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…