Planning resources

Copies of Title and Planning Certificates

Where can I get a Copy of Title?

You can get a Copy of Title from LANDATA

Costs depend on the information you need.

What is a Planning Certificate?

Department of Environment, Land, Water and Planning issues Planning Certificates.

They have details of:

  • a property's zoning
  • the planning instrument affecting a property
  • other planning controls affecting the property (such as heritage controls).

While Council can give an indication of zoning and overlays, you need a Planning Certificate to check this information is correct.

The Department is the responsible authority for planning certificates. Council cannot issue them.

Subdivisions

Subdivision is the creation of separately disposable (saleable) units of a building or lots of land.

This is done through a licensed land surveyor.

The land surveyor draws up a plan of subdivision for approval and lodgement with the Titles Office. 

Buildings may be subdivided:

  • when they're completed
  • some time after completion, or
  • on the basis of proposed completion (such as off the plan). 

Public open space contribution and subdivision

A person who proposes to subdivide land must make a contribution to Council for public open space in an amount specified in the schedule to this clause (being a percentage of the land intended to be used for residential, industrial or commercial purposes, or a percentage of the site value of such land, or a combination of both).

If no amount is specified, a contribution for public open space may still be required under section 18 of the Subdivision Act 1988. View the Stonnington Planning Scheme for more information.

The Building Regulations contain a special provision that each part of a building being subdivided must individually conform to 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 current 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 from conforming with current regulations.

Body corporate and owners' corporations

You might know of the term 'body corporate'.

It’s an English legal expression for a legal entity representing a number of individuals as a single unit.

For a long time, it applied to the entity comprising and representing the owners of flats or units.

It’s now been changed in Victoria to ‘owners’ corporation’. 

You can find out more at Consumer Affairs Victoria.

ResCode

One Dwelling on a lot - Clause 54

Purpose

  • to implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies
  • to achieve residential development that respects the existing neighbourhood character or which contributes to a preferred neighbourhood character
  • to encourage residential development that provides reasonable standards of amenity for existing and new residents
  • to encourage residential development that is responsive to the site and the neighbourhood.  

Application

These provisions apply to an application to construct a building or construct or carry out works associated with one dwelling on a lot under the provisions of:

  • a Residential Growth Zone, General Residential Zone, Neighbourhood Residential Zone, Mixed Use Zone or Township Zone.
  • a Neighbourhood Character Overlay if the land is in a Residential Growth Zone, General Residential Zone, Neighbourhood Residential Zone, Mixed Use Zone or Township Zone.

For detailed information about Clause 54 and Clauses 54.01- 54.06, refer to the Stonnington Planning Scheme.

Two or more dwellings on a lot - Clause 55

Purpose

  • to implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies
  • to achieve residential development that respects the existing neighbourhood character or which contributes to a preferred neighbourhood character
  • to encourage residential development that provides reasonable standards of amenity for existing and new residents
  • to encourage residential development that is responsive to the site and the neighbourhood.

Application

These provisions apply to an application to:

  • construct a dwelling if there is at least one dwelling on the lot
  • construct two or more dwellings on a lot
  • extend a dwelling if there are two or more dwellings on the lot
  • construct or extend a dwelling on common property
  • construct or extend a residential building in the Residential Growth Zone, General Residential Zone, Neighbourhood Residential Zone, Mixed Use Zone or Township Zone.[s9] [m10]. 

Apartment Developments - Clause 58

Purpose

  • To implement the Municipal Planning Strategy and the Planning Policy Framework
  • To encourage apartment development that provides reasonable standards of amenity for existing and new residents
  • To encourage apartment development that is responsive to the site and the surrounding area.

Application

These provisions apply to an application to:

  • The apartment development is five or more storeys, excluding a basement, and is in the General Residential Zone, Residential Growth Zone, Mixed Use Zone or Township Zone, or
  • The apartment development is in the Commercial 1 Zone, Commercial 3 Zone, Special Use Zone, Comprehensive Development Zone, Capital City Zone, Docklands Zone, Priority Development Zone or Activity Centre Zone.

For detailed information about Clause 54 and Clauses 54.01- 54.06, refer to the Stonnington Planning Scheme.

Websites of interest

Below are some websites that you might find useful as you seek information on planning.

The Department of Environment, Land, Water and Planning aims to create a liveable, inclusive and sustainable Victoria with thriving natural environments - where the community is at the centre of everything we do.

Planning schemes set out policies and provisions for the use, development and protection of land for an area. As well as planning schemes, this site also offers Planning Maps Online and the Planning Property Reports.

VCAT is an independent body responsible for dealing with disputes about consumer matters, credit, discrimination, domestic building works, guardianship, residential tenancies and retail tenancies.  

The Planning Institute Australia (PIA) is the Australian planning professionals’ organisation. It aims to advance regional and town planning and promotes the artistic and scientific development of regions, cities and towns.

The Australian Institute of Architects is a peak national association representing architects and the integrity and standing of the profession.

This is a guide to Victoria's residential architectural styles produced by Heritage Victoria and the Victorian Building Authority.  

Heritage Victoria is located within the Department of Planning and Community Development. It supports the Heritage Council through research, recommends additions to the Register and issues permits for alterations to heritage places.

Within the Department of Justice, this website allows you to view and download copies of Liquor Licenses issued throughout Victoria.