What is plan sealing?
Following the issue of development permits for reconfiguring a lot and operational works, the plan of subdivision (or survey) is required to be 'signed' and 'sealed' by Council prior to registering the plan at the titles office of the Queensland Department of Natural Resources & Mines (DNRM).
Commonly used terms for "Plan of Survey"
- Linen plan
- Title plan
- Subdivision plan
- Plan of subdivision
- Survey plan
- Registered plan
- RP or SP
- The conditions stated on the development permit are completed (or Council otherwise secures their completion with a bond).
- Plan of survey prepared by registered surveyor in accordance with the approved development permit.
- Plan of survey lodged to Council for signing and sealing.
- Signed and sealed plan of survey collected from Council and lodged to the Department of Natural Resources & Mines for registration of the land title with the State government.
Visit the Department of Environment and Resource Management website for a listing of land title regulatory fees applicable to registering a plan of survey.
Types of plans
There are a number of different methods of reconfiguring land. These methods may include:
- Dividing land by agreement;
- Boundary rearrangement; or
- Access Easement.
If the reconfiguration involves subdivision, there are three (3) types of formats that are possible under the Land Titles Act. They are:
- Volumetric; and
You will need to specify in your application (if applicable):
- Length of new road
- Number of lots
- Area of Park & Open Space; and
- Area of Drainage Reserve
Are you creating an easement?
If you are creating an easement, you will need to provide easement documents with your application.
Will you require a Community Management Statement?
If you are creating a community title (eg. standard format or building format plan) and the plan of survey includes common property, you will need to provide a signed Community Management Statement for endorsement.
Plans of survey are sealed under bond when the earthworks and 50% of all operational work has been completed and other conditions of approval have been met. Council will sign and seal the plan of survey, with the outstanding works to be completed within three (3) months.
In this case, the works to be completed are secured by a bond and a deed. This is called 'bonding of works' and allows the developer to deal with the land after the plan of survey has been signed and sealed.
To allow this to happen, a schedule of works is submitted by the engineer for approval. This schedule is included in the deed for outstanding works.
A bank guarantee or cash, being the greater of the value of outstanding works + 25%, or $4585 + the value of the maintenance security, is to be submitted. The plan of survey will be signed and sealed by Council, enabling the developer to deal with the land.
When works have been accepted 'On Maintenance', the bond will be reduced to the value of the Maintenance Bond, which is 5% of total works.
It is also possible to bond works for developments other than reconfiguration, in a similar manner.
The Bond is to be submitted on bank letterhead and signed by the bank's attorney. Refer to the bottom of this page for a satisfactory form of bank guarantee.
Council is to be provided with an original and two (2) copies of the Deed. These documents are to be stamped and bound prior to lodging with Council. The Engineers Certificate, details of contractors, estimate of uncompleted work and Development/Subdivision Permit are also to be bound into the deed and the copies of the Deed.
Refer to the bottom of this page for a satisfactory form of the Deed.
The Engineers Certificate is to be completed. Refer to the bottom of this page for an example. The minimum value of the performance bond shall be the value of the maintenance bond plus $4585.00. NOTE: INTEREST WILL NOT ACCRUE ON DEPOSIT.
The engineer's certificate is to be bound into the deed and the copies of the deed.
The surveyor's certificates required on page 3 of the draft deed shall be in the following format:
"Pursuant to Clause 4(a)(ii) of the Deed dated ................... between the Council of the Shire of Pine Rivers and ...................., "I, ......................, being a licensed surveyor, hereby certify that on ..................(date) all appropriate survey marks shown on the Plans of Survey No's. ......................... are in their proper position.".............................................
The surveyor's certificate is to be bound into the deed and the copies of the deed.
Lodging a plan sealing application to Council
Please refer to the Application checklist (Form DE2) for a comprehensive list of all documents and fees that need to be submitted to Council when lodging a plan sealing application.
It is imperative that ALL documents are lodged or the application will be returned to you and a resubmission fee will apply when it is re-lodged.