Selling Subdivided Block

Hi All,
I know I will need to get specific legal advice on this but just wanted to first run it by here to get an understanding before first engaging, likely someone from here.

I am soon to do a battleaxe subdivision of my block which has DA approval for a dwelling at the rear. Instead of doing the build myself I am planning to sell of the vacant land to which that responsibility will fall to someone else.

I will be living in the front property and the concern that I have is what I am liable for and how this is negotiated or entered into the contract of sale (if at all) for the vacant block when construction begins.

For example we will need a new crossover and also their is going to be a carriageway created which both properties would share. As there is no storm water engineering has created a pump system and as part of that it has the front dwelling storm water connecting into this. There may also be other considerations I have not thought about as well.

Any advice would be greatly appreciated.

Thank You
 
All these conditions could be written into the contract of sale, although they would be much more powerful as conditions in the planning permit for the rear unit.

What does the existing permit say? Does it require the crossover and the water assets as a condition of obtaining certification/occupancy? Is a section 173 Agreement required?
 
Hi Kate,

At this stage a section 173 agreement has not been required but talking to the land surveyors they have made mention of this.

The planning permit only states that the parking areas and access ways must be in accordance with the endorsed plans and maintained to the satisfaction of the responsible authority.

It then states that they drainage pump system must be used and a plan prepared and submitted to the relevant authorities.
 
Then it sounds like your conditions are already included in the permit conditions, which the purchaser will need to satisfy in order to complete the build.

To give you an additional remedy, you could specifically list in your contract of sale that the purchaser is obliged to comply with the permit provided, number xyz.
 
You will not be able to create the subdivision until you have satisfied the conditions in the DA. Without the storm water or driveway you will not get council sign off.

The other authorities will require that you provide power to the pump out system.

You mentioned that you will be living in the front block but your storm water is to be connected to the storm water system. Under this DA you must build the storm water system.

Once you have satisfied the conditions imposed by the council then your surveyor can prepare the linen plan, S88 instruments and the plan of subdivision.

Alternatively, you may elect to do nothing and sell the entire block with the DA with the purchaser doing the required work & undertaking the subdivision.
 
Thanks for the detailed response Scott.
So what is my next step, I suppose it's contacting council and advising them of my plans to subdivide and sell the vacant block and then they will point me in the direction?
 
Then it sounds like your conditions are already included in the permit conditions, which the purchaser will need to satisfy in order to complete the build.

To give you an additional remedy, you could specifically list in your contract of sale that the purchaser is obliged to comply with the permit provided, number xyz.

Hi Kate,
Sorry just read this. I am a bit confused between what you and Scott have said.
Are you saying it is possible to sell the land and the connection of all utilities including storm water is the purchasers responsiblity?

If so how is this possible without first getting the new title created?
 
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