Subdivision legislation

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.

The Minister for Planning

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.

Local councils

Responsible for referring plans of subdivision to referral authorities, certifying plans and issuing statements of compliance.

Also carry out other related responsibilities.

Referral authorities

Usually water, power and gas authorities that may be given a plan of subdivision by a council.

Must inform the council that it either consents to the plan, requires specified alterations, or refuses consent.

The planning scheme sets out details of referral authorities.

The Department of Environment, Land, Water and Planning

Provides subdivision policy and legislation advice and support to the Minister for Planning.

The Victorian Civil and Administrative Tribunal (VCAT)

Deals with disputes relating to certification applications and other matters.

The Attorney-General is responsible for VCAT.

More information about VCAT

Related regulations

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.