Subdividing land means dividing the parcel of land for sale, conveyance, transfer, lease, sublease, mortgage, agreement, partition or other dealing or by procuring the issue of a certificate of title under the Land Transfer Act. It includes:
- Creating lots from subdividing another lot
- Merging two or more lots into one lot (amalgamation)
- Rearranging the boundaries of a lot without creating a new lot
- Creating a community title scheme
- Creating an easement to give access to a lot from a road
Note: An Agreement For Lease with the Itaukei Lands Trust Board (TLTB) is not recognized as a registered lease until the subdivision process is undertaken through Department of Town & Country Planning and requisite clearance of the Survey Plan by the Department of Town & Country Planning and title registration with the Registrar of Titles. No building applications will be considered until the Subdivision process is completed and a registered lease is obtained from TLTB.
The Subdivision Process
Before a new lot is transferred, it must be created and have the title registered. The planning approval process for subdivision is:
- Lodge a subdivision scheme application with the Department of Town & Country Planning Suva Office. However, if the proposal is more than five (5) acres the application will need to be lodged at the relevant Municipal Council, which are then forwarded to the Department of Town and Country Planning for consent.
- Undertake the subdivision and required works in compliance with the conditions of the approval
- Submit a survey plan with the Department of Lands with the Completion Certificate from the Municipal Council and other stakeholders outlined in the approval.
- Register your survey plan with the Register of Titles office
- Note: Subdivisions within the Suva City and Lautoka City Boundaries are lodged directly with the respective Councils in accordance with the by-laws under the Local Government Act.
Subdivision Application Requirements
When lodging an application with the Department of Town & Country Planning, or the Municipal Council, you must provide the following documents:
- 7 Copies of Subdivision Form
- 7 Copies Town Planning Application for Development Forms
- 7 Copies of Scheme Plan (in accordance with Subdivision of Land Regulations)
- Covering Letter stating the purpose of the subdivision
- Other relevant documents e.g. Sale and Purchase Agreement applicable to Freehold land, Will & Last Testament and Probate, Restrictive Covenants, Consent from Sugar Industry Tribunal (for cane land)
- Proof of Ownership
- For Freehold Land
- Clear copy of the Certificate of Title & Transfer Page.
- For Native Land
- Land Development Vetting Committee Comments
- Survey Instruction
- For Freehold Land
- Agreement for Lease
- For State Land
- Letter of Consent from the Ministry of Lands and Mineral Resources
- Copy of the Approval Notice/Lease
Payment & Fees
You must pay an application fee when you lodge your subdivision application with the Department of Town & Country Planning.
The Lodgement of The Subdivision Application
You will need to engage the services of a Registered surveyor to design your subdivision, so it complies with the relevant assessment criteria of the Department of Town & Country Planning. You may also choose to have a pre-consultation meeting with the Department of Town and Country Planning to help you prepare your Subdivision application. This is not mandatory but will save you time and make the process easier.
Rezoning of land means changing the use of the subject land from its original purpose. There are six (6) major land zones under which different land uses are classified in accordance with the Town Planning Act General Provisions. These are:
- Special Use
Rezoning Application Process
The rezoning application process depends on whether your property is within or outside the Town Planning Scheme boundary.
Properties with the Town Planning Scheme boundary (Scheme Amendment)
- Lodge a Rezoning application with the relevant Municipal Council.
- If the rezoning application is Provisionally Approved by the Director of Town & Country Planning, the applicant will need to liaise with the Municipal Council to advertise the provisional approval in the Fiji Government Gazette and the newspaper for two (2) consecutive Fridays and undergo an objection period of 30 days.
- Once the objection period has ended the Municipal Council will submit its comments and recommendations to the Department of Town & Country Planning for the Director’s approval.
- If there are objections to your provisional approval, the Department of Town & Country Planning must first address all objections before endorsing a Final Approval
- After the Final approval is endorsed by the Director Town & Country Planning, the applicant is to liaise with the Municipal Council to advertise the Final Approval in the Fiji Government Gazette and the newspaper for two (2) consecutive Fridays.
- The Applicant will then be required to comply with the conditions of the approval set out in the rezoning approval.
- Properties outside the Town Planning Scheme boundary
- Lodge a rezoning application with the relevant Municipal Council with the relevant forms and documents If approved, undertake the required works in compliance with the conditions of the approval
When lodging an application with the Municipal Council, you must provide the following documents:
- 3 Copies of Town Planning Application for Development Forms
- Background Information relating to proposed zoning e.g. For Commercial rezoning-type of commercial activity or use intended
- Concept plans for Tourism and Commercial projects.
- Proof of Ownership (Title, Lease Documents)
Other relevant documents e.g. Foreign Investment Certificate if applicant is a foreign investor.
Payment & Fees
You must pay a rezoning application fee when you lodge your application. There are also fees for advertising for provisional approvals which are applicable for properties within the Town Boundary, these are incurred after receiving a Provisional Approval from the Director Town & Country Planning. These fees are separate and are not part of the application fee.
We recommend having a pre-consultation meeting with the Department of Town and Country Planning to help you prepare your planning application. This is not mandatory but will save you time and make the process easier.