Nobelius

A Registered Licensed Surveyor is the only person with the legal capability to define/realign/amend/divide any Title Boundary/Easement/Restriction/Covenant within Victoria.

They are able to provide legal property advice relating to boundary locations, land status, land ownership, land rights/restrictions/interests, as well as defining and documenting boundaries and physical features.

Generally you will need some form of feature and level survey so a design can be developed for the land (taking into account the slope, services, trees, neighbouring dwellings etc.)

If you propose to build one dwelling on the site generally only a feature and level within 9m of the boundaries is required.

If you’re trying to further develop the land (subdivide) into more than one dwelling you will need a site analysis survey. This show at least 3 houses each side of the property, over the road and within 9m at the rear. The number of neighbouring houses shown in the survey is at Council discretion and changes between Councils.

This type of survey defines the legal property boundaries on the ground and produces a plan showing the relationship between the legal boundaries and the existing occupation (fencing).

This would be required in the following instances:

• Unsure of where the boundary is onsite and looking to erect a fence
• Questions arising regarding a boundary/fence with a neighbour
• Looking to build on or near a boundary and require a Building Permit (most Building Surveyors now require a Title Re-Establishment to verify design plans)
• Looking to further develop the land (subdivide)

Victorian legislation allows for claims to be made to the Registrar to amend Title Boundaries based on possessory rights.

This is a complicated and often ‘grey’ issue and is best talked through on a case by case basis, contact our office and explain the scenario for further advice.

This is the division of land into smaller parcels. Generally speaking, making an allowance for another dwelling/s.

This can be influenced by a range of factors, some include:

• Title Covenants/Restrictions/Section 173 Agreements
• Land Zone and/or overlays
• Council/Referral Authority restrictions and/or requirements
• Land size
• Land features and/or levels
• Site access

It is best to first speak with your local Council and get an idea if the zoning/overlays will allow any further development of your site, and if so contact us for the best course of action.

A very broad indication is that a 2-Lot Subdivision (already having a Town Planning Permit to Develop the land) will take around 6-12 months to complete.

This is subject to a number of different factors including:

• Council requirements (Planning Permit conditions)
• The Council
• How long it takes to complete necessary works and/or make payments required by Council/Referral Authorities
• How long it takes Council/Referral Authorities to perform tasks (issue Permit/consents/inspections/etc.)
• How long it takes Land Victoria to register the plan and issue the Titles

This is an Authority that provides land with the essential services.

These services  include:

• Electricity (AusNet Services, United Energy)
• Water/Sewerage (South East Water, Gippsland Water, City West Water)
• Drainage (Melbourne Water, West Gippsland Catchment Authority)
• Gas (Multinet Gas)
• VicRoads
• Telstra
• Council Engineering Department
• Council Environment Department

They generally have an interest in land developments and may require site works be done as part of the development before they will consent to Council giving its approval (i.e. install an electricity pit to service the newly created lot).

Surveying and Planning through Electronic Applications and Referrals.
This is an online database allowing Applicants, Councils, Referral Authorities and Land Victoria to lodge, manage, refer, approve and track subdivision and planning applications.

This provides both Councils and Land Surveyors a more timely and transparent process for the subdivision application.

The Subdivision Act 2004 states that any 3-Lot Subdivision, or a 2-Lot Subdivision deemed further subdividable can attract a requirement for a Public Open Space Contribution.

Contributions can be made by either:

• Setting aside land for Public Open Space; or
• Paying a percentage of the undeveloped site value of the land to the council, or
• A combination of both

This is a legal agreement Registered on Title to bind the existing and future land owners to specific Council Planning requirements, (i.e. the vacant land to be created as part of a subdivision application can only build what is already approved by Town Planning Permit xxxx).

Please refer to Services page for a list and example of our surveys.

Our office is in Pakenham (on Melbourne’s South-Eastern metropolitan fringe), and we perform the majority of our work in the South-Eastern suburbs, but we do travel to within around 100km of our office.

No, you are in need of a Registered Building Surveyor.