Dual occupancy homes in Australia and often in other jurisdictions must be built on subdivided land, but what exactly is a subdivision and why is it required?
What is Subdivision?
Private properties such as homes, single-family detached dwellings, tenement blocks, and other buildings are built on private land. That land may have easements for public utilities, for example, and there are often restrictions on the size and dimensions of a structure requiring sufficient distance from property lines to the building’s exterior walls, for example.
Subdivision is the act of dividing one plot of land into two or more separate properties. In effect, all it is is lines drawn on a cadastral map; in practise, it means an awful lot more than just that.
Subdivided land must be shown on cadastral mapping and is important for civil engineers, land surveyors, council planners, and naturally the property owner. It shows the legal boundaries of the subdivided land plots.
Types of Subdivision
In Australia, land can be subdivided in various ways. Two of the most commonly used subdivisions are Torrens title subdivision and strata title. Torrens title subdivision dates back to 1858 and is today the most common form of land ownership in Australia. In short, it treats each lot as a separate, independent plot of land.
Conversely, a strata title – commonly used by condominiums – involves shared ownership of common spaces. Typically, a strata title subdivision involves each landowner paying into a pooled strata fund for the maintenance and upkeep of the shared space, e.g. a garden, pool, fitness centre, etc.
There are legal differences between these types of subdivision that ought to be considered, but without getting too thick into the weeds it may be best to consult with a dual occupancy home developer that understands the process thoroughly and can guide you through the subdivision process.
Is Subdivision Necessary for Dual Occupancy Homes?
In states and territories across Australia, there are often laws in place as well as council planning and building code requirements and limitations as to what can be built on a single plot of land. A shed or granny flat in many cases can be built on a plot of land with an existing structure, but the constraints may be too limiting and it may simply be impossible or permissions may not be granted for the development of two homes.
Subdivision is required in order to legally separate ownership of each plot of land, and it is almost always required in order to obtain permission to develop a dual occupancy home. This also simplifies the transfer and sale of one or both properties since they are treated as separate. Without subdivision, the entire process can become quite complex and messy.
How to Subdivide Land for a Dual Occupancy Home
Subdividing a plot of land into two or more separate plots can be a lengthy process, even if at the end of the day it results in just a simple line or two being drawn on a cadastral map!
Typically, a land surveyor will need to survey the property boundaries and establish precise coordinates of the new boundaries using benchmarks, local council authorities will need to approve the subdivision, and there must be demonstrable compliance with building code regulations, zoning and planning laws, and the proposed developments must have adequate frontage, for example.
The process can be made much simpler with the assistance of a qualified and reputable dual occupancy home developer that specialises in the design and construction of beautiful dual occupancy homes such as Trevor Homes.
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