Subdivision Certificate applications

Subdivision Certificate applications

Once you have complied with all of the conditions outlined in your development consent you will be in a position to apply for a Subdivision Certificate. Please follow the below process: 

Step 1.Engage a surveyor

You will need to engage a registered surveyor to prepare a subdivision plan and any associated documents required as set out in your consent. The subdivision plan and related documents will need to be lodged with NSW Land Registry Services for registration however before you can lodge the documents with NSW Land Registry Services you will need to apply for a Subdivision Certificate from Council. 

Step 2.Submit application for Subdivision Certificate to Council

In order to obtain Councils endorsement, you are required to lodge an application for Subdivision Certificate and demonstrate that you have complied with all of the conditions outlined in your consent. You must lodge your subdivision application through the NSW Planning Portal https://www.planningportal.nsw.gov.au/

Please submit the required documentation as outlined in the checklist.

Step 3.Acceptance of application

Once your application has been accepted you will receive notification from the NSW Planning Portal. Please note the reference which we recommend you quote in all communication with Council. Due to commercial in confidence we are unable to disclose any information in relation to a Subdivision Certificate application to any party other than the applicant.

Application fees will be determined by Council on lodgement of your application in the NSW Planning Portal and you will be forwarded an invoice. Your Subdivision Certificate will not be released until application fees have been paid.

For a list of application fees please refer to our Goods and Services Pricing Schedule

Step 4.Assessment Process

The Subdivision Certificate Team will send initial referrals to the following 4 teams within Council:

  • Land information unit

  • Development assessment

  • Engineering assessment

  • Building assessment

The documents submitted will be reviewed by each team to ensure compliance with the conditions of your development consent and Councils policies and procedures. Additional referrals to other teams within Council may be required and this will be determined by the assessing staff.

As part of the assessment process various assessing teams within Council will ascertain whether any additional fees or contributions are payable. We will notify the applicant as each internal team completes its assessment and advise of any outstanding requirements.

All correspondence and outstanding requirements should be uploaded to the NSW Planning Portal  https://www.planningportal.nsw.gov.au/

Step 5.Subdivision Certificate Issued

Once Council is satisfied that you have complied with all conditions of your consent we will be in a position to endorse the documents prepared by your surveyor and issue a Subdivision Certificate.

The documents will be executed by an authorised officer pursuant to Section 377 Local Government Act 1993. 

The endorsed documents will be uploaded to the NSW Planning Portal. These documents should be provided to your surveyor who should lodge electronically with Land Registry Services. 

Step 6.Lodge subdivision plans with Land Registry Services

Once your subdivision plans have been approved and endorsed by Council you should ensure that all parties have executed the documents.

You can now lodge the plans with NSW Land Registry Services.

Learn more on how a plan is registered

Property Dealing applications

Plans exempt from Subdivision Certificate

Certain developments may be exempt from Subdivision Certificate consent by legislation. Types of developments that may fall under the exempt criteria include:

  • plan of easement

  • plan of redefinition

  • boundary adjustment

  • plan of acquisition

  • plan of consolidation

Please refer to the registrar generals’ guidelines for more information.

While a Subdivision Certificate may not be required for these documents, you will require Council endorsement where the terms of any affecting interest require Council consent to release vary or modify an easement, restriction or positive covenant and/or the terms impose an obligation on Blacktown City Council as prescribed authority.

Application form - Property Dealing - Plans exempt from Subdivision Certificate(PDF, 157KB)

Easements and Restrictions

Council consent is required when releasing or creating an affecting interest where Council is burdened or benefited and/or the terms impose an obligation on Blacktown City Council as prescribed authority. 

Affecting interests include:

  • Easements

  • Profits à prendre

  • Restrictions on the use of land

  • Positive covenants.

For a list of application fees please refer to our Goods and Services Pricing Schedule

Creating affecting interests

Affecting interested can be created under the Conveyancing Act 1919:

  • Section 88B enables the creation of affecting interests upon the registration of a plan. The Section 88B Instrument must be lodged in association with a plan.   

  • Section 88E provides that a prescribed authority may impose a public positive covenant on any land not vested in the authority, whether or not the public positive covenant is annexed to other land.

Application form - Property Dealing - Section 88B or 88(PDF, 141KB)E

All correspondence and outstanding requirements should be sent to subdivisioncertificates@blacktown.nsw.gov.au 

Releasing affecting interests 

Where Council has an interest as prescribed authority, you can apply Council for endorsement of:

  • release or extinguishment of Positive Covenant

  • release or extinguishment of Restriction on the Use of Land

  • cancellation or extinguishment of Easement

  • transfer granting Easement.

All parties relating to the dominant tenement must sign together with any person specified in the creating instrument as having the right to release, vary or modify the easement or profit à prendre.

Application form - Property Dealing - Release of Restriction, Positive Covenant or Easement(PDF, 290KB)

Changes to our processes during the COVID-19 (Coronavirus) pandemic

We have a duty of care to protect the health and wellbeing of residents and staff in response to the global COVID-19 (coronavirus) pandemic.

These changes are necessary and we appreciate your patience and understanding during this difficult time.

Lodgement of Applications

We will no longer be accepting any physical documents. All Subdivision Certificate applications should be submitted via the NSW Planning Portal https://www.planningportal.nsw.gov.au/

Documents other than Subdivision Certificates, such as Property Dealings, should be submitted to subdivisions@blacktown.nsw.gov.au

must be submitted in PDF format and adhere to Council’s naming convention. For large documents we recommend using dropbox.

Fees

When you lodge your Subdivision Certificate application through the NSW Planning Portal, Council will check the application to ensure that all the required information has been provided. If the application is sufficient we will issue an invoice. Your Subdivision Certificate will not be lodged until application fees have been paid.

Section 73 Certificates

As Sydney Water staff are now working from home and will not be issuing physical Section 73 Certificates during the pandemic, the requirement for Council to sight original Section 73 Certificates has been temporarily waived. Please be aware that we may still need to validate the authenticity of your certificate with Sydney Water Corporation.