built Strata subdivision is generally associated with multiple dwelling and mixed use development and can take place where buildings are fully constructed, or where buildings are proposed to be constructed. The Built Strata process is summarised as follows:

  1. Obtain development approval. 
  2. Obtain a building permit (note: it is the applicants responsibility to ensure the building permit plans match the approved development application plans). 
  3. Lodge the Form 15A application with the City (note: The strata plan submitted must match the approved development application plans). 
  4. Complete construction of the development in accordance with the approved plans, ensuring all planning and building conditions are satisfied.
  5. Lodge the Form 15C application with the City (note: if all conditions have not been satisfied and cannot be resolved within 30 days from the receipt of the application, the Form 26 application may be refused). 
  6. Lodge endorsed Forms 15C, BA, and application fee to Landgate.
  7. Built Strata Title Lot(s) are created. 

How long does it take to process a Form 15A/C application?

FORM 15A APPLICATION (FORMERLY FORM 24)

The City has 40 calendar days from the date of lodgement to make a determination on the Form 15A application. This timeframe may be subject to change should the application be incomplete, or additional information be required. 

If the Form 15A application is not determined within the 30 day timeframe, the applicant may lodge an application for review through the State Administrative Tribunal. 

FORM 15C APPLICATION (FORMERLY FORM 26)

The City has 30 calendar days from the date of lodgement to make a determination on the Form 15C application. This timeframe may be subject to change if additional works or information is required to meet the conditions of approval.

If the Form 15C application is not determined within the 30 day timeframe, the applicant may lodge an application for review through the State Administrative Tribunal.

What information do I need to provide with my Form 15A application?

The following information is required to be submitted when applying for a Form 24 application:

  1. Completed Form 15A Application Form available at www.dplh.wa.gov.au;
  2. Payment of the applicable fee (refer to Fees and Charges Schedule); and
  3. A copy of the proposed Strata Plan.

Please note incomplete applications will not be accepted by the City. 

RELEVANT FORMS:

What information do I need to provide with my Form 15C application?

The following information is required to be submitted when applying for a Form 26 application:

  1. Completed Form 15C Application Form (available at www.dplh.wa.gov.au;
  2. Landgate copy of the strata plan; and
  3. Written notification identifying how all conditions of the development approval have been satisfied.

Please note incomplete applications will not be accepted by the City.

RELEVANT FORMS:

Can I lodge Form 15C application if the conditions of development approval have not been satisfied?

If all development has not been completed and the conditions of the development approval have not been satisfied upon lodgement of the Form 15C application, and cannot be satisfied within the 30 day timeframe, the City will issue a refusal.

A new Form 15C application and associated information will be required for the City’s assessment. 

Can I lodge my Form 15A and Form 15C application at the same time?

The City will not accept Form 15A and Form 15C applications to be lodged concurrently unless it has been demonstrated that development works are complete and all conditions have been satisfied. A Form 15A application should be lodged as early as possible to ensure any planning matters can be dealt with prior to lodging a Form 26 application.

Can I make changes to the plans during the building process?

Once Development Approval is obtained, an owner/applicant can apply for a Building Permit. It is the applicant’s responsibility to ensure the building permit plans match the approved development application plans and that all condition have been satisfied.

If there are any inconsistencies with the building permit and approved development application plans, an amended development application must be lodged with the City. The City will not approve a Form 15C application that is inconsistent with the development approval, regardless of the Building Permit.

More information

For further information on the Built Strata Subdivision process, please see the following information sheet: Form 15A and Form 15C (Built Strata) Applications

Do you have more questions?

If you have any further questions, please contact the City via:

Phone: 08 9273 6000

Email: mail@vincent.wa.gov.au 

In person: City of Vincent Main Administration Building, 244 Vincent Street, Leederville (Corner of Loftus Street)