Subdivision Titles Guide

How-to guide · Supporting Dual Occupancy

Subdividing a dual occupancy in Victoria

Building two dwellings and splitting the title are two separate steps. Here is how subdivision works in Victoria, when you end up with an Owners Corporation, and the costs that catch people out.

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In brief

You can build a dual occupancy and keep a single title, or subdivide into two separately sellable lots. Subdivision is a distinct process from the building work and often runs alongside it.

This guide explains the Victorian subdivision process, when an Owners Corporation is created, and the costs and timing to plan for.

Key takeaways

  • 1Subdivision in Victoria is governed by the Subdivision Act 1988 and lodged through the SPEAR online system.
  • 2A licensed land surveyor prepares the plan of subdivision; the council certifies it and later issues a Statement of Compliance.
  • 3Councils can require a public open space contribution of up to 5% of the land value under section 18 of the Subdivision Act.
  • 4New titles are created only when Land Use Victoria registers the certified plan; a shared driveway usually creates an Owners Corporation.
STEP 1

1. The subdivision process

A licensed land surveyor prepares the plan of subdivision and lodges it through SPEAR (Surveying and Planning Electronic Applications and Referrals).

The council certifies the plan, confirming it meets the Subdivision Act 1988 and the planning scheme.

Once all permit conditions and public works are satisfied or secured, the council issues the Statement of Compliance.

The certified plan and Statement of Compliance are lodged with Land Use Victoria, and registration is the step that actually creates the new titles.

STEP 2

2. Owners Corporation or two clean lots

Where the dwellings share common property, typically a common driveway, the plan creates an Owners Corporation that both owners belong to and share maintenance of.

A side-by-side dual occupancy with its own separate driveway for each dwelling can often be subdivided into two clean lots with no common property and no Owners Corporation.

The configuration you choose at design stage decides this, so plan the title outcome before you lock the layout.

A clean two-lot title can be simpler to sell and manage than an Owners Corporation, which is worth weighing early.

STEP 3

3. Costs, contributions and timing

Councils can require a public open space contribution of up to 5% of the land value under section 18 of the Subdivision Act, unless the subdivision is exempt.

Budget for surveyor fees, council certification, authority connections (water, power, sewer) and title registration.

Subdivision commonly runs in parallel with construction and finishes after the Statement of Compliance; titles can take several months to register.

If a planning permit for the dwellings has already been granted, a later subdivision of that land is generally exempt from having to re-prove the garden area requirement.

FAQs

No. You can build two dwellings and keep them on one title, for example to rent both out. You only subdivide if you want two separately sellable or financeable lots. Many owners build first and subdivide later.
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