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.