What is the Process for Green Title Subdivision?

What is Green Title?

Historically, the term Green Title comes from the practice of outlining freehold lots in green on old paper survey diagrams. Today, it refers to a standalone, independent land title created under the Transfer of Land Act 1893.

The key characteristic of a Green Title lot is that it has no common areas or shared services with adjoining properties. This means you own the land outright, including its street frontage and independent connections to essential services like water, sewerage, power, and gas.

This level of autonomy makes Green Title lots highly desirable for homeowners and developers alike.

The Green Title Subdivision Process

The process of a Green Title subdivision in WA involves several key stages, each requiring careful planning and adherence to regulations set by the Western Australian Planning Commission (WAPC) and various other authorities.

1. Initial Feasibility Assessment and Planning

Before anything else, it’s crucial to determine if your property is suitable for Green Title subdivision. This involves assessing:

• Residential Design Codes (R-Codes): These R codes dictate the minimum lot sizes, density, and other planning requirements for your specific zoning.
• Local Planning Scheme: Each local council has its own planning scheme that might influence subdivision possibilities.
• Existing Structures and Easements: The location of your current dwelling, existing easements (e.g., for drainage or utilities), and access points are critical factors.
• Service Availability: Can new, independent service connections (sewer, water, power) be easily provided to each proposed new lot? This is often a significant cost factor.

This initial assessment is where a skilled residential surveyor from Jurovich Surveying can provide invaluable advice, helping you understand your property’s potential and identify any challenges upfront.

2. Application to the Western Australian Planning Commission (WAPC)

Once feasibility is confirmed, the formal process begins with lodging a subdivision application (Form 1A) with the WAPC. This application must include a detailed survey plan and a proposed subdivision design.

The WAPC then refers the application to various government agencies, including the Water Corporation, Western Power, and your Local Government, for their review and recommendations.

This stage typically takes around three months.

3. WAPC Conditional Approval

Following their assessment, the WAPC will issue a ‘Conditional Approval’ for your subdivision. This approval outlines a list of conditions that must be satisfied before new titles can be issued. These conditions often relate to:

• Servicing: Ensuring each new lot has independent connections to water, sewerage, and power. This might involve significant infrastructure works like extending sewer lines or installing new power domes.
• Access: Creating suitable access points and crossovers to each new lot.
• Demolition/Clearance: If applicable, removing existing structures or clearing the land to prepare it for development.
• Public Open Space (POS): For larger subdivisions (typically five or more lots), a percentage of the land might need to be set aside for public open space.

4. Fulfilling Conditions and Obtaining Clearances

This is often the most time-consuming phase. You are responsible for carrying out the necessary works and obtaining clearance letters from each relevant agency confirming that their specific conditions have been met.

This could involve coordinating with various contractors and service providers. Jurovich Surveying can assist in managing these clearances, liaising with authorities on your behalf to streamline the process.

5. Field Survey and Deposited Plan Preparation

Once all conditions are satisfied and clearances obtained, a Licensed Surveyor will conduct a final field survey. This involves accurately re-establishing existing boundaries and placing new boundary marks for each proposed lot.

Based on this survey, a ‘Deposited Plan’ is prepared, which is the legal document defining the new lots, their dimensions, and any associated easements.

6. WAPC Endorsement and Landgate Lodgement

The endorsed Deposited Plan, along with all clearance letters, is then submitted to the WAPC for final endorsement. Once endorsed, the plan is lodged with Landgate, Western Australia’s land titling authority.

7. New Title Creation

Upon successful lodgement and registration at Landgate, new Certificates of Title are created for each of your newly subdivided Green Title lots. At this point, you can sell or develop the individual parcels of land.