Frequently Asked Questions

A Title Re-Establishment Survey establishes and marks the legal position of your property boundaries on the ground. Common instances where a Title Re-Establishment Survey is required include:

• During construction – building, extending, or fencing (including re-fencing)
• When buying or selling property
• If there is a dispute as to where the boundary lies
• If there is an accusation of encroachment over a property boundary
• If your property contains an easement

Not necessarily! Fences are intended to be a representation of boundaries, but that doesn't mean that they've been constructed in the correct position. In instances where boundary position is critical (say for example, if you are building close to your boundary), getting a Re-Establishment survey to verify the position of your boundaries in relation to the fencing, can be a cheap piece of insurance.

Aerial imagery is a digital representation only, that should not be relied upon for boundary position. Aerial imagery is overlaid onto the cadastre as a 'best fit', however it doesn't consider that the earth is round. For this reason, aerial imagery cannot perfectly represent boundaries. We have seen instances where aerial imagery shows boundaries up to 20m out of position!

Many factors go in to costing up a survey. Factors include:

• Type of survey
• Complexity of survey
• Land features (size, topography, vegetation, and other features)
• Accessibility
• Geographical location
• Age of Title
• Availability of survey information within the area
• The type of survey required and the purpose of the survey

Each project needs to be assessed on a case-by-case basis.

Many factors influence the amount of time taken to complete a survey. Factors include:

• Type of survey
• Complexity of survey
• Land features (size, topography, vegetation, and other features)
• Accessibility
• Geographical location
• Age of Title
• Availability of survey information within the area
• The type of survey required and the purpose of the survey, which directly influences the amount of data needing to be collected

In any instance where your Title is concerned. This includes understanding where the property boundaries are, changing your property boundaries (e.g. subdivision or consolidation), claiming land under adverse possession, and creating/removing an easement. A non-Licensed Surveyor is not qualified to undertake work involving Title.

The Surveyors Registration Board of Victoria contains a register of all Licensed Surveyors in Victoria.

Land surveying is, put simply, the process of measuring and mapping land at high accuracy. The type of survey being undertaken dictates what is measured and mapped. Surveyors use specialist instruments and equipment to gather data about the land, which is then used to produce a report or Plan that displays the data.

Different types of land surveys and matters a surveyor can assist with include:

• Feature & Level survey – measures the contours of the land, as well as all the existing features (e.g. vegetation, structures, hard stand surfaces, above-ground services, fences, etc.)
• Re-Establishment survey – determines the accurate position of the Title boundaries, especially in relation to the fences/walls that define the property
• Set-out survey – transfers a building (or other) design on to the land, in its position relative to a known feature, and at scale, so builders can easily follow the design
• Subdivision – the process of creating new parcels of land, or modifying an existing Title boundary (this is called a re-subdivision or re-alignment)
• Consolidation – the process of combining parcels of land
• Easements – creating, removing, or amending easements
• Engineering surveys – quantity surveys, drone surveys, as-constructed surveys
• Adverse Possession – the process of claiming land you've occupied for a significant amount of time
• Road Closure – closing and purchasing unused government road abutting your property, such that it can be added to your Title

Other services a land surveyor might provide include:

• Project management
• Town planning
• Consultancy

A Licensed Surveyor is a Surveyor who has undertaken additional training and completed a professional training agreement, to become registered and Licensed, thereby giving them the authority to perform cadastral surveys. A Licensed Surveyor is the only person legally entitled to define and mark boundaries.

Land surveyors focus on the spatial elements of the site. Building surveyors focus on the legal side of building, ensuring permits and approvals are in place and construction occurs in accordance with the relevant legislation and standards.

A good rule of thumb is:

• A Planning Permit is about whether you're allowed to use or develop the land in a particular way under local Planning rules.
• A Building Permit is about how the work is constructed, and ensuring it complies with building codes and safety standards.

Depending on the project, you may need one, both, or neither. We can assist you with obtaining a Planning Permit, however if you need a Building Permit, you will need to engage a Building Surveyor.

Subdividing land is a fairly involved process. Generally speaking, in a residential context, the process takes upwards of a year, and a lot of work. Most subdivisions first require Council approval via a Planning Permit, and will then require some construction to ensure the land is appropriately serviced.

You should first assess if the land is suitable for subdivision. Things to consider include:

• Planning Controls (Zones and Overlays) that apply to the land
• Size of the land
• The features of the land (e.g. topography, built form, vegetation)
• Accessibility
• If the land can be built on
• Neighbourhood precedent
• The land's agricultural significance
• Anything listed on your Title which might prohibit subdivision or needs to be taken into account (e.g. a restrictive covenant stating only one dwelling will be permitted on the land).

