The Subdivision Act 1988 provides the legal framework for the subdivision and consolidation of land, easements and restrictions, common property, and creation of owners corporations.
You will find information about the Subdivision Act 1988 on this page, as well as information about who is responsible for administering various parts of the Act.
View the Subdivision Act 1988.
Scope of the Act
The purpose of the Subdivision Act 1988 is to:
- Set out the procedure for the subdivision and consolidation of land, including buildings and airspace, and for the creation, variation or removal of easements or restrictions.
- Regulate the management of common property and the constitution and operation of owners corporations.
The main parts of the Act that the Minister for Planning is responsible for include:
- The procedure for certification of plans by councils.
- Statutory requirements for plans including the preparation of engineering plans, construction and maintenance of works, and making public open space requirements.
- The procedures for settling disputes.
Key roles and responsibilities
Carries out the functions of the local council if land is not in a municipal district.
Administers the Act except for Part 5 (which deals with owners corporations and section 43 (as it relates to Part 5) which are administered by Minister for Consumer Affairs, Gaming and Liquor Regulation.
Responsible for referring plans of subdivision to referral authorities, certifying plans and issuing statements of compliance.
Also carry out other related responsibilities.
Provides subdivision policy and legislation advice and support to the Minister for Planning.
Deals with disputes relating to certification applications and other matters.
The Attorney-General is responsible for VCAT.
In conjunction with the Subdivision Act 1988, the regulations listed below set out matters such as procedures and fees that are necessary for the Act to operate.
- Subdivision (Procedures) Regulations 2021
- Subdivision (Fees) Regulations 2016
- Subdivision (Registrar's Fees) Regulations 2016
- Subdivision (Registrar's Requirements) Regulations 2021
- Land titles and registering a plan of subdivision.
- Land titles, guides, plans of subdivision and consolidation and other information.
- Running an owners corporation, and the rights and responsibilities of members and manager, on the Consumer Affairs website.
Page last updated: 10/11/21