The Western Australian Planning Commission (WAPC) is responsible for approving all subdivision applications in Western Australia. The WAPC has introduced a standard plan process for strata, freehold (green title) and survey strata subdivisions. Subdivision, amalgamation and strata title application and process information can be obtained from the Western Australian Planning Commission Western Australian Planning Commission.
Built strata subdivisions are a separate type of subdivision predominately determined by the relevant local government. For further information, please refer to the Department of planning lands and heritage and below.
Subdivision clearance request
Once the Western Australian Planning Commission has issued an “Approval Subject to Condition(s)” for your subdivision, you will have a certain period of time (usually 3 years but check your approval as time periods may vary) to fulfil any conditions listed and submit all written confirmation to the WAPC to finalise your approval.
The agency (e.g. Western Power, Water Corporation, etc.) or local government responsible for each condition is noted in brackets at the end of each condition on your approval. It is your responsibility to take the necessary actions to fulfil each condition and receive written confirmation from each agency that their condition(s) have been satisfied. Any questions about a condition should be directed to the agency or authority responsible for that condition.
When you have fulfilled the local government conditions and are prepared to seek written confirmation of clearance from the City of Fremantle, please submit all of the following:
- application for subdivision clearance request form
- photos of the lot (as evidence of completion of conditions)
- application fee (page 8 of information required for planning applications document)
- three copies of Diagram or Plan of Survey (deposited / strata plan).
Crossovers and kerb
A crossover or vehicle crossing is the concrete area between the road and the driveway on your property.
View the crossovers page for more information.
Built strata subdivision applications
A built strata subdivision is a special form of subdivision where buildings are already fully constructed or proposed to be constructed. For the most part, a built strata subdivision is used for multiple dwellings (ie: flats) where one unit is on top of another, or as an alternative to a survey strata subdivision where there is already more than one house on the lot, though it may also be used to create a vacant lot.
There are benefits and drawbacks to each type of subdivision and it is suggested you speak to a private land surveyor or building certifier to see which type of subdivision suits your specific needs. The City of Fremantle cannot advise which subdivision to use.
The requirements for lodging a built strata application are outlined in WAPC Planning Bulletin 110/2013. Further information on the forms and other documents required for built strata applications is provided below.
Form 24 Application: Built strata applications must be made using a Form 24 Application. A Form 24 Application is a required preliminary application that essentially acts as a statement of intent to create a future Built strata subdivision.
A Form 24 and can be lodged at any point once the building has received all necessary development approvals and building permits from the City. The minimum information required is as follows:.
Minimum information required:
- Form 24 application form available for downloaded from the WAPC's website.
- A copy of the proposed Strata Plan
- Application fee (refer Department of Planning, Lands and Heritage website)
Once the Form 24 Application has been lodged with the City, the City has 40 calendar days to determine the application. The preliminary approval may be subject to conditions that must be fulfilled (e.g. compliance with the conditions of the original planning approval).
Form 26 Application: An application for a certificate of final approval for a Built strata subdivision must be made on a Form 26 Application. A Form 26 should only be lodged with the City once the works on-site have been fully completed and all relevant conditions of the planning approval have been fulfilled (which is also a condition of the Form 24 approval). Please be aware that the Form 26 only relates to the planning approval issued for the site and not the building permit.
Minimum information required:
- Form 26 (available for download from Landgate web site
- A copy of the Strata Plan
- A covering letter to provide confirmation that the conditions of the planning approval are completed and comply with the approved plan
- A completed Planning Condition Matrix Proforma
The City has 30 calendar days from lodgement to determine Form 26 applications.
If conditions of the planning approval are outstanding and cannot be addressed within the 30 day time frame, the City can issue a refusal. If the Form 26 is refused or otherwise not determined within 30 days, the applicant may submit an application for review to the State Administrative Tribunal. Refer WAPC Planning Bulletin 110/2013 for further information.
Lodging Form 24 and Form 26 applications concurrently will not be accepted by the City unless the development works are complete and fully compliant with the conditions of the planning approval and the minimum information for each application is provided (see above).
Planning approval is granted under separate legislation to a building permit. Therefore, any modifications made to the development that varies from the planning approval would require an application for an amendment to the planning approval.
This needs to be undertaken prior to construction of the development to avoid any complications during the building phase. The City will not approve a Form 26 application that is inconsistent with the planning approval regardless of the building permit.
Any inconsistency with the planning approval and the constructed development may require subsequent modifications to the development at the landowner/applicant's cost.