When it comes to subdividing a property, there are a lot of regulations that you need to adhere to. It is a good idea to check the out the Brisbane Council regulations thoroughly, but here are some of the basics to go through before you submit your application to the City Council for approval.
What is Classified as Subdivision?
Creating two separate lots out of one existing lot.
Dividing a larger parcel of land into several lots.
Changing the boundaries of a lot, without actually forming a new lot.
Starting a community title scheme
A volumetric subdivision (where the space above or under the land is used).
A subdivision in terms of a lease that is for longer than 10 years.
Each case is assessed individually when you submit your application.
The Minimum Size of the Lot and Restrictions
In Brisbane there are restrictions on how small you can make the individual lots. The following restrictions apply:
If not a part of a Demolition Control Precinct, the minimum size is 400m squared.
If part of a Demolition Control Precinct, the minimum size is 450m squared.
You should take a look at the “Subdivision Code of Brisbane City Plan 2000” in order to check out other specific restrictions. Check the Council’s website to see what your property is zoned as and also the exact neighbourhood – there may be specific restrictions applicable to your area.
How Quickly will My Application Take?
In general, applications are assessed in terms of three basic sub-categories – Code, Impact and Code Notifiable.
The Council aims to assess Code Applications within three months.
The Code Notifiable applications are also assessed within three months but there are further requirements in terms of public notifications. The Council aims to complete these assessments and notifications within six months. (This can vary depending on appeals levied and the complexity of your proposal).
An Impact Assessment occurs when the minimum lot size is not met. The timeframes once again depend on the complexity of your proposal.
You will need to pay a development application fee when you lodge your application.
The lot needs to be created and have its title registered before it can be put up for sale. The steps are as follows:
Get the plans approved – Submit the proposed subdivision proposal to the Council.
Wait for the Assessment to be conducted – The Council will weigh up the proposal in terms of the regulations as laid down in the City Plan and Local or Neighbourhood Plans.
Compliance – Should it be required, you will need to agree to conditions set.
Plan Sealing – The plan of survey is ‘sealed’ by the Council and returned to you.
The title is registered – You apply for the registration of the sealed survey plan with the Queensland Department of Environment and Resource Management.
Once the title is registered, the new lots are ready to be developed or sold at will. Having a pest inspection conducted is a good idea to ensure that there are no termites present in the soil.
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