Developers and landowners: Any person seeking to subdivide land in Victoria must follow the Act's process. Failure to do so means the subdivision is not legally effective.

Municipal councils: Have certification functions and must decide whether plans comply with the Act, planning permits, and planning scheme requirements.

Referral authorities: Bodies with statutory interests in infrastructure, roads, drainage, utilities, and the like. They have rights to impose conditions on plans.

Lot owners in subdivisions: Their rights in lots and common property are created and governed by the registered plan and the Act.

Owners corporations: Created on registration of plans with common property. They are bodies corporate that must comply with the Owners Corporations Act 2006 (Vic) as well as this Act.

Plan certification process:

1. Applicant prepares a plan and applies to the Council for certification (section 6).
2. Council must: certify the plan if it complies with the Act and any planning permit; or refuse (section 6). Certification expires after 5 years unless extended (section 7).
3. Where required, Council refers the plan to referral authorities (section 8). Referral authority must respond within 28 days (section 9).
4. Council may require alterations (section 10).
5. Plan must show required easements and other rights (section 12).

Statutory requirements (Part 3):

• Council or referral authority may require engineering plans for works (section 15).
• Works must comply with standards (section 16).
• Council may require public open space up to 5% of site value or a monetary contribution (section 18).
• Statement of compliance required before registration (section 21).

Registration (Part 4):

• Registrar must register a certified plan when statutory requirements are satisfied (section 22).
• On registration of a plan with common property: an owners corporation is created; common property vests in the owners corporation (or as specified); lots vest in the subdivider or as provided (section 24).

Council: May certify or refuse to certify. May require alterations (section 10). May require public open space or a monetary contribution (section 18). May consent to amendment of a certified plan (section 11). Issues statement of compliance (section 21).

Referral authority: May consent to certification, refuse consent, or impose conditions (section 9). May withdraw consent within a limited period.

Registrar: Registers plans when statutory requirements are met (section 22). May require documents and information (section 22A). Must refuse if documents not supplied (section 22B).

VCAT: Hears disputes about plans, easements, owners corporation matters, and orders requiring compliance (sections 34A–34F, 39–41B).

Minister: May delegate functions (section 42).

Non-compliance with requirements: Failure to obtain certification or registration means the purported subdivision is not legally effective. The lots created do not exist in law.

Enforcement of agreements (s 21A): A Council may enforce an agreement entered into as a condition of certification or registration.

VCAT orders: VCAT may order compliance with the Act (section 34E); may refer matters to the County Court (section 34C); may make declarations (section 41).

Planning enforcement: Subdivision without a required planning permit may also constitute an offence under the Planning and Environment Act 1987.

1. Plan preparation: Applicant prepares subdivision plan (and any required engineering plan under section 15).
2. Council application: Apply to Council for certification (section 6).
3. Referral: Council refers to relevant referral authorities (section 8); authorities must respond within 28 days (section 9).
4. Conditions: Council and referral authorities may impose conditions or require alterations (sections 9, 10).
5. Works compliance: All required engineering works completed, complying with standards (sections 16–17).
6. Public open space: Satisfied by land dedication or monetary contribution (section 18).
7. Statement of compliance (s 21): Issued by Council when all requirements satisfied. Must specify section 173 agreements and other relevant matters.
8. Registration: Certified plan lodged with Registrar together with statement of compliance (section 22). On registration, legal effect of subdivision occurs (section 24).
9. Certification expiry: Certification expires 5 years after date of certification if plan not registered (section 7).

Planning and Environment Act 1987 (Vic): A subdivision generally requires a planning permit under the Planning and Environment Act 1987 in addition to certification under this Act. Section 173 agreements (planning agreements) must be noted on the plan (section 21). The statement of compliance must address planning permit conditions.

Transfer of Land Act 1958 (Vic): The Registrar maintains the register of titles and registers subdivision plans under this Act. A charge under section 74 of the Transfer of Land Act is included in the definition of "charge" in section 3.

Owners Corporations Act 2006 (Vic): An owners corporation created under this Act is governed in its ongoing operations by the Owners Corporations Act 2006. This Act deals with the creation of the owners corporation and plan requirements; the Owners Corporations Act governs day-to-day management.

Local Government Act: Councils exercise their certification functions as local government bodies. Council decisions are subject to review under the Victorian administrative law framework.

VCAT Act (Victorian Civil and Administrative Tribunal Act 1998): VCAT hears disputes and review applications under this Act.

Certification expiry is real and consequential. A certified plan that is not registered within 5 years expires (section 7). The developer must then start the certification process again, which means the plan must comply with the Act and planning scheme as at the new application date which may have changed. Significant development projects have been delayed or redesigned because of certification expiry.

Statement of compliance is a precondition to registration. The Registrar cannot register a certified plan without a statement of compliance unless it falls within an exemption (section 22). Developers who have their plan certified but fail to satisfy the conditions (including completing required works) will not be able to register.

Public open space requirements apply to all subdivisions above a threshold. Section 18 empowers Councils to require up to 5% of site value as public open space or monetary contribution for each subdivided lot. For large multi-stage developments this can represent a substantial impost that should be factored in at the planning stage.

Owners corporation is created automatically on registration. Once a plan with common property is registered, the owners corporation exists by operation of law. The developer cannot choose to delay or modify this. Once created, the owners corporation must comply with the Owners Corporations Act 2006 (Vic).

Plans must show all required easements. Section 12 requires plans to show specified easements. A plan that fails to show required easements will not be certified. Easements for services (drainage, sewerage, electricity) are often required by referral authorities as a condition of consent.

Scenario 1: Multi-lot residential subdivision A developer buys a 1-hectare site and intends to subdivide it into 10 lots. They need a planning permit (under the Planning and Environment Act 1987) and must then apply to the Council for certification under this Act. The Council refers the plan to VicRoads (road access), Melbourne Water (drainage), and the relevant utility. Each referral authority may impose conditions including easements for drainage (section 12). The developer completes the required infrastructure works (section 17) and obtains a statement of compliance (section 21) before lodging the certified plan for registration.

Scenario 2: Apartment building with common property A developer builds an apartment block and lodges a plan of subdivision creating individual apartment lots plus common property (foyer, lifts, car park). On registration of the plan, an owners corporation is automatically created (section 27A, 28) to manage the common property. The plan must specify lot entitlements and lot liabilities (section 27F). The owners corporation then operates under the Owners Corporations Act 2006.

Scenario 3: Certification expiry A developer obtains certification of a plan in 2019. Development is delayed and the plan is not registered by 2024 (5 years). Under section 7, the certification expires. The developer must re-apply to the Council for certification of the plan. The Council must certify the plan as at the new application date, which means the plan must comply with any planning scheme amendments since 2019.