In South Australia development approval must be obtained before land may be divided into separate allotments, pursuant to the Development Act, 1993 and the Real Property Act 1886.
Land division includes
- The alteration of the boundaries of land
- The division of land into at least two or more allotments
- Large scale developments containing numerous allotments
There are four different types of land title - Torrens Title, Community Title, Community Strata Title (and, for an existing strata scheme, Strata Title.
The division of land requires the approval of the local council, statutory authorities and the State Commission Assessment Panel. Once an approval has been granted, to finalise the process, documentation and the final Plan of Division must be lodged at the Lands Titles Office.
Dividing land can be a costly and a timely process. It is recommended that you seek preliminary advice from Council’s Planning Section. It may be useful to prepare a simple sketch plan of the proposed division using a copy of the Certificate of Title and the relevant plan associated with the Title. Council’s Planning Officer will be able to give advice on the merits of your proposal, based on provisions in Council’s Development Plan, easement details shown on your title and infrastructure issues including stormwater management and road access.