How Do I Subdivide My Land in Victoria? A Step-by-Step Guide by a Subdivision expert
- Swarup Dutta
- May 8
- 14 min read
Updated: Nov 16
Property subdivision for two or more lots by specialist planner and property developer.
How to Subdivide and Sell your backyard by Swarup Dutta.
Demolish the old house and build a duplex
Retain the existing house and build in the backyard
Demolish the house and build 3-8 townhouses
Subdivide the large parcel of land into small lots
1. What is land subdivision in Victoria?
Land subdivision is the legal process of splitting a single property into two or more titles, allowing each title to be sold or developed separately. In Victoria, this process is regulated by local Councils and must comply with zoning and planning requirements.
2. How do I start the subdivision process in Victoria?
Here’s a simplified step-by-step overview:
Step 1: Initial site assessment and feasibility check
Step 2: Review of zoning, overlays, and title (Section 32)
Step 3: Preparation of town planning application, including site plans, elevations, shadow diagrams, and a planning report
Step 4: Submission to local Council for planning permit
Step 5: Response to any Council feedback or conditions
Step 6: Planning permit approval. Satisfy permit conditions eg. connect all services
Step 7: Engage a licensed land surveyor to prepare subdivision plans
Step 8: Apply for certification and Statement of Compliance
Step 9: Lodge plans with Land Use Victoria for title registration
3. How long does subdivision take in Victoria?
The subdivision process can take anywhere from 6 to 18 months, depending on the complexity of the project, Council timelines, and any zoning issues. Rezoning or complex dual occupancy applications can take longer.
4. How much does it cost to subdivide land in Victoria?
Costs can vary widely depending on location, project size, and existing infrastructure. Approximate/indicative costs include:
Item | Estimated Cost (AUD) |
Town Planning Application | $3,000 – $8,000+ |
Council Fees & Contributions | $2,000 – $20,000+ |
Land Surveyor | $5,000 – $10,000+ |
Infrastructure/Service Connections | $10,000 – $50,000+ |
Title Registration & Legal | $2,000 – $5,000+ |
Total Estimate | $25,000 – $90,000+ |
Note: These are ballpark figures. Swarup can give you a more accurate estimate based on your land.
5. Can I subdivide my backyard or residential property?
Yes, in many cases you can subdivide a backyard or residential property in Victoria, especially in General Residential Zones (GRZ). However, it depends on factors like land size, width, overlays, and access. A professional assessment is essential.
6. Do I need a planning permit to subdivide land?
Yes, a planning permit is required from your local Council to subdivide land in Victoria.
7. Why should I work with a registered planner like Swarup?
Swarup brings deep experience, having managed over 250+ planning permits across Victoria. He understands Council expectations, designs all required plans, writes planning reports, and provides a complete end-to-end service. His goal is to maximise your land value while making the process as smooth and stress-free as possible.
8. What’s the first step I should take?
Start with a free, no-obligation site review. Swarup will:
Assess development potential
Review zoning and overlays
Check your Section 32
Identify red flags or risks
Outline next steps and likely costs
Need Expert Help to Subdivide Your Land?
Contact Swarup today for a free HIGH LEVEL property assessment and take the first step toward unlocking your land's potential.
Meet Swarup: Your Trusted Property Subdivision and Town Planning Expert in Victoria
If you're considering property subdivision in Victoria, navigating the complex world of town planning permits, or exploring dual occupancy development, working with the right expert can make all the difference. Swarup is not just a consultant — he’s a Registered Planner, passionate and creative designer, and hands-on property developer who delivers real results for both first-time investors and experienced developers.
Why Choose Swarup for Your Subdivision or Development Project?
Swarup has managed over 250+ planning permits across Melbourne and regional Victoria, specialising in:
Dual occupancy developments
Townhouse subdivisions
Rezoning applications
Small and large-scale residential developments
Swarup’s Qualifications and Expertise
Swarup brings a unique mix of formal qualifications and practical experience:
Registered Planner (Victoria)
Degree in Architecture
Member – Planning Institute of Australia
Member – Victorian Planning and Environmental Law Association
Associate – Royal Australian Institute of Architects
He also uses advanced Building Information Modelling (BIM) software to produce precise designs and reports. His work has been published in industry journals, and he has lectured at a leading university in Victoria.
How Swarup Works with You
Swarup’s approach centres on collaboration — with you and with the local Council. He ensures that all drawings, reports, and submissions are clear, compliant, and strategically presented to maximise your chances of permit approval.
He personally prepares all required documents, including:
Site plans
Elevations
Shadow diagrams
Planning reports
This practical, hands-on approach ensures nothing is lost in translation, and your project progresses smoothly.
Proven Track Record of Success
Swarup has a history of delivering outstanding results for his clients.
