Green Title subdivision
In Western Australia Freehold land dealings are governed by the Transfer of Land Act 1893 ( TLA ), as amended. Successfully completing a Land subdivision can involve conforming with not only the TLA but also numerous legislative acts, eg:
– Transfer of Land Regulation 2004
– Land Administration Act 1997 (LAA), which deals with Crown Land
– Planning and Development act 2005 (P&D Act )
– Strata Titles Act 1985 as amended (STA)
– Licensed Surveyors Act 1909
Adhering to these requirements also sees numerous Government agencies involved in the subdivision process.
The majority of all small residential subdivisions will typically involve:
– Department of Planning, Lands and Heritage, namely; The Western Australian Planning Commission (WAPC)
– Local Government
– Water Corporation
– Western Power
- New titles are achieved prior to any new buildings
- The WAPC Conditional Approval is tied to the land and can be utilised should the property be sold
- The general public’s preferred type of land title to purchase
- Correct project planning and timeframes need to be considered
- All subdivision conditions need to be satisfied
- Easements may be required
- Expiry dates need to be noted
- Lot servicing costs
One of the main instruments used in completing a subdivision is the Title Plan. The core purpose of a Title Plan is to aid in legally defining and recording land boundaries and official land surveys completed by Licensed Land Surveyors. Historical Title Plans have seen many format changes including naming series; from Plans to Diagrams to Deposited Plans.
Currently all newly created Green Title Lots are prepared on a Deposited Plan. Some key components of a Deposited Plan include:
This section details the individual land parcels as defined by angles, distances and a calculated area. The land parcels are referred to as lots and identified with a lot number. The Lot number is only unique to that specific Title Plan.
Details of the newly placed boundary marks are also displayed. A typical boundary corner is identified on site with a wooden peg and the relevant lot number/s stamped on the top of the peg.
Title Plan Number
This is a unique number within the Title Plan series. The combination of the Title Plan type, Title Plan number and lot number create a unique reference to an individual land parcel.
Interests and Notifications
This panel is used to create and record any land restrictions, notifications, easements or other interests placed over the lots being created on the Deposited Plan.
Some typical examples are:
- Easements for service infrastructure
- Restriction of access
- Height limits
- Notification of aircraft noise or a mosquito breeding area
Typically, all Green Title subdivisions require planning approval which is completed with the Western Australian Planning Commission ( WAPC ). The approval process is commenced by lodging a Form 1A with WAPC and takes about 3 months to be issued. The process typically involves numerous Government agencies, namely; Water Corporation, Western Power and Local Government.
The majority of subdivisions completed through the WAPC are based on a “user pays system”, whereby the land developer pays to upgrade to existing infrastructure for the right to subdivide. These upgrades are defined as the “Conditions of Subdivision” and must all be completed to the satisfaction of the instructing agency before new land titles can be obtained.
Examples of conditions of subdivision can include:
Sewerage and water being available to all proposed lots.
Installation of underground power supply being available to all proposed lots.
All buildings being demolished and materials removed from the proposed new lots.
The majority of WAPC Conditional Subdivision Approvals are valid for 3 years. This gives the land developer up to 3 years to complete all the listed “Conditions of Subdivision”, including submitting the clearance approvals from each instructing agency to WAPC on a Form 1C.
Should this timeframe be exceeded a new application is required to be submitted to WAPC.
A typical small Green Title subdivision can be completed within approx. 6-9 months.