A plan of subdivision is a three-dimensional plan that allows a piece of land, and its airspace, to be divided into multiple parts.
The multiple parts consist of private lots (which belong to individual owners), and common property (which belongs to the owners corporation).
The Subdivision Regulations 2011 specifies all the information that must be on a plan of subdivision, in order for it to be registered.
Information on the plan includes:
The three dimensional size and location of every lot, and the common property
A schedule of ‘lot liability’ and ‘lot entitlement’ which are used by the owners corporation to calculate individual fees and voting rights (more information below)
Easements and restrictions
Information that some services, such as plumbing or fire services, may belong to the owners corporation, even though they are not specifically drawn on the plan.
Who creates the plan of subdivision?
It is not a developer, or the owners corporation manager, who draws up, or decides on the specific information on the plan of subdivision. This is the role of a licensed surveyor, who must complete the plan of subdivision prior to the individual lots being sold - if the developer wishes to sell lots ‘off the plan’ before construction commences, this cannot happen until AFTER the plan of subdivision is completed. Just prior to the lots being settled and the owners being ready to move in, the plan of subdivision is then registered with Land Use Victoria.
When the plan of subdivision is registered, titles are assigned to each of the lots, and the owners corporation(s) responsible for the common property is created.
How can a plan of subdivision be changed?
The plan of subdivision can only be changed by a Unanimous Resolution, where 100% of lot owners are all in agreement.