Step-by-Step Guide to Land Subdivision in NSW

Land subdivision in NSW is one of the most regulated processes in property development. It involves surveying, planning approvals, legal checks, and final registration with NSW Land Registry Services. Whether you're a developer, builder, or landowner, understanding each stage early helps prevent delays, unexpected costs, and compliance issues.

This guide explains the complete NSW land subdivision process, from the initial boundary survey to the moment new titles are issued.

What Is Land Subdivision?

Subdivision is the legal creation of two or more new lots from an existing parcel of land. Each new lot receives its own title and can be sold, transferred, or developed independently.

Under NSW law, only a Registered Surveyor can prepare and certify subdivision plans.

Astra Spatial provides end-to-end subdivision surveying — from feasibility through to LRS registration.
 Learn more: https://www.astraspatial.com.au/services

Step-by-Step Process for Subdivision in NSW

1. Initial Site Assessment & Boundary Survey

Every subdivision begins with confirming the legal boundaries of your land.

A Boundary & Cadastral Survey identifies:

• True property boundaries
• Encroachments or inaccuracies
• Easements or rights-of-way
• Any constraints affecting subdivision potential

This eliminates early risk and ensures the proposed subdivision complies with legislation and zoning.

2. Detail & Topographic Survey

A Detail/Topographic Survey maps all physical and natural site features, including:

• Levels and contours
• Vegetation
• Existing structures
• Utility locations
• Site slope and drainage paths

This data is critical for engineering design, subdivision layout planning and compliance with stormwater, access and asset-protection requirements.

3. Subdivision Feasibility & Concept Layout

Your surveyor and planner assess:

• Zoning and minimum lot size
• Access requirements
• Utility availability
• Possible easements
• Environmental or heritage constraints

A preliminary subdivision layout can then be prepared to support a Development Application (DA) or Complying Development Certificate (CDC).

This step helps you determine viability before investing in design and approvals.

4. Development Application (DA) or Complying Development Certificate (CDC)

Most subdivisions in NSW require a DA lodged through your local council.
 Some smaller, simpler subdivisions may be eligible for a CDC via a private certifier.

This approval phase considers:

• Lot sizes
• Access and driveways
• Stormwater and drainage design
• Bushfire or flood risk
• Environmental impact

Official reference: NSW Planning Portal – Subdivision Requirements

5. Civil Works (If Required)

Depending on the conditions of approval, you may need to complete works such as:

• New access roads or driveways
• Utility upgrades (water, sewer, stormwater, electricity)
• Retaining walls
• Earthworks or site levelling

A Construction Setout Survey ensures every element is built exactly to plan.

6. Final Subdivision Survey & Preparation of the Plan of Subdivision

After works are complete, the Registered Surveyor prepares:

• Deposited Plan (DP)
• Final Subdivision Survey
• Surveyor’s Certificate
• Section 88B instrument (easements, restrictions & rights-of-access)

These documents must comply with the Surveying and Spatial Information Regulation 2024.

7. Subdivision Certificate (Council or Certifier)

Your final plan is submitted to council or your certifier to obtain a Subdivision Certificate, confirming:

• All DA or CDC conditions are satisfied
• Required works have been completed
• Plans meet legislative and technical standards

This certificate is mandatory before registration with NSW Land Registry Services.

8. Lodgement & Registration with NSW Land Registry Services (LRS)

Astra Spatial lodges the approved subdivision plan with NSW LRS. Once processed, LRS issues:

• New titles for each lot
• Officially registered subdivision plans

At this point, each lot can be legally sold, transferred, or built upon.

What You Receive at the End of the Subdivision Process

Clients typically receive:

• Registered Deposited Plan
• Certificate of Title for each new lot
• Section 88B instrument
• Final survey documentation
• Compliance certificates

This ensures full legal recognition of each lot and prevents issues at settlement or during future development.

Why Work With a Registered Surveyor?

Subdivision is one of the highest-risk stages of property development.
 Using an experienced Registered Surveyor means:

✔ Fewer delays and reworks
 ✔ Accurate legal boundaries
 ✔ Fully compliant subdivision documentation
 ✔ Faster approvals due to correct lodgements
 ✔ Clear communication with councils, certifiers, and engineers

Astra Spatial’s team brings decades of cadastral and land-development experience across NSW and SA, with all NSW subdivision work completed by Registered Surveyors.

Frequently Asked Questions

1. How long does a subdivision take in NSW?

Simple two-lot subdivisions: 3–6 months
Larger or complex sites: 6–18 months

2. What surveys are required?

Most subdivisions require:

• Boundary & Cadastral Survey
• Detail/Topographic Survey
• Final Subdivision Survey

Additional surveys (e.g., utility locating or drone mapping) may be needed depending on your site.

3. What is the minimum lot size?

Minimum lot size varies by zoning and council. Your Local Environmental Plan (LEP) determines what’s permissible.

4. Do I need a DA or CDC?

Most subdivisions require a DA.
 CDC applies only to low-impact, compliant developments.

5. What is a Section 88B?

A legal document used to create easements, restrictions, covenants and rights-of-access on the new lots.

6. What does a subdivision survey cost?

Costs vary depending on:

• Number of lots
• Survey complexity
• Site conditions
• Required civil works

A site assessment is needed for an accurate estimate.

7. Can I sell a lot before subdivision is complete?

You can enter a contract, but settlement cannot occur until titles are registered with NSW LRS.

8. What is a pre-examination by NSW Land Registry Services 

Before formal registration, NSW Land Registry Services may conduct a pre-examination of your subdivision plan. This review checks that the plan, certificates and Section 88B instrument meet all legislative and technical requirements. Identifying issues at this stage helps prevent delays, requisitions and additional lodgement fees.

9. Does subdivision increase property value?

Often yes. Subdivision can unlock development potential and increase site yield — but feasibility must be assessed first.

10. What happens if there are encroachments?

Your surveyor will identify them early. Solutions may include boundary adjustments, easements, or design revisions.

11. Can subdivision be refused?

Yes, if lot sizes, access, drainage or zoning requirements are not met. A proper feasibility review reduces this risk significantly.

Start Your Subdivision With Confidence

Astra Spatial delivers precise, compliant, end-to-end subdivision surveying for Sydney, Greater NSW, and Adelaide.

Contact us for a subdivision assessment: https://www.astraspatial.com.au/contact-us
Explore our services: https://www.astraspatial.com.au/services