Stratas and subdivisions

Stratas and subdivisions

The Council's procedures for applications for a Certificate of Approval under the provisions of section 31 of the Strata Titles Act 1998 and for the lodgement of final plans for subdivisions under the provisions of section 88 of the Local Government (Building and Miscellaneous Provisions) Act 1993 have changed.

The Building and Construction (Regulatory Reform Amendments) Act (No. 2) 2020 has amended section 31 of the Strata Titles Act 1998 and sections 88 and 89 of the Local Government (Building and Miscellaneous Provisions) Act 1993. These amendments have introduced time frames for Councils to issue, or refuse to issue certificates of approval under section 31 and to determine if a final plan lodged at Council complies with Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993.

Applications for a Certificate of Approval under section 31 of the Strata Titles Act 1998

The amendment requires that Council, must within 30 business days after the day on which it receives the application, issue, or refuse to issue, a certificate of approval in relation to the application.

The amendment requires applicants to lodge with the application evidence, satisfactory to the Council, that is sufficient to enable the Council to be satisfied as to the matters specified in section 31 (3) of the Act, as Council must do before issuing a certificate of approval.

It also introduces the ability for the Council to request further information in order to determine the application within a 15 business day period and a 'stop clock' mechanism in relation to the further information request.

Once the further information has been provided to the Council, the Council then has 8 business days to decide that the information is satisfactory or notify the applicant that the information is not satisfactory and send a further information request.

The Council has developed the attached forms:

These need to be completed and lodged with applications for a Certificate of Approval under the provisions of section 31 of the Strata Titles Act 1998.

Applications for a Certificate of Approval will need to be lodged through the City of Hobart's Development Portal as a Strata and Final Plan Submission. Strata plans should be lodged as a Strata Submission.

The application forms and any supporting information will need to be lodged through the development portal.

Hardcopy strata plans will still need to be lodged separately at Council as hardcopy plans are required for certification by Council and the subsequent lodgement at the Land Titles Office.

The application will not become valid until the original set of strata plans has been received by Council and the fee for a Certificate of Approval has been paid.

Lodgement and Approval of Final Plans (Plan of Survey) and Schedules of Easements

The amendment to section 89 requires that Council, within 20 business days after a final plan is lodged for sealing under section 88 (1) is to determine whether the final plan complies with Part 3 of the Act or determine that the final plan does not comply with Part 3.

The amendment to section 88 of the Act requires that along with the final plan and schedule of easements under section 88 (1) (ca) evidence, satisfactory to the council, of the completion of each of the relevant works that are required to be carried out in relation to the proposed subdivision; and under section 88 (1) (cb) evidence, satisfactory to the council, that each of the conditions on a permit, within the meaning of the Land Use Planning and Approvals Act 1993, that must be complied with before the final plan in relation to the proposed subdivision may be sealed, have been complied with is to be lodged at the Council.

It also introduces the ability for the Council to request further information or documents in relation to the final plan within a 10 business day period and a 'stop clock' mechanism in relation to the further information request. Once the further information has been provided to the Council. The Council then has 8 business days to decide that the information is satisfactory or notify the applicant that the information is not satisfactory and send a further information request.

Applications for the sealing of a final plan will need to be lodged through the City of Hobart's Development Portal as a Strata and Final Plan Submission. Final plans and schedules of easements should be lodged as a Final Plan Submission.

The application will need to be accompanied by a covering letter that details the evidence of the completion of each of the relevant works that are required to be carried out in relation to the proposed subdivision and include any relevant certificates or supporting information to satisfy section 88 (1) (ca). It must also detail the evidence that the planning permit conditions that must be met prior to the sealing of the final plan have been complied with and include any supporting information to satisfy condition 88 (1) (cb).

Hardcopy final plans and schedules of easements will still need to be lodged separately at the Council as hardcopy plans are required for certification by the Council and the subsequent lodgement at the Land Titles Office.

The application will not become valid until the original final plan and schedule of easements has been received by the Council and the final plan sealing fee has been paid.

Public open space contributions

A planning permit which approves a subdivision may include a condition that there must be a cash contribution to the City in lieu of the provision of public open space. Approval of a subdivision will create further demand upon the City's parks and other public open spaces. The funds obtained will be used for future expenditure on the purchase or improvement of land for public open space within Hobart.

The open space contribution is equal to 5% of the undeveloped value of the land being subdivided. The value of the land will be determined by a registered valuer commissioned by the Council at the developer's cost. Please complete the cash-in-lieu valuation request form(PDF, 260KB) and email it to coh@hobartcity.com.au to initiate the valuation process.

For further information, please see the Public Open Space Contribution Policy(PDF, 109KB).

For assistance with lodging applications through the Development Portal, please contact our Surveying Services unit on 03 6238 2711.