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Your guide to lodging a plan of subdivision

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Your guide to lodging a plan of subdivision

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									Your guide to
lodging a plan
of subdivision
This guide sets out the requirements for               You should ensure that the certificate
lodging a plan of subdivision for approval             of title has been made available before
under the Subdivision Act 1988.                        attempting to lodge your plan. You can do
A Subdivision Act plan is identified by the PS         this by phoning Land Victoria on
prefix in the plan number located at the top           (03) 8636 2010 (have the volume and folio
right of the plan.                                     numbers ready).

Documents you need
                                                      This section is to be completed by the
1. Plan of subdivision                                party lodging the application at Land
   This should be prepared on heavyweight             Victoria. Insert name, telephone number,
   paper and must be signed by the surveyor           postal address for the return of any
   and certified by the council.                      documents, your reference (if any) and
2. A transparency of each sheet of the plan           customer code. If you do not have a code,
   Please note that if the plan or the                one will be allocated and inserted by Land
   transparencies are creased or damaged              Victoria staff at time of lodgement.
   they may not be accepted.
3. Surveyor’s report                                  The volume and folio numbers of the
   Mandatory for all subdivision plans                certificate(s) of title for the land sought to
   including non-survey plans.                        be subdivided. If only part of the land in the
   No abstract of field records is required if        certificate of title please indicate
   the plan is not based on a survey (surveyor        (eg. Part of V.1234 F.456).
   should advise you of this).
4. Abstract of field records
   Must be supplied if the plan is based on a         Insert the full name(s) and address(es) of
   survey. If you do not have these you should        all the applicants. A ‘care of’ or ‘post office
   supply a reference to their whereabouts in         box number’ is not an acceptable address.
   Land Victoria.
5. An application (Form 10)                           The number of the plan of subdivision to
   The application can be purchased from              be registered; this is the PS number located
   Land Victoria. The application should be           at the top right-hand side of the council-
   typed or legibly written in ink. The use           certified plan. If the plan is a SPEAR plan
   of self-correcting typewriter ribbon or            (Streamlined Planning through Electronic
   correction fluid is not permitted. The back        Applications & Referrals) the SPEAR
   of the form must not be used; any order to         reference number should be referred to on
   register or consent of mortgagee should be         the application (eg. S 000083E).
   endorsed on the front of the application or
   on a separate A4 size page.
                                                      The name of the council.
6. Certificate of title
   Not a photocopy, which may be:
   (a) in your possession                             Date of application
   (b) already lodged at Land Victoria in a           The signatures of all the applicants/
       current dealing. In this case if another       solicitors or agent.
       party has produced the certificate of title
       they must endorse and sign an ‘order to
       register’ at the bottom of the PC form,        Any ‘orders to register’ and issuing
       or                                             instructions or consents see 6 (b) and (c)
   (c) held by a financial institution, solicitor     and Consents on the back of this guide.
       or other party who will endorse                Applicant(s) must sign the application
       an ‘order to register and issuing              but the signature(s) do not need to be
       instructions’ at the bottom of the PC          witnessed.
       form and make the certificate of title
       available at Land Victoria to enable you
       to lodge your plan. (In most instances        If there is insufficient space in any panel an
       the party making the certificate of title     Annexure Page (Form A1) must be used.
       available will charge a fee.)                 The back of the form must not be used.
 Consents                                          For more complex plans
If the land is subject to a mortgage, charge,      1. A plan of subdivision may be lodged for
lease, sub-lease or caveat, consent of the            two or more parcels of land each owned
mortgagee, chargee, annuitant, lessee,                by different parties (NICO Not in Common
sub-lessee or caveator must be supplied.              Ownership).
This may be endorsed on the front of the
application or a separate piece of paper,          2. If the certificates of title for the land being
which must include the instrument number              subdivided are produced or controlled
and refer to the PS number. It should either          by different parties — for example
be signed personally, by the duly appointed           each certificate of title is mortgaged
attorney(s), or by the affixing and attesting of      to a different bank — then explicit
the company seal.                                     instructions from the parties concerned
                                                      will be required for the issue of the new
 Agent for the mortgagee                              certificates of title for those lots.
 If the legal firm/agent acting for the
 first mortgagee makes the folio available
 and has an order to register and issuing
 instructions for the new folios to issue to
 them, they must state that they act on behalf
 of the mortgagee; otherwise consent of the
 mortgagee will be required.
 An order to register and issuing instructions
 from the first mortgagee will be accepted
 as consent.
 Customers should note that a formal consent
 from second and subsequent mortgagees or
 other interested parties is still required.

 What does it cost?
 The Land Victoria fees for registering your
 plan of subdivision are set out in the current
`Your guide to Subdivision Act fees’. Fees
 guides are available from Land Victoria
 (contact details below).
 Note, additional fees are payable if:
•   you lodge your plan by post
•   a document is ‘made available’ by another
    party (see 6(c)).

 Lodging your plan
 When you have all the necessary documents
 take them to the Plan Acceptance Officer,             Further Information
 Level 9, 570 Bourke Street, Melbourne to              Land Registration Services
 lodge your plan and pay the appropriate fee           Land Victoria
                                                       Level 9
                                                       570 Bourke Street
                                                       Melbourne, 3000
                                                       Telephone (03) 8636 2010
                                                       Office Hours 8:30am - 4:00pm

								
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