Examples include:
Rezoning his own beach front land from a No-Build Zone to a Residential Zone, increasing its value many times over. The beach house he built using advanced structural engineering and dewatering systems is still standing solid and the second owner sold it for $5.7million!
Winning a dual occupancy permit in a prestigious Melbourne suburb despite opposition from neighbours and Council recommendations
Winning a dual occupancy permit for his first home in a prestigious suburb despite opposition from high worth neighbours and Council recommendations
Helping hundreds of everyday investors turn their backyards into valuable development opportunities
What Makes Swarup Different?
He only takes on projects with a realistic chance of success
He gives honest advice — not false promises
He supports you from start to finish
If your project isn’t viable, Swarup will tell you upfront. You’ll avoid wasting time and money, and gain clear direction from day one.
Serving Melbourne and Regional Victoria
Swarup works with clients across Victoria and Melbourne’s suburbs, growth corridors, and regional towns. His local expertise and Council relationships give your project the best chance of success.
What Should You Do Next?
Swarup offers a free high-level review of your development site.
He will:
Review your Section 32 document
Check for zoning or title issues
Provide a clear outline of the next steps
Offer honest, expert feedback — with no obligation
Ready to unlock your property's development potential?
Contact us today to schedule your free site review.
Contact Swarup any day- and make a start.
Keeping It in the Family: How One Chadstone Family Used Subdivision to Help Their Daughter Enter the Property Market
There’s a growing trend among Australian families — older parents helping their adult children enter the property market, while also downsizing or better using their land. For many, it’s a win-win solution that keeps the family close, preserves generational wealth, and makes smart use of underutilised backyards.
Here’s how one of our clients in Chadstone, Victoria, made it happen.
The Situation: A Family Home with Untapped Potential
Our clients owned a standard residential block in Chadstone, where they had raised their family. Like many homes in established Melbourne suburbs, the property had a decent-sized backyard and an old swimming pool that was no longer in use. The kids had all moved out, and the land wasn’t being used to its full potential.
At the same time, their daughter was looking to buy her first home — but struggled with the high property prices across Melbourne.
The Solution: Backyard Subdivision for a Dual Occupancy Home
Rather than buying elsewhere, the daughter offered to purchase the backyard from her parents and build her first home right behind the family house. It kept her close to the area she grew up in, and allowed the parents to unlock value from their existing land without moving out.
We stepped in to assist with the dual occupancy process — a solution that allowed the land to be legally split into two titles, enabling both homes to exist one behind the other while remaining fully compliant with Council regulations.
The Result: A True Win-Win Outcome
With our help, the family:
Subdivided their land into two separate titles
Retained their family home on the front lot
Enabled their daughter to build a modern home at the rear
Increased the overall property value significantly
Created long-term flexibility — either to live together or sell independently in the future
Who We Are
Swarup Dutta is the founder of our town planning and design practice, which has delivered over 250+ successful subdivision, dual occupancy, and unit development planning permits across Greater Melbourne and Regional Victoria.
We specialise in helping landowners, investors, and families realise the full potential of their properties through smart, Council-compliant development strategies.
Free Development Site Assessment
Thinking about subdividing your land — either to help family or create an investment opportunity?
We offer a free high-level site review, where we:
Evaluate your land’s development potential
Review zoning and overlays
Identify key planning risks and opportunities
Outline next steps — with no obligation
Let’s help you unlock the value in your land.
How to Build Two or More Homes on Your Block in Victoria: A Step-by-Step Guide
More and more homeowners in Victoria are realising the potential of their land by building two or more dwellings on a single block. Whether you're helping your children get into the property market, planning an investment, or simply downsizing, subdividing your land can create long-term value.
Here’s a real example from a recent project where the existing house was retained for the parents, and a new home was built in the backyard. This process works for both dual occupancy and multi-unit developments, regardless of whether the existing house stays or is demolished.
Step 1: Review the Property Title
Before anything else, check your land title for restrictions.
Common issues to look out for:
Covenants – especially single dwelling covenants that prevent more than one house on the land.
Section 173 Agreements – legally binding agreements that may limit development.
These restrictions can significantly impact your ability to subdivide.
Removing a covenant is possible but difficult, costly, and without guaranteed success.
Step 2: Inspect the Land
Assess the physical features of the block, either in person or virtually using satellite tools.
Key things to check:
Is the block flat or sloping?
Flat blocks are generally easier to develop.
Steep blocks require more complex design and higher construction costs.
Shape of the land
Regular-shaped blocks with good frontage are ideal.
Narrow or irregular blocks may limit design flexibility.
Access to the rear
If retaining the existing house, you’ll need a 3-metre-wide driveway from the front boundary to the backyard.
In our example, there was 4 metres of space beside the existing house, which was sufficient.
Step 3: Assess Rear Setbacks
When building behind an existing house, you’ll need adequate space.
