Boundary Realignment Subdivision – Realignment of Lot boundary between abutting lots
Realigning a common boundary between two parcels is just another subdivision. Generally we might simply realign an existing boundary to remove an encroachment problem such as a retaining wall or building or as a means of remedying occupation issues or even swapping unused land between neighbours.
The adjustment of areas and dimensions are generally minor. A Council Application will be required for the realignment but are mostly looked on favourably if the resultant parcels still comply with the planning scheme and mostly a net zero area adjustment (Subject to discussions with your Council). Both land owners are parties to the application and lodgement at the Title Office. Be wary of other interests in the land, in particular Mortgagees as you will require their consent also.
All subdivision of this nature requires a Development Approval (DA) from Council.
A development application is an application for a development approval made under the Planning Act 2016 and is required for Development defined as:
- reconfiguring a lot (i.e. a subdivision)
- carrying out building work
- carrying out plumbing or drainage work
- carrying out operational work
- making a material change of use of premises (i.e. starting a new use or changing the intensity or scale of an existing use)