Duplex Subdivision NSW — Request a Quotation

---

Building a duplex and creating two Torrens title lots involves more than getting the building approved. This guide follows the NSW complying development pathway from the first eligibility checks to registration of the subdivision, with practical surveying advice to help avoid costly mistakes and delays.

Before commissioning architectural plans, confirm that your property is suitable for both the duplex development and the proposed Torrens title subdivision. Permission to build a duplex does not automatically establish eligibility for complying development or subdivision.

Ask the relevant certifiers to check zoning, lot size and width, public road access, planning restrictions, flood and bushfire constraints, heritage and other environmental matters. For the proposed subdivision, confirm lot requirements, access and services for each dwelling.

Obtain a current Section 10.7 Planning Certificate, title search and Deposited Plan. The title documents may already be in your Contract of Sale, but check they are current. Engage appropriately registered certifiers for the building and subdivision functions and confirm each approval’s scope before committing to the design.

Engage a registered land surveyor to prepare reliable boundary and level information. Cadastral boundary work in NSW must be carried out under the responsibility of a registered land surveyor. The detail survey gives your architect information about boundaries, existing buildings, levels, trees, visible services and other relevant site features.

Confirm whether levels must be connected to Australian Height Datum (AHD). Flood considerations or a stormwater connection to infrastructure with established levels may make AHD necessary. An assumed datum is only suitable where accepted for the project. Agree the requirements with your surveyor, certifier and stormwater engineer before ordering.

Check that the survey identifies a benchmark that can be found on site, the lot and Deposited Plan details, boundary bearings and dimensions, lot area, relevant easements and restrictions, and the responsible registered surveyor. Resolve boundary uncertainty before finalising the design.

Unique Surveys prepares detail and level surveys for duplex projects across Sydney and surrounding areas.

Give your architect the survey, planning certificate and title information. Explain from the outset that you intend to create two Torrens title lots, so the building design, proposed boundary, access and services can be coordinated.

Allow sensible construction tolerance rather than designing exactly to a minimum setback. For example, where a 900 mm minimum applies, discuss a design setback of at least 920 mm with your project team. This small allowance is a recommendation, not a universal compliance rule or guarantee. The applicable standards and actual finished building position still need to be satisfied.

Keep the survey benchmark and its level on the architectural plans. Ask your building certifier for a project-specific checklist before lodging.

• Architectural plans, detail survey, Section 10.7 certificate and title documents.
• BASIX, relevant energy-efficiency documentation and building specifications.
• Stormwater drainage and structural engineering plans.
• Geotechnical, flood, waste or other supporting reports where required.
• Relevant service approvals, council permits, contributions, insurance and pre-construction requirements at the appropriate stage.

A Statement of Environmental Effects is generally associated with a Development Application rather than a standard CDC application. Technical reports may still be needed. Your certifier should confirm exactly what to provide and when.

Lodge the CDC application through the NSW Planning Portal with the required documents. The certifier assesses the proposal against the applicable complying development requirements and may request further information or amendments.

Once issued, read the certificate and conditions carefully. Some matters must be resolved before construction starts. Confirm the proposed street numbering with council early, as the addresses may be needed for service applications and subdivision documentation.

A Building CDC or a stamp on architectural plans is not, by itself, confirmation that Torrens title subdivision has been approved. Building and subdivision requirements must both be assessed by appropriately authorised certifiers. Ask whether your project’s approval expressly includes subdivision or whether a separate Subdivision CDC application is needed.

Even when architectural drawings show the future lots, do not treat that drawing as evidence of subdivision approval. Confirm the approval documents and conditions with the subdivision certifier.

We recommend resolving subdivision eligibility and approval as early as possible, preferably before construction, to identify problems before substantial building costs are incurred. This timing recommendation is not a universal legal requirement.

Ask for a Subdivision CDC checklist. A registered surveyor can prepare the draft subdivision plan showing proposed boundaries, dimensions, areas, building locations and relevant easements. Depending on the design, party wall arrangements, support or drainage easements and other restrictions may need to be addressed.

Unique Surveys can assist with draft Torrens title subdivision plans, administration sheets and Section 88B instruments where required.

