The Development Process

View Examples

Torrens Title Divisions

• Ultimate form of land Ownership
• Provides complete autonomy between adjoining owners
• Completely separate, requires separate sewer and water connections for each Allotment
• Services cannot be shared and cannot cross the boundary unless easements are created
• On semi detached dwellings, party wall rights must be created or physically separate walls must be constructed
• Relatively limited in its ability to accommodate complex planning issues and subdivision designs ie: Common Driveways, shared infrastructure
• May achieve a higher sale price, however this is dependant on the perception & expectations of the market in the area of the development
• Suited mainly to major vacant land subdivisions and simple divisions with road frontage to the proposed allotments and services in adjoining streets

Community Title Divisions

• Cheaper than Torrens Title costs approximately $14500* for 1 into 2 subdivisions(including a separate water meter for each allotment)
• End result , the development can behave like Torrens Title
• Specific Bylaws are written to regulate the use of the Lots and Common Property
• A Community Corporation is formed of the new owners and said Community Corporation has obligations to administer the Bylaws for the scheme and act in accordance with the Community Titles Act.
• The Community Titles Act allows up to three Lot corporations to vote at the inaugural general meeting of the corporation to have no more meetings.
• Costs of maintaining common property and services levied against the lot owners by the Community Corporation.
• Easements are implied by the Act wherever they are required, therefore lots can share services and services can cross boundaries, party wall rights need not be created.
• The community Titles Act can accommodate teh most complex planning and subdivision design issues.
• Best suited to Unit sites, developments where a common driveway is required, in areas where the market will not pay the extra for Torrens Title , or when clients wish to construct the dwellings and rent. (Capital growth does not discriminate against the form of tenure)
• All the major developments are Community Title, Holdfast Shores, Garden East all the City Apartment Buildings

 

The subdivision process comprises of three basic elements;

1. Lodging the Land Division application and obtaining an Approval
2. Satisfying the Conditions of the Approval
3. Lodging the final Plans in the Lands Titles Office

 

Step 1 - Lodging the Land Division Application and Obtaining Approvals

A proposal plan is prepared and lodged electronically via the EDALA System with the Development Assessment Commission (DAC)

The DAC forwards the application to the Council, SA Water and any other government department that may have an interest in the development (ie Transport SA, Health Commission etc)

The Council will examine the application and check its compliance against the development plan for the area.

Most applications are not instantly complying, and usually they are approved on their merits and subject to certain conditions. In the majority of cases council needs to be provided with building plans that set out the basics; setbacks, private open space, carparking, site coverage.

It is important to note that in order to retain an existing house on the site and build a second dwelling , the developer must satisfy the councils requirements for both dwellings, and the best approach is to deal with the planning issues for the existing house first because addressing these issues are usually trickier. The Council may also request more information about other issues pertaining to the application during this stage. The developer must ensure this information is provided to the council as quickly as possible ie- significant trees, internal layout of the existing house on site etc.

The basic conditions of Approval from Council will be:

Demolish the existing structures on site.

Pay the DAC Reserve Fund Contribution.

Advice to the Developer that they must construct dwellings on the new allotments in accordance with the approved building plans (if the planning application was lodged as part of a request for more information by council).

Complete the Certified Survey and provide plans as required for lodgment in the Lands Titles Office (LTO).

SA Water will examine the Land Division Application. Generally there are only three requirements:

Payment of the SA Water capital contribution for each additional allotment created by the Land Division

Provide SA Water with the final survey plan, showing the required location of the new water meter.

Demolish the existing house or if the existing house is to remain make alterations to the existing house drains if those drains cross over the new boundary

Sometimes the existing meter needs to be shifted and in this case additional fees are required to be paid.

Step 2 - Satisfy the Conditions of Approval

All the funds required to complete the Land Division are required to be paid to Property Conveyancers Trust Account

Demolish all existing structures on the site

Alter the internal house drains if required by SAWater (Property Conveyancer has a plumber that carries out this work for our clients if required)

Property Conveyancer will;

• Pay SAWater
• Pay DAC
• Complete the Certified Survey
• Provide the final plans to SAWater with water meter locations
• Provide the final Plans to DAC
• Provide any plans to the builder they might require
• Peg the allotments for construction
• Request Clearances from Council , SAWater and DAC
• Prepare the LTO Legal documentation
• Prepare the Bank Consent Documents
• Forward the documentation to the Developer for execution, and it needs to be signed and returned asap.

Step 3 - Lodgment in the Lands Titles Office

Upon receipt of the Section 51 Certificate of Approval, Property Conveyancer will lodge the Plan of Division in the LTO with a request for the examination of the plan.

Provided the Developer has returned the executed legal documentation, Property Conveyancer will forward the documents to the mortgagee for their consent to the Land Division.

Property Conveyancer will then book the mortgagee to attend at the Lands Titles Office and produce the original certificate of title. The legal documentation will be lodged in the LTO together with the original title and banks consent.

The LTO will now proceed to examine and then approve the Plan of Division.

When the plan is approved the LTO will examine and then approve the legal documentation.

When both the Plan & Documents are approved, the LTO will then Deposit the Plan

When the plan is Deposited the Land Division process is finished in a legal sense, because when the plan deposits the new allotments are legally created.

New titles will now issue in due course and they will be returned to the Bank or to Property Conveyancer when there is no mortgage.

When the plan is deposited, any settlements that are pending can occur and in some cases where new titles are a condition of the finance approval to construct the houses, construction can commence.

Property Conveyancer can attend to any requirements the Developer may have to sell and settle the Sales of the New Dwellings.

Buy taking advantage of our full development service we are able to guide you through every stage of developing a site, including the demolition of existing buildings.

As part of the demolition process we employ a professional demolition company to coordinate all approvals & disconnections at an early stage. This ensures that you will not face lengthy delays when you are ready to go to site.

After your final plans are completed, you will meet with your building consultant to discuss various items you wish to have included in your final quote.

Upon your approval of the final quote the Council Administration Process will begin. During this time you are able to commence the selections process in preparation for the construction of the dwellings in your development.