Boundary Adjustments

September, 2013|

In NSW, a boundary adjustment (subdivision) can be effected without reference to Council in certain circumstances. This method of altering boundaries can be useful where there may be an encroachment of your building over your neighbours land or where it is desired to alter boundaries to follow particular landforms or features.

Pursuant to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP), a plan suitable for registration and prepared by a registered surveyor can simply be lodged with the Land Titles office. There is no need to lodge a development application with the Council to alter the boundaries in these particular matters. Subject to certain restrictions, such subdivisions are referred to as ‘Exempt Development’ (that is exempt from the requirement to obtain development consent) under the Codes SEPP.