This page gives an overview of the requirements for subdividing property in the City of Melville. It has information about different types of subdivisions, the subdivision application process, minimum lot sizes and strata titles.
Subdivision is the division or ‘cutting up’ of land into new lots, or the amalgamation of multiple lots into one larger lot. This process is controlled by the Western Australian Planning Commission (WAPC).
There are two basic types of subdivision:
- Freehold (green-title) subdivision; and
- Strata-title subdivision.
Freehold Subdivision
Properties that are created independently of each other in a freehold lot are also classed as ‘single house’ lots. Generally the land has no common areas that need to be shared (unless otherwise indicated on the certificate of title).
Strata Subdivision
Properties that are owned separately but form part of a group and often involve some ‘common property’.
The Subdivision Application Process
The Western Australian Planning Commission is responsible for approving all subdivision applications. As a part of the assessment process, they will refer applications to us, as well as other service agencies such as Western Power and the Water Corporation.
We will make a recommendation to the WAPC based on our Local Planning Scheme No. 6, the Operational Policy 1.1 Subdivision of Land – General Principles and Development Control Policy 2.2 Residential Subdivision, and local planning policies. Once the WAPC has received recommendations from us and relevant service providers, the WAPC may approve an application with or without conditions, or refuse an application.
Any application for subdivision needs to be lodged with the WAPC. You can find more information about the process, fees and forms on the WAPC website.
Subdivision Clearance Applications
What is a Subdivision Clearance? The approval of a subdivision application will usually be subject to conditions that are required to be met (or cleared) prior to lodging the plan for final approval from the Western Australian Planning Commission (WAPC) and applying for new titles.
Before the expiry of a subdivision approval, the applicant is required to contact the agency/authority (e.g. Local Government, Water Corporation, Main Roads etc) noted in brackets at the end of each condition on the WAPC approval letter, to clear the relevant conditions. This authority then provides written advice confirming that the WAPC's requirements outlined in the condition/s have been fulfilled.
A subdivision clearance application should only be lodged once all work has been completed to meet the conditions of subdivision approval. Applicants should also ensure that applications for clearance are lodged well in advance of the expiry date included on their WAPC Subdivision Approval.
New building work (for example, retaining walls greater than 500mm) or demolition that is required as part of a subdivision may also require other approvals before doing any work. This may include:
How do I apply for a Subdivision Clearance? Where Local Government conditions are to be cleared by the City of Melville, one copy of the following documents are required to be submitted:
- Cover letter to demonstrate how clearance of the relevant City of Melville local government conditions has been achieved including supporting evidence such as photographs;
- Diagram or plan of survey (Deposited/Survey Strata Plan);
- WAPC Subdivision Approval; and
- Staging Plan (if applicable) - Where a subdivision approval is proposed to be staged (e.g. residential estate), the deposited plans should be identified (e.g. highlighted) on the WAPC approved plan of subdivision and accompanied by a Staging Plan to assist in early consideration of deposited plans by the City and to demonstrate when and how approval conditions will be complied with.
The Subdivision Clearance Application fee is based on the number of lots to be cleared and can be found in our
Planning Application Fees Schedule. Subdivision clearance for 0-5 lots is $73.00 per lot. Please note that fees are not payable for POS, drainage, common property or balance title lots.
Subdivision clearance requests which are found to not be complete after a site inspection has been carried out may result in a refusal and therefore it is highly recommended that applications are not lodged until such time as the conditions have been satisfied. Please note that refusal will need to either lodge a new subdivision clearance application once the refusal reasons have been addressed, or if there is dispute over the clearance refusal reasons, a clearance request can be lodged to the Department of Planning, Lands and Heritage.
Required Lot Size for Subdivision The required lot size depends on the zone and density code which has been assigned to the property.
For residential subdivisions, the Residential Design Codes (R-Codes) sets out the minimum and average lot sizes. The table below provides a snapshot of the lots size requirements for single houses and grouped dwellings in the most common density codes in the City of Melville. In order to subdivide your property, you are generally required to meet both the minimum and average lot size as well as the minimum frontage.
Residential Density Code | Minimum Lot size (m2) | Average Lot size (m2) | Rear Battleaxe Lot (m2) | Minimum frontage (m) |
|---|
R12.5 | 700 | 800 | 762.5 | 17 |
R15 | 580 | 666 | 655 | 12 |
R17.5 | 500 | 571 | 587.5 | 12 |
R20 | 350 | 450 | 450 | 10 |
R30 | 260 | 300 | 410 | - |
R40 | 180 | 220 | 380 | - |
R60 | 120 | 150 | 380 | - |
The WAPC may approve a subdivision which does not meet the standards outlined above taking into account clause 5.1.1 of the R-Codes and the Development Control Policy 2.2 Residential Subdivision.
Granny Flats and Ancillary Dwellings
Under the provisions of the R-Codes, an ancillary dwelling, otherwise known as a granny flat, is permitted on single house lots which are more than 450m2 subject to meeting all other relevant provisions. A granny flat can not be subdivided from the main dwelling however it may be rented out to people who are not related to the occupants of the main house.
The R-Codes also allow for the minimum lot size to be reduced by up to one third to accommodate a single bedroom dwelling or an aged or dependent persons dwelling.
Strata Titles
A strata title is the most common title associated with town houses and home units. It is evidence of ownership of a unit (which is called a lot) in a strata plan.
A strata plan divides a building and its associated land into lots, each of which has a strata title, and usually common property.
Common property is the part of the land and building in the strata plan which does not form part of any unit, for instance, stairways, passages, driveways and carpark.
A Guide to Strata Titles
Landgate has produced 'A Guide to Strata Titles'. This guide is useful for anyone who lives in or owns or will be a prospective owner of a strata unit and includes information on:
- Rights and obligations of owners and the strata company:
- Insurance issues
- Renovations and/or additions to the property
- Standard by-laws.
Applying for a Strata Title
For information on how to apply for a strata title, visit the Landgate website.
You will be required to include with your application, either a BA10 Occupancy Permit (commercial buildings – use form BA9) or BA14 Building Approval Certificate (residential buildings – use form BA13) with your application for a strata plan or survey strata plan. For more information and to download the forms, visit the Department of Mines, Industry Regulation and Safety website.
Conversion of Strata Plans
If you wish to convert an existing strata plan to a survey-strata plan, please contact Landgate.
The advice on this page is a general guide only. We encourage you to contact us to if you have questions regarding a specific project. A planning officer is available during business hours to provide advice on a range of matters either in person, over the phone, or by email. Depending on the complexity of the advice being sought, we may ask you to lodge a request for written advice and a fee of $73 will apply.