Development Services Division

Frequently Asked Questions

• What must I do to file for a Subdivision Disclosure Report (Public Report)?
• Can I file my application incomplete?
• Why must I show proof of CAGRD payment?
• Why must I prepare a title report within 30 days of application?
• How does someone convert apartments into condominiums?  The city said to contact the Department of Real Estate first.
• Where can I obtain the statutes that govern subdivision laws?
• Where can I obtain the application for filing a Disclosure Report (Public Report)?
• I'm an attorney creating a condominium.  The application for Disclosure Report (Public Report) requires an opinion letter from me.  What does this letter have to say?
• How long will the application process take?
• What's required to get a Conditional Sales Exemption?
• When do I need a Disclosure Report (Public Report) to sell lots in a subdivision that has existed for many years?
• How many splits can I make and not have to file for a subdivision Disclosure Report (Public Report)?
• If two lots are contiguous is that considered one lot by the Department?
• If I own two lots that are not contiguous, can I have five splits without having to file for a Disclosure Report (Public Report)?
• Do you need a public report for less than six lots?
• The county said I can only divide my property X number of times.  Is this true?

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What must I do to file for a Subdivision Disclosure Report (Public Report)?
Download the Subdivision Disclosure Report (Public Report) Application from our website.  There are three sections:

• Section I contains the instructions, general information and fee requirements.
• Section II lists the required documents that must accompany the application upon submission to our Department.
• Section III is the "questionnaire" that you must fill out and submit to our Department at the time of filing.

Can I file my application incomplete?
It is not recommended that you file an incomplete application.  Filing an incomplete application can result in the closure or denial of the application.  You will then need to refile with a new application and fee.

Why must I show proof of CAGRD payment?
All information and requirements called for in the Subdivision Disclosure Report (Public Report) Application, including the CAGRD requirement, are required by state statute or rule.

Why must I prepare a title report within 30 days of application?
As previously stated, this required document is required by statute and rule.

How does someone convert apartments into condominiums?  The city said to contact the Department of Real Estate first.
Contact an attorney licensed to practice law in Arizona who is experienced with condominiums and their creation.

Where can I obtain the statutes that govern subdivision laws?
The ADRE Lawbook is available for purchase at our Department offices or you may review it on-line via our website.

Where can I obtain the application for filing a Disclosure Report (Public Report)?
You may download the application from the Development Services Forms page, obtain a paper version at our Department offices, or click here to download it now.

I'm an attorney creating a condominium.  The application for Disclosure Report (Public Report) requires an opinion letter from me.  What does this letter have to say?
A.A.C. R4-28-A1219 states, "The applicant shall provide the following information about condominium developments:

1. A copy of the recorded condominium declaration, map, and amendments in effect, and
2. An opinion letter from an attorney licensed to practice in Arizona, stating that the condominium plat and declaration of condominium are in compliance with the requirements of A.R.S. §§33-1215 and 33-1219."

How long will the application process take?
It varies on our backlog.  Please check with the Department's Development Services Division.

What's required to get a Conditional Sales Exemption?
Please download our Conditional Sales Exemption forms and follow the instructions provided.

When do I need a Disclosure Report (Public Report) to sell lots in a subdivision that has existed for many years?
By law, A.R.S. 32-2101(54), you are a subdivider if you own or have owned 6 or more lots in a single platted subdivision and offer any number of them for sale.  All subdividers are required to obtain a Disclosure Report (Public Report) prior to offering lots for sale in accordance with A.R.S 32-2181 et seq. and Commissioner's Rule R4-28-B1207.

It is the act of selling that requires a Disclosure Report (Public Report), not ownership.  There is no time limit connected with this.  It makes no difference when you acquired or sold a lot.  Upon acquiring fee title or an equitable interest in the 6th lot within a single platted subdivision, a Disclosure Report (Public Report) is required prior to its sale.  You could purchase and sell 2 lots every five years and as soon as you acquire an interest in the 6th lot and offer the lot/lots for sale, you would be in violation if you did not obtain a Disclosure Report (Public Report).  If you hold fee title or an equitable interest in 6 or more lots at one time, a Disclosure Report (Public Report) is required prior to offering any of the lots for sale.

Frequently Asked Questions That Are Too Complicated To Answer Here

How many splits can I make and not have to file for a subdivision Disclosure Report (Public Report)?

If two lots are contiguous is that considered one lot by the Department?

If I own two lots that are not contiguous, can I have five splits without having to file for a Disclosure Report (Public Report)?

Do you need a Disclosure Report (Public Report) for less than six lots?

The county said I can only divide my property X number of times.  Is this true?

Please contact a Representative in the Development Services Division through the Message Center at www.azre.gov, and be prepared to provide documentation relating to your inquiry.

rev. 10/09