Draft community title land division amendments to the General Regulations

Consultation is open on draft amendments to the Planning, Development and Infrastructure (General) Regulations 2017, prepared in response to cases where community lots have been sold without suitable access.

The draft Planning, Development and Infrastructure (General) (Community Title Land Division) Amendment Regulations 2024 (PDF, 163 KB) propose the following key amendments to the General Regulations:

• a new prescribed condition under regulation 85A, requiring that the construction of common property comprising a driveway or private road must be completed before the Commission issues its land division certificate
• amending regulation 88 to allow the Commission to issue its land division certificate where the above condition has not been satisfied if the applicant enters into an agreement with the relevant local council that is supported by adequate security
• amending regulation 88(2) to include community plan (in addition to strata plan) under the under the Community Titles Act 1996 (as the case requires)
• amending Schedule 8 to require an application for community title land division proposing the construction of a common driveway or private road, to be accompanied by details of the design of the driveway or road and the costs associated with the construction of the driveway or road, to assist councils in determining the amount required to be held as security.

These proposed changes are part of the South Australian Government’s commitment to investigating mechanisms to ensure consumers purchasing community title properties are adequately protected.

This follows updates to Practice Direction 12, which provide flexibility for the State Planning Commission to issue its land division certificate under section 138 of the Planning, Development and Infrastructure Act 2016 where councils are satisfied that either the common driveway has been constructed or that evidence of appropriate security for the construction of the common driveway has been provided.

Feedback can be submitted to PlanSASubmissions@sa.gov.au by 19 December 2024.