FAQs
- Can I subdivide my land?
The ability to subdivide land relies on many factors. Some of these factors include minimum lot size, heritage impact, land zoning and existing use. The experienced Town Planners at Parker Scanlon will be able to assist you in determining whether you will be able to subdivide your land, and will also be able to prepare a Development Application to do so.
- Do I need Council Approval for any project?
Some types of minor building works or development don’t need Council approval, as they are exempt development.
Exempt and complying development is mainly controlled by State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as well as the council’s Local Environmental Plan.
Check on your local council website to see if your project is exempt of complying development.
- How do I know if my property is bushfire prone?
Bushfire prone land maps for all local governments are available either online or at council offices. A 149 certificate issued by council also advises if your land is mapped as being bushfire prone. Be aware that even though all vegetation may have been removed for say an adjacent large land development, your land may still be mapped as being bushfire prone.
- Should I have a pre-lodgement meeting with council before lodging my Development Application?
Pre-lodgement meetings (often referred to as pre-application meetings or pre-consultation meetings) are not always necessary. However, it is often a major benefit to have some pre-lodgement consultation with the council. Sometimes, you may just need to ring the council for some minor advice, such as whether you need to seek council approval on your project.
For more complex projects, a pre-lodgement meeting can be helpful. You can contact our staff at Parker Scanlon and we will be able to advise you on whether a meeting is necessary.
- What is a detail survey?
A detailed survey is used to determine and locate features on a parcel of land. This includes both natural and artificial features, including vegetation, fences, boundaries, roads, existing building and land utilities. A detailed survey will usually include the elevation of the land. Detailed surveys are usually needed when you are planning to construct or extend a building on your parcel of land, when you need to locate all features of your land, or when you want to have your land valued.
Glossary
- Accredited Certifier
A person identified under the Environmental Planning and Assessment Act 1979 as authorised to consent to the subdivision of land.
- Accretion
The acquisition of extra land from the sea or its inlets, or from a stream, by natural, gradual and imperceptible means.
- AHD
Australian Height Datum. The origin height for all reduced levels as fixed by the Surveyor General.
- Alienation
The passing of Crown lands into private ownership.
- Azimuth
The datum line specially determined from established survey monuments on public record and its bearing or direction, adopted by a surveyor as the base line for a survey. Alternatively the bearing used may be taken from astronomical observations.
- Bench Mark
A survey mark used to establish the relative height of a feature in a plan - usually measured as a Reduced Level, AHD.
- Body Corporate
The former management body of the common property under the Conveyancing (Strata Titles) Act 1961 and the Strata Titles Act 1973. Now known as the Owners Corporation.
- Boundary survey
A boundary survey is about determining, locating and defining the accurate location of the boundaries. This survey is commonly required when replacing boundary fences.
- By Laws
By Laws are rules or regulations governing a Strata or a Community Development scheme which have been determined by the developer, or are statutory By Laws (exist at law). They apply to Strata Plans and Community, Neighbourhood and Precinct Plans and are set out in Management Statements.
- Cadastre
The current subdivision pattern of a locality on the ground ie boundaries, roads, waterways, parcel identifiers, names etc. - "Cadastral" has a corresponding meaning.
- Certificate of Title
A counterpart document to the Torrens Title land Register which is issued as a certificate of ownership and provides evidence of a person’s right to deal with the land in the title. A new edition of the CT is issued by LRS each time that a property changes ownership and when certain other transactions occur, such as registration of a mortgage or lease.
- Common Property
In a strata scheme, it is all the areas of land and buildings not included in any lot. The property is owned jointly by all the unit owners in each strata. There is a separate title for the common property, distinct from the title held by each individual unit owner.
- Community Title Subdivision
Community Title Subdivision means each individual owner owns their land and home, and also a share of the common grounds and community facilities. Large apartment complexes with common facilities such as pools are usually Community Title.
- Compiled Plan
A plan of land compiled mathematically from existing survey information without further survey on the ground.
- Contour Survey
To determine the levels on the site to assist with building design a contour survey is used.
