What do I need to know about driveway design and access when subdividing

Driveways and access are essential considerations when subdividing land, since every new lot must have safe and legal entry to a public road. If your subdivision includes a shared driveway (such as between townhouses, duplexes, battleaxe lots, or multi-unit complexes), there are special requirements and legal structures to consider.​

Shared driveways usually require an easement or right-of-way, which is a legal agreement registered on the property titles to guarantee ongoing access for all affected lots. This easement stays with the land and binds future owners, preventing landlocking and clarifying access rights.​

In strata and community title schemes, driveway use, maintenance, and cost-sharing rules are managed by body corporate (owners' corporation) by-laws rather than easement documents.

Proper design is crucial:

Driveway gradients and sight lines must meet council and building code standards so vehicles can safely enter and exit, and so emergency vehicles (fire appliances) can access the site as required.​

For flag or battleaxe lots, the “access handle” must be sufficiently wide (often 3 to 4.5m or more), unobstructed, and built to withstand fire truck and service vehicle loads.

Shared driveways should have clear signage, non-slip surfaces, and be kept free of obstructions to ensure unimpeded access for all entitled users.

Maintenance and dispute management:

Responsibility for maintenance and repair costs is defined by the easement terms or owner’s corporation rules, often requiring all benefiting owners to contribute equally.​

Open communication and written agreements are strongly recommended to prevent disputes over usage, repairs, or parking.

Council may impose extra engineering requirements for visibility, drainage, or turning space, especially in bushfire-prone or high-density areas.