Short answer: a boundary realignment moves the common boundary between two neighbouring lots without creating any new lots. In Victoria it is treated as a subdivision, so in the Geelong region it usually needs a planning permit from council, a plan of subdivision prepared by a licensed land surveyor, council certification and a Statement of Compliance before new titles are issued. Many simple realignments between two lots can go through VicSmart, the state’s fast-track permit stream, which has a 10 business day decision timeframe once council has a complete application.
Boundary realignments come up more often than people expect, from a shed or driveway that sits over the line in an older Geelong street to two neighbours in Lara or Drysdale agreeing to swap a strip of land. This guide explains when a realignment makes sense, how the process works in Victoria and where a land surveyor fits in.
What is a boundary realignment?
A boundary realignment (sometimes called a boundary adjustment) changes where the shared title boundary between two lots sits. The number of lots stays the same, but the size and shape of each one changes. Because the land in each title changes, the work is done by a plan of subdivision under the Subdivision Act 1988 (Vic), and once the plan is registered each owner receives an updated title.
It is different from simply moving a fence. A fence is a physical structure; the title boundary is a legal line. Moving the fence alone does not change who owns the land, and it can cause confusion for future buyers. A realignment makes the legal boundary match what the owners have agreed.
Common reasons for a boundary realignment in Geelong
- Fixing encroachments: a garage, carport, shed or driveway built partly over the title boundary, often uncovered by a fence boundary survey or a re-establishment survey.
- Making a lot more usable: giving one lot a wider frontage, better access or a more regular shape so it is easier to build on.
- Preparing for development: tidying up boundaries before a new home, an extension or a future two-lot subdivision.
- Family or farm arrangements: adjusting boundaries between related properties on the Bellarine, the Surf Coast or around Ballarat so each lot suits how the land is actually used.
- Selling part of a backyard: transferring a strip of land to a neighbour where both owners agree.
How the process works in Victoria
Every job is different, but most boundary realignments follow these broad steps.
1. Re-establish the existing boundaries
The first step is a re-establishment survey to locate the current title boundaries and record where fences, buildings and other features sit in relation to them. Under the Surveying Act 2004 (Vic), only a licensed surveyor can define title boundaries, so this gives both owners an accurate starting point. Where levels, trees or buildings matter, a feature and level survey may be added.
2. Agree on the new line
With the survey in hand, the owners decide where the new boundary should go. A land surveyor can show the effect of different options on lot sizes, setbacks, access and any easements. It is worth getting legal advice at this stage too, because the land being transferred may affect mortgages, the value of each property and stamp duty or tax obligations. We cannot give legal or tax advice, but we can provide the plans and areas your advisers will need.
3. Planning permit
In most zones a planning permit is needed to subdivide land, and a realignment counts as a subdivision. Under the Victorian planning provisions, an application to realign the common boundary between two lots can be assessed through VicSmart where the area of either lot is reduced by less than 15 per cent and the general direction of the common boundary does not change. In rural zones, each new lot also needs to meet the minimum area set for that zone. VicSmart applications are not advertised and council must decide them within 10 business days of receiving all the required information.
Larger changes that do not meet those criteria go through the standard planning permit process. Either way, the application goes to the relevant council, such as the City of Greater Geelong, Surf Coast Shire, the Borough of Queenscliffe or the City of Ballarat, so check with their planning department early. A typical VicSmart application includes current title searches, a scaled and dimensioned plan showing the existing and proposed boundary, and a written statement explaining the reason for the realignment.
4. Plan of subdivision, certification and Statement of Compliance
Once the permit is in place, the licensed surveyor prepares the plan of subdivision. Council certifies the plan under the Subdivision Act 1988, and any permit conditions and referral authority requirements need to be met before council issues a Statement of Compliance. The plan is then lodged with Land Use Victoria for registration and new titles are created. If a mortgage is registered on either title, the lender will usually need to consent to the plan.
5. Mark the new boundary
After registration, the surveyor can place marks on the new boundary so a fence or other works can be built in the right place. This is a good time to replace any fence that no longer matches the title line.
Tips to keep a realignment on track
- Talk to your neighbour first: a realignment needs both owners to agree and sign off, so open the conversation before spending money on plans.
- Check easements and services: sewer, drainage and power easements can limit where the new boundary can go. Our guide to easement surveys explains why.
- Think about setbacks: moving a boundary closer to an existing building can affect building regulations and future works, so check setbacks before you lock in the line.
- Look at the bigger picture: if you might subdivide or redevelop later, plan the realignment with that in mind. See our subdivision services for more.
- Get the surveyor in early: accurate boundary and area information at the start makes the planning application smoother and helps avoid redesign later.
Boundary realignment surveys across the Geelong region
Geelong Land Surveyors is a team of land surveyors who prepare boundary re-establishment surveys, realignment plans and plans of subdivision for homeowners, builders and developers across Geelong, Lara, the Bellarine Peninsula, the Surf Coast and Ballarat. We can work alongside your town planner, conveyancer or solicitor and keep the survey side of the job moving.
Thinking about moving a boundary? Request a quote online or call us on 0412 722 261 to talk through your site.
Boundary realignment FAQ
Do I need a planning permit to realign a boundary in Geelong?
In most cases, yes. A boundary realignment is a subdivision under Victorian law, and most zones require a planning permit to subdivide. Simple realignments between two lots may qualify for the VicSmart fast-track process. Check with your council for your property.
Can a boundary realignment go through VicSmart?
It can if it realigns the common boundary between two lots, neither lot’s area is reduced by 15 per cent or more and the general direction of the boundary does not change. In rural zones each lot also needs to meet the zone’s minimum lot size.
Is moving the fence the same as moving the boundary?
No. The title boundary is a legal line and moving a fence does not change it. To change ownership of the land, the boundary needs to be realigned through a registered plan of subdivision and new titles.
Who prepares the plan for a boundary realignment?
A licensed land surveyor prepares the survey and the plan of subdivision. The surveyor works with the owners, council and any planner or lawyer involved so the plan can be certified and registered.