Subdivision of Buildings Requirements

Subdivision is the creation of separately disposable (sellable) units of a building or lots of land. This is done via a licensed land surveyor who draws up a plan of subdivision for approval and lodgement with the Titles Office.

Buildings may be subdivided upon completion, some time after completion or on the basis of proposed completion (ie off the plan).

The Building Regulations contain a special provision that each part of a building being subdivided must individually conform with the Regulations. In the case of older buildings, this means that, even though parts may have been occupied for some time, purchasers should be able to expect that each part complies with today's Regulations. Typically this means aspects such as fire-separation, exit travel distances and facilities may need upgrading.

Should there be adequate cause for a building to not be upgraded to meet this requirement the Municipal Building Surveyor or a private building surveyor carrying out building permit functions with respect to the work may issue an exemption for the requirement for conformity with today's regulations.

Bodies Corporate and Owners' Corporations

A body corporate is an English legal expression for a corporation - a legal entity representing a number of individuals as a single unit. The term, which had been used to apply to the entity comprising and representing the owners of flats or units, has now been changed in Victoria to 'owner's corporation'.

To assist in understanding how owner's corporations operate and can affect you we recommend the following websites:

Consumer Affairs Factsheet: New Laws for Bodies Corporate (102.05 KB)

Body Corporate: Considerations when buying a unit, flat or apartment (177.12 KB)