The Land / Community Division Process

What to do first

• Prepare a simple plan of how you wish to divide the land. If you are wanting to create a Community division you will also need to include any common property on this plan.
• Contact the relevant Council and enquire about their planning requirements.

Surveyor

• The surveyor will prepare the Development Application form and lodge it with the Development Assessment Commission (DAC) for approval.
• They will carry out all of the necessary surveys to identify the boundaries and easements.
• They will then prepare a fully certified Land/Community Division plan.

If you have not yet chosen a surveyor, please contact our office and we can provide you with the names of surveyors that we deal with regularly.

The Development Application Assessment Process

Your surveyor will monitor the progress of the Application and advise when fees are required
to be paid.

• The Application is forwarded to the relevant Council, SA Water and any other Government body which may need to be consulted.
• The Development Assessment Commission is required to provide to the relevant Council a report including any requirements, generally relating to any road construction, provision of water, sewer and power services and open space.
• Once the Development Assessment Commission, SA Water and Council’s conditions are satisfied, the Development Assessment Commission will issue the final Land/Community Division Certificate of Approval to the surveyor, who will then forward it on to your conveyancer.

Conveyancer

The processes involved a Land division, as compared to a Community division, differ more as they get to the Conveyancing stage.

Land Division

• Your conveyancer will lodge the Land Division Plan at the land Titles Office for examination
  and approval.
• The Application document is prepared in accordance with the Land Division Plan and signed by the owner of the property. If there is a mortgage, encumbrance or caveat registered on the Title to the property, those relevant parties are also required to consent to the Application document.
• The Application is stamped and lodged at the Land Titles Office for examination and deposit.
• Upon the deposit of the Land Division Plan, the new Titles will be issued in accordance with the Land Division Plan.

Community Division

• Your conveyancer will engage a Valuer to prepare the statutory Lot Entitlement Sheet.
• The Community Division Plan will be lodged at the land Titles Office for examination and approval.
• The Application document is prepared in accordance with the Community Division Plan and signed by the owner of the property. If there is a mortgage, encumbrance or caveat registered on the Title to the property, those relevant parties are also required to consent to the Application document.
• By-Law documents are drafted and finalised in accordance with the Community Division.
• A Scheme Description may be required and therefore prepared in accordance with the Council’s approval and signed by them.
• The Application is stamped and lodged at the Land Titles Office for examination and deposit.
• Upon the deposit of the Community Division Plan, the new Titles will be issued in accordance with the Plan.

Call Eckermann Steinert Conveyancers for further details and information.