Kydon Segal Lawyers


Subdivison of Land

What is the difference between Torrens title subdivision, stratum subdivision and strata subdivision?

Land subdivision is the process of dividing one land parcel into two or more separate lots so that each new lot will have its own unique title, making each lot independent from the others. It is common for property developers to apply for the subdivision of land as subdivision may increase the maximum value of a property as it allows them to sell separate lots to different purchasers.

In NSW, there are three main types of property subdivision:
1.    Torrens title subdivision;
2.    Stratum subdivision; and
3.    Strata subdivision

Torrens title subdivision is where the owner of a registered lot is assumed to own both the air space above the land and the soil beneath the land to for the ordinary use and enjoyment of the land and the structures upon it.

Stratum subdivision is a type of Torrens title subdivision where two or more lots are created as “stratum lots” and these lots are limited in height or depth.

Strata subdivision involves the division of land in order to create strata lots which may also create common property. Common property may include driveways and communal areas of a residential building.

The Environmental Planning and Assessment Act governs the law relating to the subdivision of land in New South Wales. The Act defines subdivision of land as “the division of land into 2 or more parts that, after the division, would be obviously adapted for separate occupation, use or disposition”. Further to this, the Act provides that a plan of subdivision or a strata plan of subdivision must be submitted to the local Council for approval.

Assisting developers with subdivision of property is a key service that we offer here at Kydon Segal Lawyers. Contact our team today if you would like any further information, advice or assistance with respect to property subdivision.