How Should A Block Be Subdivided Under Legal Norms?

Subdividing the block can solve the payment of home loans in smaller amounts, as well as enable the homeowners to earn some more cash. However, subdividing the block should be done correctly by following the legal and correct procedures to be safe from financial loss. Keep in mind, that a successful block subdivision needs detailed information, permits and active involvement of all concerned bodies.

The process is complex and the connected legal procedures related to property ownership and land development have to be compulsorily dealt with only by professionals, especially surveyors, lawyers, and contractors.

How Should A Block be Subdivided?

We shall now go into some depth, which is somewhat legal advice assisting in acquiring a clear picture of how a block should be successfully subdivided.

Feasibility

Learn everything involved in a block subdivision project. Department of Planning, in partnership with the Western Australian Planning Commission (WPAC), has put together a government website for Perth and WA. This useful website is information-stuffed. You can even learn about plans, applications, and policies to understand all the involved elements.

Planning

1. To learn in more detail about the subdividing process regarding certification, permits, and compliance for your local area; go ahead to consult with your local council, town planner, and Licensed Surveyor. Talk about your plans so they can establish the possibilities on the basis of the property size, proximity to neighbors, zoning laws, and more. Being professionals, they can better guide you on the whole process and explain the timelines, costs, and everything in connection. From this conversation, you can understand whether you already had the ideas, time, and capacity needed for undertaking this part of the whole project.
2. The WPAC will be approving the subdivision, but the approval will be subject to conditions. The surveyors can create a subdivision design to maximize the property's full potential. Next, they will apply to the WPAC on your behalf.
3. Next onwards, various authorities, including the local government, Western Power, and Water Corporation will receive reference to this application.
4. After that, the block subdivision will be conditionally subjected to various requirements like providing services, demolitions, and removals wherever required. There is a high chance that easements, notifications, and covenants might be imposed.

Surveys

1. A Registered Licensed Surveyor will be surveying the property, in order to establish the new lot boundaries to create separate land titles. It is a part of the process.
2. For various WPAC conditions, the clearance requests are determined. Next, following this process, a plan for clearance collection will be lodged with WPAC.

Subdivision Process

1. Application/Assessment
   a - An application, Form 1A is submitted to the WPAC to the block owner.
   b - WPAC refers the application to the local authority and other servicing agencies for application assessment.
   c - Within 42 days, the application will be assessed. The local authority and servicing agencies will recommend to the WPAC regarding servicing requirements.
2. Notification
   a - The block owner, the local authority, and surveyors will receive conditional approval from the WPAC.
   b - The block owner also receives an invitation for entering into an agreement, that is within 21 days of receipt of conditional approval.
3. Agreement
   a - The block owner has to return the completed request for agreement form to the issuing authority.
   b - The agreement is prepared within 35 days of receipt of the request. It details all the requirements compulsory to be c - c - c - fulfilled. It could include the details of land servicing requirements, along with fees and charges.
4. Clearance
   a - The block owner has to address all the agreement's requirements. The agreement will contain a checklist to follow.
   b - Once all the checklist items are completed, the block owner has to submit the checklist and associated documents by filling out an application form.
   c - The local authorities and servicing agencies will confirm the acceptance of these items and send the tax invoice for payment to the block owner.
   d - After the payment is cleared, then a clearance will be issued to the block owner within 5 working days.
   e - Until all items are accepted and payments are made, clearance will not be granted.
5. Final Approval
   a - The block owner will have to submit all clearances to WPAC.
   b - WPAC will be issuing final approval.
   c - Then the block owner can apply for land titles.

Seeking the assistance of a town planner or a surveyor is mandatory while subdividing a land block. The professionals can offer advice regarding the feasibility of the proposed subdivision, the amount to spend, and the issues likely to crop up while the subdivision process is being conducted. A few legal issues surrounding subdivisions are likely to be fairly complex but can be smoothed out when legal advice is taken from surveyors and lawyers before proceeding.