Subdividing What is Subdividing Subdividing is when a piece of land is split into two or more pieces (ie separate lots).

The process is controlled by the local Council. Planning codes and procedures vary significantly between Councils and also between States and Territories, as do the relevant fees and charges. Factors to examine when considering a Subdivision Local town planning regulations Land zoning restrictions Minimum size of lots Access to water and sewerage services Setback requirements Minimum building envelopes Parks and open space Easements Vehicle access including Council refuse collection Storm water management Increased noise from new development Environmental and heritage issues Hidden Costs A subdivision can take several months (and sometimes even years) to complete so you must factor in your holding costs such as: Interest Rates Land maintenance eg slashing and weed control

Many astute Developers make the purchase contract for the land subject to the acceptance of a Development application approval with Council. This is usually done with an option agreement (see your Solicitor for more information)

Dividing the land Before you rush out and build a new dividing fence in your backyard, you should first consult your local Council for specific guidelines and castings, as it is imperative that the property is divided correctly. Any errors at this stage will cause major problems further down the track.

The Process Most Councils require a Development/Planning Application to be lodged, together with details and drawings of your proposal. A Town Planner or Surveyor can assist you with this process, and they may also be able to give advice regarding conditions that the Council is likely to require.

Before lodgement of the Application, you can ask the Council for a Pre lodgement meeting to discuss your subdivision and determine what issues will need to be addressed in the Application. When the Council receives your application, they may require you to erect a notice board for public viewing. The purpose of the board is to alert the public of the proposal by providing details of the subdivision. The Council may also write to the owners of the residents of the neighbouring properties advising of your intentions. We suggest that you contact the Council to find out what procedures your local Council uses. Additional information the Council may require Water and sewerage: Are existing services available? Can the existing infrastructure cope with increased use or need upgrading? Is permission required from neighbours to access property? Storm Water How will storm water run off be managed? Is a drainage pit required? Are tanks required to regulate the flow of storm water? Noise Will existing main road traffic noise affect the subdivision? this be reduced? (Fences and/or earthworks) Soil Conditions design? Other issues If so, how will

Do the soil conditions (eg.sand, clay) impact on road and footpath

Footpath

Lighting

Signage

Issues for the Developer to consider For the Developer there are also other issues to consider such as: Wasted land due to unusual configurations Steep slopes Flood-prone land Other planning overlays (ie restrictions) Other factors that may reduce the number of lots and so profitability.

Approval of the Development Application The approval process for your Application may take several months depending on the complexity and size of the subdivision.

You will then be issued with a conditional approval covering topics such as: Developer to supply a plan of survey and mark land with survey pegs Road reserve Easements over stormwater, water and sewage mains Requirement that storm water pipes be designed to cope with a 1 in 100 year event . Dust control Hours of permitted work (usually Mon Sat 6:30am to 6:30pm) Headwork contributions to be paid by DeveloperOpen space (parks) Social infrastructureRoad infrastructureWater infrastructureSewerage infrastructureStreet scape contribution Disposal of cleared vegetation Entry walls or features Connection fees to live sewer mains Road (width, pavement depth, footpaths, kerb & channel, ramp profiles) Street lighting Fire Extinguisher (Battle axe blocks) Underground electricity and phone Erosion and silt management Maintenance period of roads Retaining walls Fire ant inspections Portable long service leave for Building & Construction IndustryIf you are not satisfied with the Councils decision, you may apply for a review.

Operational Works Before work can begin, you will need to engage the services of a Civil Engineer to design and draw the sewer, water, road, footpaths and any other Council requirements. This is a separate application usually referred to as Operational Works and attracts additional fees and charges. Final Stage All civil work will require Council and Engineering certification. When the subdivision has been completed to the satisfaction of the Council, you can then apply to register each separate title deed. Conclusion Land subdivision is a $mart way to fast track profits into your investment portfolio. However, as with all investment decisions, thorough research is necessary in order to balance the level of risk associated and ensure that the process runs as smoothly and quickly as possible, and that the best, most profitable outcome is achieved. The above is an extract of a document off our website. From my experience triple the estimated time and double the costs!!

AmandaBS http://www.propertydivas.com.au

Development in the Low Density Residential Area

Subdivision

The minimum lot size in a Low Density Residential Area (previously known as Res A) is 400m2 with a minimum of 10 metre frontage. The Council is not very supportive of applications for lots less than 400m2. If your property is located in a Low Density Residential Area and in the Demolition Control Precinct then the minimum lot size is 450m2 with a minimum frontage of 10m2. If you are creating a rear lot, then the minimum lot size is 600m2 excluding the vehicle access. A development application to the Council is required for any type of subdivision except amalgamation. Tip: There is a possibility for a minimum lot of 350m2 if one or more lots is larger than 400m2 allowing the preservation of an existing house on the larger lot. Please contact the Council or your town planner for clarification. Tip: If you are looking to purchase a property in Brisbane that has potential for subdivision, make sure that you look at properties above 800m2 with a frontage of 20m or over. Tip: If you purchase a property that has the potential for a subdivision and you would like to retain the existing house. Make sure that when the lot is subdivided into two smaller lots, the house can be sited in a way that complies with the setback requirements of the City Plan 2000. Tip: If you purchase a property in a demolition control precinct, make sure to check that the house on the block is not built prior to 1946. The Council is not very supportive of demolishing houses built prior to 1946. Click here and then click aerial photography 1946 to check if your house was build prior to 1946, there you can also check if your house is located in the demolition control precinct. Contact your town planner for advice on demolishing your property.

Material Change of Use House A house that complies with the self assessable acceptable solutions of the House Code does not require a development application to be made to Brisbane City Council. The house will need to be checked by a registered building certifier. Building a house in a Demolition Control Precinct requires a code assessable development application to Brisbane City Council. Tip: your house builder or architect will advise you if your house requires approval by the Council. Units/Townhouses If you are planning to build units or townhouses then the minimum lot size is 3000m2 with a minimum frontage of 40m. Gross floor area is no more than 0.3 times the site area and Building height at any point is no more than 8.5m above ground level and 2 storeys. A code assessable development application is required to be made to Brisbane City Council. Single Unit Dwelling Single unit dwellings are not supported by the Council in the Low Density Residential Area (they are supported in the Low-Medium Density Residential Area).