Your quotes · The statutory cap
Subdivision costs
Total your subdivision quotes into a cost per lot, and check a council’s contributions demand against the maximum the NSW Regulation allows.
Per lot
Cost per finished lot
$65,000
$130,000 across 2 lots, or $130,000 for the one extra block it creates.
The contributions check
The subdivision budget, step by step: survey and plan $14,000, council fees and certificates $6,500, civil works and services $85,000, legal and registration $4,500, and contributions $20,000, adding to $130,000.
Above the 1% general maximum for a s7.12 levy. That is often perfectly lawful — ask the council whether they levied under s7.11, which has no percentage cap, or whether your land is in one of the higher-percentage areas named in the Regulation.
Costs here are your own quotes and council-specific fees — no average is asserted. The maximum levy is the general scale in the NSW EP&A Regulation 2021 s209(2); named areas have higher maximums and s7.11 contributions have no percentage cap. NSW only. General information only — not legal or planning advice.
Your quotes, not an average
Council fees are set council by council and civil works depend on the site, so there is no schedule to quote and this page invents none. What it does is total your own numbers into a cost per lot, and check the contributions demand against the maximum the Regulation allows.
Two contribution regimes, and only one of them is capped
This is the single most useful thing to know before you open a contributions notice. A council can take money from a subdivision under either of two sections, and they behave nothing alike.
A section 7.12 fixed levy is a percentage of the proposed cost of carrying out the development, and the Regulation prescribes the ceiling: nothing up to $100,000, half a per cent from $100,001 to $200,000, and one per cent above that. Those are maximums, not rates — a council can levy less.
A section 7.11 contribution is set by the council’s own contributions plan and is typically charged per lot or per additional resident, funding the roads, drainage, open space and community facilities the new lots will use. There is no percentage cap on it at all, which is why it is the line to get in writing from your council before you commit.
If your demand exceeds the cap, ask the right question
A contribution well above one per cent is not evidence of anything going wrong. Before treating it as a mistake, establish two things: which section the council levied under, and which plan applies to your land.
The Regulation carries its own table of named areas with higher maximums — four per cent above $250,000 on some, three per cent on others — so even a percentage levy is not always capped at one. And if the answer is section 7.11, the cap never applied in the first place. Those two questions tell you which rule you are dealing with, and they cost nothing to ask.
The holding cost to budget for
A subdivision can leave you holding a vacant lot for a while — through approval, through works, through a sale campaign. Since 1 July 2019 the holding costs on that lot are generally not deductible for an individual.
Land counts as vacant when, at the time you incur the expense, it has no substantial and permanent structure on it — or has residential premises that are not in use or available for use, or that were built or substantially renovated while you held the land and are not lawfully occupiable, or are occupiable but not rented or available for rent. A new lot awaiting a buyer meets that description comfortably.
The costs caught are the ongoing ones: interest on money borrowed to acquire the land, land tax, council rates and maintenance. What is not caught is the cost of repairing, renovating or constructing a structure on the land, or the borrowing costs tied to that work. And the rule does not apply where the land is held by a company or certain trusts and funds, where it is used to carry on a business by you or a connected entity, or in the other cases the ATO lists — land made available at arm’s length to a business, for one, or land that had a permanent structure until something like a natural disaster or a major fire left it vacant.
So on a two-lot split funded by borrowings, the interest on the vacant half is a real cost with no tax offset behind it. Put it in the feasibility, not in the surprises.
Per lot is the number that matters
Total project cost tells you what you need to fund. Cost per finished lot tells you whether to proceed, because it is the figure you can hold against what a finished block actually sells for in your street. The line under it divides by the extra blocks instead — one, on a two-lot split — which is what creating each new title cost you.
Run the numbers for more than one lot count. Survey, application and legal work may barely move between two lots and three, while civil works and contributions scale with what you create — so the cost per lot can fall as the lot count rises. Your own quotes will show whether it does.
Frequently asked questions
How much does it cost to subdivide land?
What is the maximum a council can charge in contributions?
My contribution is way more than 1% — is that legal?
What is the "proposed cost of development"?
Can I claim the holding costs on the new vacant lot?
Do the costs change with more lots?
Can I subdivide a block that has a granny flat on it?
Keep tallying
Sources
- Maximum percentage of a section 7.12 development levy, the nil / 0.5% / 1% general scale, and the table of named higher-percentage areas, at section 209; what goes into the proposed cost of development, and indexing it before the levy is paid, at section 208 — Environmental Planning and Assessment Regulation 2021 (NSW), current version for 1 September 2026.
- No subdivision of a lot on which development has been carried out under the secondary-dwellings Part — State Environmental Planning Policy (Housing) 2021, Chapter 3 Part 1, section 51.
- Vacant land holding costs, the definition of vacant land, the costs caught and excluded, and the entity and business exceptions — ATO, Rental properties 2026 — rental expenses, Deductions for vacant land, last updated 30 May 2026; see also Taxation Ruling TR 2023/3.
- Survey, civil works, service connections, legal fees and council charges have no published national or state-wide schedule, so none is asserted — they are your inputs.