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: 

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)

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

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)

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.

Our Administration Centre is closed until further notice and we have ceased all face-to-face customer service including the Development Services Gateway counter.

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 application forms should be submitted via email to subdivisioncertificates@blacktown.nsw.gov.au. Documents must be submitted in PDF format and adhere to Council’s naming convention. For large documents we recommend using dropbox.

Fees

Subdivision Certificate (SC) application fees are no longer required to be paid on lodgement. Once you have provided all required documents and your application has been accepted, Council will issue a Tax Invoice to the applicant and provide you with your SC reference number. Your Subdivision Certificate will not be released 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.

Endorsement of Documents

Once Council have finalised the assessment of your application, we will require a clean PDF copy of the documents to be endorsed. This means that there should be no signatures or handwriting on the documents.

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

We will email electronic copies of the endorsed documents to the applicant and the surveyor listed on the Administration Sheet. These documents should be lodged electronically with Land Registry Services by your surveyor.

The original endorsed documents will be sent via express post to your surveyor.