Estate Subdivision Post Construction
This stage involves DCP/Compliance, Maintenance and returning of bonds.
The planning permit will contain conditions that are required to be complied with prior to the issue of Statement of Compliance (SOC). One of these requirements is the payment of developer contributions in accordance with the applicable Development Contribution Plan. The permit will require that the developer contributions payment is made no more than 21 days prior to the issue of SOC for the subdivision or any stage of the subdivision.
If Council agrees to work and/or provision of land in lieu of payment, the land owner must enter into a Section 173 agreement in respect of the works or land.
Landscape works are expected to be established and maintained for a minimum of two years. This is to ensure adequate growth of the vegetation and to ensure that they are more self sustainable upon handover to Council.
Upon completion of the establishment and maintenance period if the landscape is to Council's satisfaction, final handover will occur on 1 March, 1 June, 1 September or 1 December each year.
Please note: from 2021 Council will no longer accept handover at 1 March. As such Developer will need to time their works accordingly. Please see the Landscape Construction final Handover Checklist(DOCX, 56KB).
The developer is responsible for ensuring that the landscape is to Council's satisfaction at final handover. If the works are not to Council's satisfaction the establishment and maintenance period will continue until such time as they are to Council's satisfaction. Council also reserve the right to draw on the maintenance bond to ensure that landscape works are satisfactory.
Maintenance Bonds will be returned upon application by the developer when the handover date is achieved and the Developer has been notified in writing of this.
Returning of Bonds
Following completion of subdivision works, the Developer is required to contact Council to organise Practical Completion (PC) Inspection of civil and landscaping works.
Once inspections have been conducted and Council is satisfied with works, a practical completion letter will be issued once this letter has been obtained from the relevant Council Department for either Landscape or Civil works, the Developer may notify the Council's Subdivisions team to request the return of outstanding bonds. Bonds will be returned as soon as practicable.
Details To Get Titles
Titles can only be issued after Statement of Compliance (SoC ) has been achieved.
In order to achieve SoC the following must occur:
- All Planning Permit conditions which state 'prior to Statement of Compliance' have been satisfied
- All referral authorities have consented to SoC occurring
- Council has undertaken a Practical Completion inspection and issued a letter confirming this
- All subdivision fees and bonds have been paid to Council
- Council Engineers have signed off on SoC
The SPEAR system provides an opportunity for Developers to monitor compliance with relevant permit conditions.
Once works have been completed, Council's Landscape team carry out an inspection of the works after which they will issue a Practical Completion Letter. The Developer will need to then notify Council's Subdivisions Team to request the return of the outstanding bonds.
Landscape works may be bonded at the discretion of Council subject to it not being the last stage of works on that Planning Permt. Landscape maintenance bonds must be paid prior to Statement of Compliance.
Civil Defects Liability Period
This is the period of time allotted for the minor defective works to be repaired by the developer's contractor. This is generally 3 months from the Practical Completion letter being issued by Council. However, by agreement there may be an extension of the Defects Liability Period.
All minor defective works must be rectified during the Defects Liability Period. Thereafter an End of Defects Liability Period Inspection Period must be requested by completing the Civil Works End of Defects Liability Period Inspection Form.(DOCX, 49KB)
Statement of Compliance
Engineering Civil Supervision Fee in accordance with the Subdivision Regulations 2000 is calculated at 2.5% of the total cost of construction works.
Payment is required prior to the Statement of Compliance being issued (or prior to the Practical Completion letter being issued by Council if the project only relates to road or drainage works not attached to a stage of subdivision).
CEMP Completion - Removal of fencing etc
Once all works are complete (including landscape works) and permanent erosion and sediment control measures are in place, then vegetation protection fencing and temporary erosion and sediment control measures must be removed from the site.
Developer contributions at the discretion of Council can either be provided as a monetary contribution, or works in kind, or a combination of both.
Depending on the particular circumstance either:
- the DC Levy must be paid, or
- works completed to Council's requirements prior to the issue of Statement of Compliance.