Subdivisions & Community Title
Property Law
Key Takeaway
Subdivision and community title creation involves a complex legal process requiring coordination between surveyors, engineers, local councils, and the Titles Registry.
Subdivision and community title creation involves a complex legal process requiring coordination between surveyors, engineers, local councils, and the Titles Registry. We guide property owners and developers through the subdivision process from initial feasibility assessment through to plan registration and community management statement creation.
Whether you are subdividing a single lot into two, creating a residential community title scheme, or establishing a layered community titles development, our property law team manages the legal aspects of the subdivision process, ensuring compliance with the Land Title Act 1994, the Body Corporate and Community Management Act 1997, and local government planning requirements.
The Subdivision Process
The subdivision process begins with a feasibility assessment to determine whether the proposed subdivision is achievable under the local government planning scheme. This involves reviewing zoning, minimum lot sizes, infrastructure availability, and environmental constraints. Once feasibility is confirmed, the development application process begins, which may require public notification and assessment by council. Following development approval, survey plans are prepared by a licensed surveyor and lodged with the Titles Registry for registration. Throughout this process, we coordinate between surveyors, engineers, council officers, and other stakeholders to keep the project moving forward.
Community Management Statements & By-Laws
A Community Management Statement (CMS) is the foundational document for any community titles scheme, defining the lots, common property, lot entitlements, and management arrangements. The CMS must be prepared in accordance with the Body Corporate and Community Management Act 1997 and is registered on title. By-laws within the CMS govern how owners may use their lots and common property, addressing issues such as parking, pets, noise, renovations, and use of common facilities. Well-drafted by-laws prevent disputes and provide clear guidance for residents and the body corporate.
Infrastructure Charges & Agreements
Subdivision developments often trigger infrastructure charges imposed by local councils for the provision of water supply, sewerage, stormwater, transport, and parks networks. These charges can amount to tens of thousands of dollars per lot. We assist developers in understanding applicable charge regimes, negotiating infrastructure agreements, applying for charge caps or concessions, and timing payment obligations. Proper infrastructure planning and negotiation can significantly improve project viability and cash flow during the development process.
Subdivisions & Community Title FAQs (Queensland Law)
How does the subdivision approval process work?
At our firm, subdivision begins with a feasibility assessment against the local planning scheme. Development application approval is followed by preparation of survey plans by a licensed surveyor, lodgement with the Titles Registry, and registration. Infrastructure charges must be paid before plan sealing.
How does the Body Corporate and Community Management Act 1997 work?
At our firm, the BCCM Act 1997 (Qld) governs community title schemes. It establishes the body corporate, defines lot entitlements, requires a Community Management Statement (CMS), and provides dispute resolution mechanisms. The CMS includes by-laws regulating lot use.
What is a community title scheme?
At our firm, a community title scheme is a development where lots share common property (e.g., driveways, gardens, pools). Each lot owner also owns an undivided share of common property. The scheme is managed by a body corporate under the BCCM Act 1997.
What infrastructure contributions apply to subdivisions?
At our firm, local councils impose infrastructure charges for subdivision development to fund water, sewerage, stormwater, transport, and parks networks. Charges can be tens of thousands of dollars per lot. Infrastructure agreements may allow staged or deferred payment.
What are easements in Queensland subdivisions?
At our firm, easements grant rights over another persons land for specific purposes (access, drainage, services). Under the Land Title Act 1994 (Qld), easements must be registered on title. They are created by agreement or by statutory process and run with the land.
Subdivisions & Community Title Services
- Subdivision feasibility assessment and advice
- Development application preparation and review
- Plan of subdivision preparation and lodgement
- Community management statement (CMS) drafting
- Body corporate establishment and by-law preparation
- Infrastructure agreements and headworks charge negotiations
- Voluntary and statutory easement creation
- Access rights and right-of-way documentation
- Rating and valuation apportionment on subdivision
- Building format plan registration for multi-storey developments
- Layered community title scheme establishment
- Subdivision disclosure statements and sale contracts
Last updated: July 2026
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