Before starting, obtain the required building approval, appoint a Principal Certifier and satisfy the pre-commencement conditions. Arrange building setout using the approved plans, reliable boundary information and the correct benchmark. Boundary setout can also help identify the property limits and reduce encroachment risk.

Two useful construction checks are:

• Formwork check: before the concrete pour, check the position, setbacks and relevant levels while corrections may be easier.
• Slab check: after the slab is built, record its actual position and levels and identify discrepancies before construction proceeds.

Additional checks may suit the project. Survey checks support construction quality; they do not replace the certifier’s inspections. If architectural or stormwater plans change, ask the certifier whether a modification or new approval is required. Do not assume on-site changes are covered by the original approval.

Unique Surveys assists with building setout, boundary setout, formwork checks and slab checks.

Request the Occupation Certificate checklist well before completion. An identification survey, works-as-executed (WAE) plans, stormwater certification, inspection records and other compliance documents may be needed, depending on the approval and certifier’s requirements.

For an OSD system, pump-out system or other approved stormwater infrastructure, the conditions may require 88E Documents (Restriction on the Use of Land and Positive Covenant) to be registered on title.

• Restriction on the Use of Land: protects the system from unauthorised removal, alteration or interference.
• Positive Covenant: records ongoing inspection, cleaning, maintenance and repair responsibilities.

The documents are prepared using the approved plans and authority requirements, reviewed and endorsed by the relevant council or authority where required, signed by the necessary parties and lodged with NSW Land Registry Services, usually through a solicitor or conveyancer. An updated title search can then provide evidence of registration.

Start organising these documents as the stormwater works approach completion, rather than waiting until the whole building is finished. Preparation, endorsement and registration take time. The Principal Certifier can issue the Occupation Certificate once the necessary inspections, documents and conditions have been satisfied.

Ask the subdivision certifier for a comprehensive checklist. This commonly involves the final subdivision plan and administration sheets, relevant approvals, an Occupation Certificate where required, and evidence that subdivision conditions have been satisfied.

Address electricity, telecommunications, water, sewer and stormwater requirements. The surveyor can prepare the final plan and relevant Section 88B instrument and easement documentation, and assist with service documentation within the project scope.

Check what your Section 73 Certificate covers. Within Sydney Water’s area, make sure the certificate relates to the proposed subdivision. Do not assume a certificate obtained for construction also covers the creation of two Torrens title lots. Confirm the scope and any further application with your water servicing coordinator. Outside this area, check the equivalent water authority requirements.

The coordinator may request approved plans, draft subdivision plans, administration sheets, confirmed street numbering and a Pre-allocated Plan Number (PPN). Unique Surveys can assist with the PPN, draft and final subdivision plans, administration sheets, Section 88B instruments and relevant service documentation.

Once the relevant services, easements, contributions and other conditions are addressed, the Subdivision Certificate application can be finalised.

After the Subdivision Certificate is issued, arrange lodgement of the subdivision plan and supporting documents with NSW Land Registry Services. The registered surveyor can coordinate plan preparation and respond to survey or plan requisitions, working with the other professionals involved in registration.

Registration of the subdivision plan creates the new lots and enables separate Torrens titles to be issued. Construction completion alone does not create the new titles.

1. Confirm building and subdivision eligibility.
2. Obtain a detail and level survey.
3. Coordinate the design and supporting reports.
4. Confirm building and subdivision approvals.
5. Arrange setout and construction checks.
6. Complete occupation requirements, including required title registrations.
7. Finalise subdivision plans and service approvals.
8. Obtain the Subdivision Certificate.
9. Register the plan with NSW Land Registry Services.
10. Two separate Torrens title lots.

Confirm both approval pathways, use reliable surveys, allow sensible construction tolerance and keep the benchmark on the plans. Do not leave service approvals, easements, title documents and completion checklists until the end.

Unique Surveys can assist from the initial detail survey through setout, construction checks, final surveys and Torrens title subdivision plans. Use the quotation form above to tell us your development address and we will discuss the surveying scope for your project.

This guide is general information for the NSW CDC pathway. Eligibility, approval scope and document requirements depend on the property, current planning controls and approval conditions. Confirm the requirements with your appropriately registered certifiers and project advisers.

Further information: NSW Low-Rise Housing Diversity Code · Sydney Water development certificates.