General guidelines:
At least 16 metres from the back of the existing house to the rear boundary is ideal for standard blocks.
On corner blocks, you may be able to work with less (e.g. 9 metres), depending on access and design.
These are not fixed rules — local planning controls always apply.
Step 4: Check Zoning, Overlays and Easements
This step is critical and should be done early.
You must check:
Zoning and Zone Schedule
These control what can be built and the development standards that apply (e.g. GRZ, NRZ).
Overlays
Flood overlays can restrict building or require elevated floor levels.
Cultural Heritage Sensitivity overlays may trigger the need for a CHMP (Cultural Heritage Management Plan).
Tip: CHMPs are often required when building three or more dwellings.
In a recent childcare project near a creek, the CHMP process took months and cost $50,000.
Easements and existing services
Underground pipes, drainage lines or electricity services can restrict where you build.
Building over easements is generally not permitted.
Step 5: Consider Site Orientation and House Layout
Design feasibility also depends on:
Which way the block faces – North-facing living spaces are preferred and often required under planning rules.
The current layout of the existing house – You may need to modify it (e.g. relocate windows or fences) to comply with privacy, access or ResCode standards.
Summary Checklist
If you're planning to build two or more dwellings on your land:
Review the title for covenants or restrictions.
Inspect the land for slope, shape, and access.
Ensure you have enough space at the rear if retaining the existing home.
Check the zoning, overlays and easements before spending on designs.
Think about orientation and existing house layout for compliance.
Be aware that some overlays can add significant cost and time to your development.
Need Expert Help? Get a Free Site Assessment
Swarup Dutta is a registered planner and designer with experience managing 250+ subdivision and dual occupancy permits across Victoria.
We offer a free high-level review of your property, including:
Title review for covenants and restrictions
Assessment of development feasibility
Zoning and overlay checks
Step-by-step guidance on what to do next
Don’t guess — get expert advice before you invest. Contact us now to book your free assessment.
Contact Swarup to review the planning overlays on your land.
Common subdivision types.
Check the land size. A typical metropolitan property in and near Melbourne will yield a Stata titled subdivision where there is common or shared property like a shared
3 to 6.4m wide driveway.
( Think of a townhouse development- You will notice a narrower driveway within the development and the residents will drag their garbage bins to the front footpath)
In land with wider frontages the two dwellings of a Duplex subdivision will have their own driveways.
A larger block of say 5000sqm+ + could yield a house and land type Torrens Titled subdivision which will have a public road with nature strip(s), footpaths, kerb and gutter, street lighting and allow the garbage truck to leave safely ( via a round about in some instances). That public road and amenities could measure 16m in width and cost a lot, lot more to build than the Strata Titled driveway. Each lot will be connected to its own services.
( Think of it a typical house in any neighbourhood facing a footpath and road where the garbage truck will collect bins from the front of your land)
Ask us to review the title at no cost to you.
Our Process
Our Subdivision Process: Turning a Backyard into a Second Home
Thinking of subdividing your land to help family or unlock investment potential?
Here’s how we helped a family in Victoria transform their backyard into a second home — a classic dual occupancy subdivision. This process applies whether you’re retaining your existing house or starting fresh.
Step 1: Zoning & Planning Overlays Check (1 Day)
We began with a Planning Review of the property:
The zoning allowed subdivision with no minimum lot size.
The Schedule had no restrictive variations, meaning:
Site coverage of 60% was allowed.
Secluded Private Open Space requirement was a standard 25 sqm.
In some areas, Schedule variations can reduce site coverage to 40–50% or increase open space to 60 sqm, reducing development potential.
We also reviewed planning overlays. In this case:
Vegetation overlays required careful siting of the new house to protect root zones of existing trees.
Other overlays (not on this block, but often seen) may include:
Flood overlays
Bushfire overlays
Neighbourhood character/design overlays
Heritage controls
Height limits
Step 2: Design Brief & Initial Concept (7 Days)
Swarup, our Principal Planner, met with the family to understand their needs and priorities.
We assessed the block and confirmed that a two-bedroom unit could be built in the backyard, provided we complied with planning rules, including:
Open space requirements for both homes (existing and new)
Car parking and car turning space
A 3-metre wide driveway from the front boundary to the backyard
Retaining the root system of a large gum tree near the proposed driveway
We arranged a:
Feature and Re-establishment Survey (RE Survey) to confirm boundaries
Re-establishment surveys are essential to avoid boundary breaches
Preliminary design for the new dwelling and subdivision layout
Approved by owners
Step 3: Town Planning Application Lodged (4–6 Weeks)
We developed a complete Town Planning Application, including:
Site plan
Floor plans and roof plans
Elevations
Shadow diagrams
Town Planning Report
We also:
Lodged a subdivision plan at the same time (saving 50% on Council fees)
Received a Request for Further Information (RFI) from Council after ~28 days
Addressed issues including vegetation and tree protection
Once complete, Council:
Advertised the application for public notice
Reviewed submissions and issued a Planning Permit
Timeframe: This stage can take 6 to 12+ months, depending on Council processing and community feedback.
