Subdivision Act 1988 (Vic)

Legislation au Victorian Legislation - Acts (VICLegAct) V I C T O R I A N L E G I S L A T I O N

Legislation content

Version No. 083

Subdivision Act 1988

No. 53 of 1988

Version incorporating amendments as at


21 May 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1What are the purposes of this Act?

2When does this Act commence?

3Definitions

4What does this Act apply to?

5The procedure for certification and registration of plans

Part 2—Certification of plans

6What must the Council do?

7How long does certification last?

7ANotifications following certifications in relation to land in respect of which there is a levy recording

8When must the Council refer a plan to a referral authority?

9What must a referral authority do?

10Council may require alterations

11Council may consent to the amendment of a certified plan

11ACouncil and referral authority may ask for information

11BAmendment to plan sealed by council

12Plan must show easements and other rights

13Certification evidence of compliance with Act

Part 3—Statutory requirements for plans

14Application of Part

15Council or referral authority may require an engineering plan for works

16Works must comply with standards

17Construction and maintenance of works

18Council may require public open space

18ARequirement for public open space in planning scheme

19Valuation of land for public open space

20What must the Council do with public open space?

20ALand to be marked out

21Statement of compliance with statutory requirements

21AEnforcement of agreements

Part 4—Registration of certified plans

22When can the Registrar register a plan?

22ARegistrar may require documents and information

22BRegistrar to refuse registration if documents or evidence not supplied

23What if a planning scheme directs the creation, removal or variation of rights?

24What is the effect of registration?

24AReserves and other similar land

25Notification of Councils and referral authorities

26Boundary plans

Part 5—Subdivisions with owners corporations

Division 1—Creation of owners corporation

27How is an owners corporation created?

27AIf there is common property an owners corporation must be created

27BPurposes of an unlimited owners corporation

27CLimited owners corporations

27DRestriction on creation of owners corporations

27ECreation of rules

27EAInitial owner to engage surveyor

27FPlan must specify lot entitlement and lot liability

27GPlan may specify limitations

27HRegistrar to record information

28Creation of owners corporation

29Owners corporation excluded from Corporations legislation

Division 2—Common property

30Vesting of common property

31Registrar must create folio of Register for common property

31ADealings in common property

Division 3—Alteration of a subdivision

32Powers to alter subdivision

32AAPowers do not apply to certain changes relating to common property

32ABNo power to compulsorily acquire

32ACCreation of roads and reserves

32ADRegistration of plan

32AELot liability and lot entitlement

32AFLand to which powers may apply

32AGDissolution of owners corporation

32AHMerger of owners corporations

32AIConsolidation, subdivision or alteration

32AJRestriction on alteration to plan

32AKIdentity of owners corporation not affected by alteration of plan

32ALRegistration of plan of consolidation

Division 4—General provisions relating to plans

32ATotal consolidation or re-subdivision

32BNew plan may create owners corporation

33How can lot entitlement and liability be altered?

34Recording of changes to a plan

Division 5—Disputes and other proceedings relating to owners corporations

34ADisputes relating to owners corporations—general

34BDisputes about easements

34CVCAT may refer matter to County Court

34DApplications…

Continue reading Subdivision Act 1988 (Vic)

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.