How to subdivide land with existing buildings or parking spaces

To do your own planning application for a subdivision of land into lots each containing an existing building or car parking space as a VicSmart application, the first step is to check if your application is eligible for the VicSmart process. This will ensure that your application meets the following criteria:

1. The buildings or car parking spaces have been constructed in accordance with the provisions of the planning scheme or a permit issued under the scheme; and
2. An occupancy permit or a certificate of final inspection has been issued under the Building Regulations in relation to the buildings within five year prior to the application for a permit for subdivision.
3. The land is in one of the following zones or overlays:
   • Any residential zone except the Low Density Residential Zone
   • Any industrial zone
   • Any commercial zone
   • Capital City Zone
   • Docklands Zone
   • Special Building Overlay
   • Heritage Overlay
4. Does not trigger a permit under another part of the planning scheme

It’s likely that you will also need a licensed surveyor and in most instances a lawyer or licensed conveyancer.

 Derived from Victoria Planning Provisions by the State of Victoria

Note:

If you know your application is egible for the VicSmart process, then you can:

Start an application