I have a IP in Tarneit, it is Brick Veneer house built on about 20 squares on a 672 m2 of Land.
I need to know whether the Wyndham City Council approves subdivisons on these type of Land. I am looking to subdivide and build another house on the side as I believe it has enough space for it.
First, I need to know whether approval can be given and Secondly, what is the best way to go about it!
Have you checked if there are any covenants on the title certificate that prevent subdivision? Wyndham Council says that resulting blocks have to be 300m2 each. There might be other stipulations such as not being allowed to build within a metre of fenceline, having to have a minimum yard size etc etc. Depending on the situation, it could be tricky to achieve with 672m2 of land regardless of whether you are on a regular block or a corner block. Generally this issue can be gotten around by showing what dwelling will go on the second site, which means hiring a draftsperson/architect.
It really is easiest to just ring the council planning department and talk to them about your specific situation and they will tell you what to do.
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
Thanks Jac for the valuable info. Any other type of information and guidance in regards to this, would be highly appreciated
Well a subdivision isn't just a bit of paper that says this block is now two. There might also be things that for eg, the electricity company and the phone company require you to do. In some cases, the electricity company might demand you pay for a new pit to be installed.
You'll have to do things like ensure there is a driveway crossover (ie the concrete driveway entrance on what would otherwise be the naturestrip) for the new block. The driveway to the new block will have to be of minimum width, so if you are doing a battleaxe subdivision (ie where the new block essentially is the backyard and a very long driveway), it'll have to be MINIMUM 3metres with no roofing etc of the existing house hanging over the 3m area. You'll have to put fences up to divide the properties. You'll have to ensure there is electricity to the driveway crossover (I believe). You might have to deal with stormwater requirements or whatever else council thinks up.
Surveyors usually handle subdivisions for you and could give you an idea of timelines, likely costs, and the likely "requirements" you'll have to comply with in your area. Give a couple of them a call and have a chat.
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
they dont allow subdivision , that really spoils the image and look .
but if the house is too very big it can be allowed after writing to your local development authority .If it is in a new estate, there are probably additional covenants that the initial estate developers imposed that would prevent further subdivision. Have a look at your purchase contract.
Hi,
Thanks for the comments.
It is not a new estate as such, I bought it as a mortgagee sale from Director of Housing.
In the Purchase contract, following is mentioned about the covenants:
"AND THE SAID Transferees, for ourselves, our heirs executors, administrators and transferees the registered proprietor for the time being of the land transferred ("the land") and of every part thereof HEREBY COVENANT with the Transferor and its successors, assigns and transferees and the other registered proprietor or proprietors for the time being of the land comprised in Plan of Subdivison no. xxx and each and every part thereof (other than the land transferred) as follows:
1. That the Transferees will not erect nor cause or suffer to be erected upon the land a dwelling or dwellings unless:
(a) not less than seventy (70) percent of each external wall area of single storey building or the ground floow of any two storey building (inclusive of windows) shall be constructed of brick, brick veneer, concrete, timber (excluding Western Red Cedar), painted Baltic Pine weatherboards, stone or glass any combination of same, provided all materials used must be new; and
(b) the roof shall be constructed of tiles, slate or other non reflective material and with a pitch of not less than 22 degrees; and
(c) any outbuilding is constructed of brick, timber,tiles and colourbond and of moderate height and to blend with, and not detract from, the general amenity of land in the said Plan of Subdivison and to have a non reflective roof.
2. That the Transferee will not erect or cause or suffer to be erected any fences forward of the front alignment of the house unless such fences consist of panels less than one metre in height (excluding posts and pillars which may be up to a height of 1.5 mts) 3. That the Transferee shall not at any time whilst the said Transferor is registered as the proprietor of any lot or lots on the said Plan of Subdivision erect or permit to remain erected on the said lot hereby transferred any sign or advertisment of any nature whatsover save and except one builder's sign and/or one sign indicating the said lot is for sale (such sign or signs having dimensions no greater than 0.914 mts by 0.914 mts).
AND the Covenant shall appear on the Certificate of Title of the land and run with the land.
NOTHING in the covenant above shall affect the right of the registered proprietor for the time being to build units or other multiple dwellings on or strata subdivide the lot where the lot is a corner allotment."
My lot is not a corner lot.
Please advise in simple terms what does this covenant means and can I subdivide or not?
It was bought in 2007
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