Note:The subdivision approval granted was an in-principle approval (not yet title registration). It was a Strata Subdivision, with:
Lot 1: The existing house at the front
Lot 2: The backyard for the new home
A shared/common driveway
Step 4: Planning & Subdivision Permits Issued (6–8 Months)
Council granted:
A Planning Permit for the new house
A Subdivision Permit to create two separate lots
Permit conditions included:
Creating a shared/common property driveway
Ensuring each lot had its own services:
Sewer
Water
Electricity
NBN / Telecommunications
Once service connections (WORKS) were completed:
The formal subdivision plan could proceed to title registration
The parents and daughter could legally enter a contract of sale
Settlement would occur after the new lot (Lot 2) was registered with Land Use Victoria
Looking to Subdivide Your Backyard or Block?
We’ve managed 250+ subdivision and development permits across Greater Melbourne and regional Victoria.
Swarup offers a free high-level assessment to check if your land can be developed. We’ll:
Review your title and zoning
Identify any planning constraints
Advise on what’s possible and what’s not — before you spend a cent
Get honest, upfront advice from an experienced planner.Contact us now to book your free site review.
Swarup, our Founder, developed his first home into a highly successful Dual Occupancy subdivision. The sale proceeds paid off the mortgage and had enough left over to pay deposits on 2 further projects. He faced stiff obstruction from neighbours and Council.
Ready to find out if you too can subdivide your property in Victoria
Free! HIGH LEVEL OPINION including review of the property title.
Contact us for a Free high levl opinion.
Step 4: Registration of Titles (9–15+ Months) (approximate timelines and costs)
Once Council issued the Planning and Subdivision Permit, the next step was to register the new lots with Land Use Victoria (the Titles Office).
Here’s how that process unfolded:
Our licensed land surveyor prepared a formal Plan of Subdivision in a format suitable for registration.
Council reviewed and approved the plan, provided it complied with all conditions of the subdivision permit.
The owners completed all required WORKS, including:
Connection of essential services (sewer, water, power, NBN) to the new lot at the rear
Construction of any required infrastructure (e.g. driveway)
After inspection, Council issued a Statement of Compliance (SoC) — confirming all permit conditions had been met.
Next:
The formal Plan of Subdivision and Statement of Compliance were lodged with the Titles Office in Melbourne.
Applicable fees were paid to statutory authorities (e.g. Council, water authority, energy providers).
The Titles Office then issued the Registered Titles:
Lot 1: Existing house
Lot 2: New backyard lot
Plus common property for the shared driveway
Finally:
The parent and daughter settled the sale, with the daughter now the legal owner of the new lot.
Approximate Cost to Date: $40,000, including:
Service connection costs
Land survey and planning professional fees
Statutory authority charges
Town Planning and Subdivision application fees
Step 5: Building Permit to Construct the New Home
With titles registered, the buyer of the backyard engaged a registered builder to construct her new two-bedroom home in the backyard.
This phase included:
Signing a building contract based on Building Permit drawings
Preparing all supporting documentation for a Building Permit, including:
Construction/working drawings
Structural and civil engineering reports
Thermal performance assessment (energy rating)
Landscape plan
Drainage and stormwater design
Once the Building Permit was issued, construction began.
The new owner secured a construction loan from her financial lender. Funds were released to the builder at key construction milestones, as per the contract and lending agreement.
Thinking of Subdividing Your Backyard?
Whether you're planning to:
Help your children into the property market
Downsize while staying on your land
Maximise the value of your block
Build and sell for profit
Our founder Swarup Dutta has personally managed over 250+ property subdivision and dual occupancy permits across Victoria — and completed his own dual occupancy development.
He understands what works — and what to avoid.
Get a Free High-Level Subdivision Feasibility Check
We offer a complimentary review of your land where we:
Assess your property’s development potential
Check zoning and overlays
Flag planning constraints early
Outline realistic next steps — with no obligation
Get expert advice before you spend thousands.Contact Swarup today for a free high-level opinion on what’s possible on your block.
Dual occupancy subdivision can be a typical one dwelling behind another, where the existing house is retained or removed; a side by side dual occupancy which is called a duplex or one on a corner lot. Other forms of subdivision are town house developments or larger land carved into smaller lots.
Duplex
Townhouse development for 3 lots with common (shared) driveway.
DUPLEX 2 lot subdivision
TOWNHOUSE SUBDIVISION
Corner lot subdivision
Four townhouse subdivision with common driveway
Four townhouses with basement parking
Eight lot subdivision with shared driveway
Town houses in multi lot subdivision
Large lot subdivision in Torrens titled lot
