Torrens Title & Strata Subdivision Approval
Subdividing land into separate Torrens titles, or subdividing a building into separately owned strata lots - for example splitting an approved dual occupancy or multi dwelling development into individually owned lots - is a distinct approval from the development consent for the dwellings themselves. Minimum lot size and frontage, vehicle access, and servicing requirements covering stormwater, easements and utility connections all apply. Some councils do not permit Torrens subdivision of a dual occupancy at all, so this needs to be confirmed for your specific council before it is treated as an achievable step in your project.
Free consultation
- 1-2 weeks for a feasibility check; 6-16 weeks to registration
- From $2,600 + GST depending on subdivision type and number of lots
- Quoted fixed after a free scope check
Building approval and subdivision are two different questions
Getting development consent to build two, three or more dwellings answers the question of whether they can be built. It does not automatically answer whether they can later be sold or owned as separate titled lots. That is a distinct approval, assessed against its own set of requirements around lot size, frontage, access and servicing.
Where councils differ
This is one of the clearer examples of council-to-council variation in the NSW planning system. Some councils readily support Torrens subdivision of a dual occupancy into two lots; others do not permit it at all, preferring the dwellings remain under one title indefinitely. Neither position is unusual - it is simply something that has to be confirmed for your specific council rather than assumed from what a friend's project achieved elsewhere.
The technical detail that usually decides it
Beyond council policy, minimum lot size and frontage, vehicle access to each new lot, and servicing - stormwater, easements, and independent utility connections - are the practical requirements that determine whether a subdivision can proceed cleanly, and often shape how the lots are laid out from the very start of design.
How it works
Feasibility check
3-5 business days
Confirming whether your council permits the subdivision type sought, and checking minimum lot size and frontage against the proposal.
Servicing and access review
1-2 weeks
Stormwater, easements and utility connection requirements assessed with a surveyor or civil engineer.
Documentation
2-4 weeks
Subdivision plans and supporting reports prepared for lodgement.
Approval and registration
6-16 weeks
Managing council or an accredited certifier through to the subdivision certificate and title registration.
What we take off your hands
What EHUP handles
- Confirming whether your council permits the type of subdivision you are planning
- Checking minimum lot size, frontage and vehicle access requirements for the proposed lots
- Coordinating stormwater, easement and utility connection requirements with your surveyor
- Preparing and lodging the subdivision application
- Managing council or accredited certifier processes through to registration
- Advising early where a subdivision strategy is unlikely to be achievable
What you don't have to deal with
- Assuming subdivision is automatically available once the dwellings themselves are approved
- Discovering a servicing or easement problem after titles have been marketed or sold off the plan
Frequently asked questions
Can I always strata subdivide a dual occupancy once it is approved and built?
No. Some councils do not permit Torrens subdivision of a dual occupancy at all, treating it as a use that must remain under one title. This varies council by council, so it needs to be checked against your specific local government area before it becomes part of your financial plan for the project.
What is the difference between Torrens and strata subdivision?
Torrens subdivision splits land itself into separate titled lots, each with its own boundaries. Strata subdivision splits a building into separately owned lots with shared common property, which is the usual approach for splitting up dwellings that share a building or structure rather than sitting on clearly separated land.
What servicing issues most often hold up a subdivision?
Stormwater drainage arrangements between the new lots, easements needed for shared services or access, and confirming each new lot has an adequate, independent utility connection are the issues that most commonly need resolving before a subdivision certificate can be issued.
Should subdivision be part of the original development application?
It can be staged either way, and the right approach depends on your project. Sometimes subdivision is sought as part of the original DA, and sometimes it follows as a separate application once the dwellings are built. We advise on the sequencing that suits your finance and sale strategy.
Related services
Dual Occupancies
A dual occupancy is two dwellings, attached or detached, on a single lot.
Multi Dwelling Housing
Multi dwelling housing is three or more dwellings on a single lot, commonly villas or townhouses grouped around a shared driveway or common property, held under one title until it is subdivided.
Single Dwellings
A dwelling house is the most common residential land use in NSW and is generally permitted with consent in the standard residential zones, unless your council's LEP specifically prohibits it on that land.
Why clients choose EHUP
- 10+
- 250+
- 14
- 1
Not sure which approval you need?
Tell us the address and what you want to do. We'll help identify the appropriate planning pathway, whether it is exempt development, complying development or a full DA. Your first conversation is free.