The Zones and Overlays applying to the land play a huge part in this initial assessment. Many Zones specify a minimum lot size; all Zones and Overlays specify certain requirements that must be met, and uses/activities which can occur on the land. If each proposed Lot can't meet the minimum Lot size and other requirements, subdivision might become tricky, or even not possible.

The features of the land can also dictate the complexity of subdivision. If the land is quite steep, heavily vegetated, or existing structures (e.g. house) are positioned inconveniently on the land, this can present challenges. It's not to say that subdivision can't occur, but it might become complex and costly.

We strongly suggest that you do your homework to ascertain if subdivision is possible, but also if it is going to be worthwhile.

The process of subdivision can be broken down into 5 main steps:

1. The planning phase – you should have some idea of the type of subdivision you are undertaking, and what your goal end-outcome is. You may already have a clear picture of what you want out of the subdivision, or you may not – we can consult with you on this.
2. Initial site survey – generally speaking, most subdivision applications to Council need to be accompanied by a site survey plan. The Plan will need to show the boundaries and existing features of the land, to give Council some understanding of the land. At this point also, we would prepare a Plan of Proposed Subdivision, to display to Council the desired subdivision configuration. This Plan will need to show Lot areas, dimensions, and relationship to existing site features that will be retained through the subdivision.
3. Planning Permit Application for subdivision submitted – an Application is made to Council, with all accompanying documents. Generally, this includes a copy of Title, a Site Plan showing existing conditions, a Proposed Plan of Subdivision, and a detailed report providing information on the land, the proposal, and how the proposal satisfies all of the relevant requirements of the applicable Zones, Overlays, State and Local Policy, and anything else relevant. The Planning process has several steps, usually requiring the Application to be publicly advertised, before Council makes a Decision – either granting or refusing a Permit. A Permit will contain a number of Conditions that need to be met through the subdivision in the next step.
4. Plan of Subdivision submitted to Council for Certification and Statement of Compliance – once a Planning Permit is issued, we will undertake a formal Title Surround Survey and prepare a Plan of Subdivision. This is submitted to Council. There are two sub-steps:
   • Certification – Certification can be thought of as an administrative milestone. Council and all servicing authorities must be satisfied that the Plan of Subdivision accurately represents the approved subdivision, and shows any existing easements plus any easements that need to be created as part of the subdivision. The Planning Permit may also contain other Conditions that need to be satisfied prior to Certification – generally this may include additional plans (e.g. engineering design plans). Once the Plan of Subdivision is correct and all 'prior to Certification' Conditions have been satisfied, Council will Certify the Plan of Subdivision.
   • Statement of Compliance – Statement of Compliance (SOC) can be thought of as the 'works' part of the subdivision. Works required may include constructing new services such that each Lot is independently serviced (this may also include rearrangement of existing services to ensure no services cross the boundary created by the subdivision), construction of engineering-related items (crossovers, stormwater/drainage infrastructure, etc.), registration of legal agreements, payment of levies, and others. Once all of the 'prior to Statement of Compliance' Conditions have been satisfied, and all servicing authorities are satisfied that each Lot is satisfactorily serviced, Council will issue Statement of Compliance.
5. Lodgement at Titles Office for registration of subdivision and issuing of new Titles – at this point, all survey documentation is finalised (including supplementary survey plans and reports that are purely for the purposes of registration), and all documentation is released to your nominated solicitor or conveyancer.

When done properly, subdivisions can be a lucrative and rewarding investment. However if you've not done one before, it can seem overwhelming. The process can also quickly become tricky and costly. Investing in consultants will help this process significantly.

We can help you through the process from start to finish. As we work with Councils all the time, we understand the subdivision process and requirements, and will be able to assist you through the process.

Each development will vary in price. Factors to take into account include:

• Consultant fees – Licensed Surveyor, Town Planner, Conveyancer/Solicitor, engineer, and any other specialist consultant that may be required (e.g. arborist, or bushfire risk expert)
• Council fees
• Servicing costs – it is important to understand that each Lot in a subdivision needs to be independently serviced with all available services, to the relevant standard at the time. This may also include upgrading of existing services to bring them up to the current standard, or rearrangement of existing services to ensure no private services cross the boundaries created by the subdivision
• Construction costs – generally each Lot will need its own crossover, you may need to construct stormwater/drainage infrastructure, you may need to remove trees or structures

How long is a piece of string?! Each development varies in time due to factors both within and outside of your control. The Planning Permit process can vary in time depending on the complexity of the project, and how many Applications Council are assessing at the time. Post-Permit, the process can vary in time depending on how quickly the Permit holder can satisfy all of the Permit Conditions.