Changes to a plan of subdivision

If you want VCAT to make an order about changing a plan of subdivision you can make an application to VCAT under the Subdivision Act 1988 Part 5.

Under the Act you can apply for VCAT to make orders requiring an owners corporation to amend or alter a plan of subdivision. You can also apply for an order stating that VCAT consents to the change of a plan of subdivision on behalf of non-consenting members of an owners corporation.

Need help with your application?

VCAT cannot give you legal advice. Seek legal help if you are unsure about your legal options. The following services may be able to help you:

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission. If you are represented by a legal or other professional representative, we will only communicate with them.

Find free or low-cost legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. For more about applying for confidentiality.

Legislation that applies to this type of case

Cases VCAT can hear

VCAT can hear cases about owners corporations or lot owners wanting to change a plan of subdivision.

  • Complete the application form and specify that you are making the application under the Subdivision Act 1988 Part 5. If you are using the online form the fee is calculated automatically and you will be asked to pay with a credit card before submitting the form.  Read more about Applying to start a case.

  • When we receive your application we allocate a reference number. We send a notice of hearing by post to all parties, including the respondent. We also send the respondent a copy of your application. The notice of hearing sets out the date, time and place of the hearing. We may also ask you to attend a directions hearing so that VCAT may decide what needs to happen next, including options to resolve your case without a hearing. Read more about what happens when VCAT opens a case.

  • At VCAT we use compulsory conferences and mediation to allow the parties to work together towards a settlement. If we tell you to attend a compulsory conference or mediation, it may help if you prepare an opening statement. Use the opening statement to clearly state your case. It can be a helpful starting point for discussion between the parties. See more about how to resolve a case by agreement.

  • The VCAT member decides the case based on evidence and submissions. As soon as we provide a hearing date, start preparing for the hearing. You should bring all documents to support your case, with an additional copy to be provided to the member and the other parties. Read more about how to prepare for your final hearing.

  • Arrive at VCAT with plenty of time so that you are not late for your hearing. Go to the counter and tell them that you have arrived for your hearing. If your hearing is at 55 King Street in Melbourne the counter is on the fifth floor. When your case is called, move into the hearing room and wait for the member to announce that your case is about to be heard.  Read more about what to expect on hearing day.

  • The VCAT member may give their decision at the end of the hearing. If they need more time they usually give a decision within six weeks of the last hearing date or the date when any further written submissions are filed with us. The VCAT member may give reasons for the decision verbally or in writing. If you want the reasons in writing, you must make the request within 14 days of the hearing date. Read more about what to expect after the final hearing.

Professional representation 

You do not need to have legal or other professional representation to appear at VCAT. In most cases, VCAT must first approve having someone else represent you, unless all other parties agree. If you are represented by a legal or other professional representative, we will only communicate with them. For more information, see professoinal representation at VCAT.

Remember your reference number 

VCAT gives you a reference number for your case. Use this number whenever you contact us or the other people involved in the case.

Access and privacy

VCAT hearings and files are usually public. We have limited authority to restrict access to information except in certain circumstances. Learn more about applying for confidentiality.

If you need assistance at VCAT (including interpreters, hearing loop, video or telephone links, or family violence support) please contact us as early as possible so we can assist you. Learn more about customer support at VCAT.

Legislation that applies to this type of case

Subdivision Act 1988 Part 5