- Deposited Plan
A plan of land deposited in LRS, which was not attached to a dealing or deed, showing land boundary information whether for a new subdivision or other purpose eg identifying the location of an easement, for land acquistion etc. The Registrar General may, for convenience, number or re-number other plans as deposited plans or prepare deposited plans of his own motion. Plans of strata schemes are called Strata Plans.
- Detail Survey
This survey is used to determine and locate features on a parcel of land. This includes both natural and artificial features, including vegetation, fences, boundaries, roads existing building and land utilities. A detail survey will usually include the levels and contours of the land. This survey is generally required when you are planning to construct or extend a building on your parcel of land, when you need to locate all features of your land, or when you want to have your land valued.
- Easement
A right, attached to land (the dominant tenement), to use other land (the servient tenement) for a specified non-exclusive purpose known to the law, eg right of carriageway, easement to drain water - however the law recognises an easement in favour of a statutory authority without a dominant tenement, described as an "easement in gross".
- Identification Survey
A survey which is required for the purpose of identifying existing buildings and structures on a parcel of land. It may only be undertaken by a Registered Surveyor. It is the only process that connects physical entity of land to a legal title document. It is recommended that an identification survey is obtained when purchasing a property.
- Limited Title
A certificate of title issued for land converted from Old System title whereby the boundaries have not been adequately defined in a plan of survey and/or have not been investigated in LRS. A limitation is recorded in the second schedule.
- Lodgement
The acceptance by LRS of dealings, plans and other documents, either by hand or electronically, for processing and registration within that Office.
- MHWM
Mean High Water Mark - the line defining the mean between the high tides at ordinary spring and neap tides.
- Old System Land
Land alienated from the Crown prior to 1863 and not yet brought under the provisions of the Real Property Act 1900. As the State of New South Wales does not guarantee title to Old System land, purchasers must carefully examine the chain of title for a land parcel to ensure that the seller is the valid title holder and to know what reservations and encumbrances affect the land.
- Positive Covenant
A condition imposed by, or for the benefit of a statutory body or a local council that binds the owner of land to perform a specified act eg to maintain a building and its foundations to ensure the safe working of a railway passing below it, or to erect a habitable dwelling upon the land within a specified period of time. The positive covenant must be in terms that directly require the owner of the land to do some action.
- Primary Application
An application to bring Old System land under the provisions of the Real Property Act 1900. An application made to LRS by the property owner of Old System land to convert the Old System title Torrens Title.
- Qualified Title
A folio of the Register in which is recorded a "caution" that has not been cancelled. A caution warns persons dealing with the registered proprietor that the land is held subject to any "subsisting interests" that may exist under Old System.
- Reduced Level
The relative height of a point in relation to a known datum, usually AHD.
- Reference Mark
A survey mark of a durable nature placed or situated near and connected by measurement to a corner, angle or tangent point of a survey.
- Right of Way
A right of way is an easement allowing a right to use part or all of another property for access purposes.
- Section 88B Instrument
An instrument under the Conveyancing Act 1919 lodged with a deposited plan or strata plan to create easements, restrictions on the use of land and positive covenants upon registration of the plan as an alternative to the creation of easements via a dealing.
- Set out survey
This is a survey tool to locate proposed construction in relation to boundaries and other structures.
- Strata Plan
A plan lodged with LRS creating individually-owned lots and common property within a parcel of land defining lots by a cubic space(s). Normally, a strata plan pertains to multiple units within a building.
- Subdivision Certificate
The consent of the required authority, Local Council, accredited certifier or the Crown to the subdivision of land. Endorsed in the panel on the plan.
- Title Search
A title search is an inspection of the register which will indicate the current owner or owners of a property and also shows the estate and any other interests that may restrict full control of the property by the owner. These other interests are called encumbrances and could include mortgages, easements, or caveats.
- Torrens Title
A term used to describe the system of title (or land) registration devised by Robert Richard Torrens, and adopted in NSW from 1863. Under this system, title is guaranteed by the state and purchasers do not need to establish the chain of ownership when purchasing property. They can rely on a current Certificate of Title document to evidence ownership of land.