Subdivision of property

Each state and territory has its own laws and regulations governing the subdivision of land. This legislation specifies procedures for subdivision and consolidation of land, buildings and airspace, as well as the procedures for creating, varying or removing easements or restrictions.

Australian law stipulates that it is illegal to sell a piece of land unless the land has, or is entitled to have, its own separate title from the date of the contract of sale. This means that land intended for future subdivision cannot be sold until a plan of subdivision is actually registered.  It is important to assess these implications before advising on the suitability of property.

Appendix 2 State Property Legislation lists all the major legislation for each state and provides references to their websites so that you can access them for more detail, should you require.

They include the following subdivision legislation:


Under the above legislation, subdivision of land or airspace is generally achieved in the following forms of company share, stratum unit, strata title and community title which are discussed in the next topics.