Browse Forums Building A New House 1 Mar 16, 2017 9:14 pm Hi All , I am new to buying a h&l package in Sydney . I have few bassic questions related to subdivision process for my understanding and knowledge purpose. I bought a H&L package off the plan . This is in Sydney in Blacktown Council . The house is already almost completed . When I check with the builder he said they loddged the Subdivision to Land Titles office . I got the confusion here . 1) What is the role of Land Titles office for sub division ? 2) What is the role of blacktown council for sub division of land ? 3) How are they linked ? 4) What are the normal steps or procedures that happen before settlement and who actually do / complete them ? eg:- Sub Division , Land Registration , House Approval , Hand Over ..etc When I checked online in LPI site , the DP Number has received a SubDivision waiting for Examination at the moment . What will happen from here and how much time it might take to complete all the process in general if everything is good . Thanks for your positive consideration to reply to this message in advance. Re: Subdivision Process 3Mar 17, 2017 6:41 am Hi , I think the developer is in a planning agreement and he internally divided the land and got a pre approval to build the houses from council satisfying few conditions . The sub divided land is officially not yet registered so far and the builder now submitted the application to LPI for subdivisision . I am thinking this is normal with any developer but I might be wrong. Can any one expert in the field let us know the basic concepts that might help many people like me . 1) What is the normal process for H&L Package 2) What is the role of council and LPI 3) If the sub division is submitted to LPI means at what stage the process is in . 4) What are different steps that happen in sequence before the house is settled related to council and LPI . Thanks Re: Subdivision Process 4Mar 18, 2017 9:43 pm Hi All, I'm a Solicitor in Sydney and can talk you through the process. I am also building an Eden Brae Home in Kellyville. In regards to the house, it could have been possible that they got approval on the DA plans prior to a subdivision where they could build two houses on the one land and now they are doing the subdivision to give each property their own separate Lot and Deposit Plan (DP). As far as Home and Land Packages goes, it depends on who you build with. Some builders use their option to build a home on a land and sell it off as a Completed Home and Land Package in which you have to pay the Stamp Duty on the entire amount (Home and Land Price) or the other way which is commonly used is Split Contracts, where you purchase the land from the Vendor and pay Stamp Duty for the land only which is way cheaper than the Completed Home & Land Package and additionally enter into a building contract with the builder that is marketing the land and selling it as a Home and Land Package. In regards to the role of Blacktown City Council and the LPI, Blacktown City Council does two things: 1. Approve the subdivision of the land; and 2. Approve the dwelling that is to be built on the land. Now... this is also dependent on whether the Development Application for the Construction of the dwelling of the home meets the Development Control Plan (DCP). If the dwelling meets the DCP, then the certifier of the plan can seek a Complying Development Certificate (CDC) which means approval would be fast-tracked because the construction plans meet the DCP. The Land and Property Information (LPI) controls all title deed registrations, including changes to owners when there is a sale or transfer of property and is the place where you would register your subdivisions with a submission of the plan of the land and Section 88B requirements including registration of easements or carriageway. Once the plans have been approved the LPI will issue a Certificate of Title for either a Deposited Plan (DP) (House or Community Title) or Strata Plan (SP) (Units or Apartments). Usually, the LPI once the land is submitted for registration of a subdivision along with the survey plans, etc, the LPI takes between 14-21 days to register the plans and issue a Certificate of Title. LPI will notify the Council at this stage that registration has taken place so then the council can issue a house number for the property and rates, where appropriate for the property. In regards to Question 4, your solicitor should be able to answer that for you. Depending on the Special Conditions of the Contract for the Sale of Land, after the registration, you may have up to either 14 or 21 days to settle the property. This will allow you to get your finance and loan ready for settlement. Prior to settlement, the solicitors will calculate council rates and water rates (based on the contract) as it was purchased off the plan. On the day of settlement or prior to it, solicitors must submit an Electronic Notice of Sale (ENOS) to the LPI and as a result of submitting the ENOS, the LPI will forward the information to the relevant council and Sydney Water. I'm surprised that you haven't sought this advice from your solicitor. All good solicitors will describe the process thoroughly to you. If you have any further question, please don't hesitate to message me for advice. Cheers, Bruce I'm based in Adelaide and I'm considering purchasing a house and land package from Weeks Homes. I found a deal that looks good, but there's a complication: the land isn't… 0 543 I apologise for any confusion, but your understanding is correct. We approached our situation differently based on advice from… 11 53970 Thanks very much! And would the landscaper/contractor generally involve the engineer or is that something the client would do? Thanks for your help 2 10306 |