Land Sales (Subdivisions)
Welcome!
Frequently Asked Questions
A subdivision that is either located in Utah or offered or disposed of in Utah must be registered with the Utah Division of Real Estate prior to offering or disposing of any interest in the subdivision.
Utah law allows for a number of exemptions to registration requirements. Refer to Utah Code Annotated 57-11-4 for a complete list of exemptions.
The following exemptions must be filed with the Division:
- The “HUD Exemption” under 57-11-4(2).
- The “Water Exemption” under 57-11-4(3).
- The “Non-commercial Exemption” under 57-11-4(4).
All other exemptions under 57-11-4 are self-executing and need not be filed with the Division. However, the Division may request information of the owners/developers of a subdivision explaining why the subdivision is exempt from registration.
To file for a "HUD", "Water" or "Non-commercial" exemption, submit to the Division:
- Completed and signed Application for Exemption from Land Sales Practices Act .
- $100 non-refundable fee for a HUD exemption or $50 non-refundable fee for other exemptions.
How to Register
To register a subdivision, submit to the Division:
- Completed and signed Application for Registration of Subdivided Lands .
- Completed and signed Sub-Divider/Owner Consent to Service .
- Completed and signed Sub-Divider/Owner Resolution of the Board of Directors .
- Completed and signed Sub-Divider/Owner Principal Data Sheet .
- Financial statements of the project.
- Non-refundable fee of $500 for up to 30 units, plus $3 for each interest over 30, up to a maximum of $2,500 for each application.
- $300 Inspection Deposit.
To register additional interest in a subdivision already registered, submit to the Division:
- Completed and signed Application for Registration of Subdivided Lands .
- Non-refundable fee of $200 plus $3 for each additional interest, up to a maximum of $1,250 for each application.
How do I obtain a temporary sales permit:
The Division may grant a temporary permit allowing the developer to begin a sales program while registration is in process. To obtain a temporary sales permit, submit to the Division:
- Signed cover letter requesting a temporary sales permit.
- Completed and signed Application for Registration of Subdivided Lands .
- Documentation from a financial institution less than 30 days old verifying an independent escrow account into which all funds from sales are placed with instructions that funds will not be released until registration is complete.
- Non-refundable fee of $500 for up to 30 units, plus $3 for each interest over 30, up to a maximum of $2,500 for each application.
- $300 Inspection Deposit.
- $100 non-refundable temporary permit fee.
How to Renew
Registrations are valid for one year and must be renewed no sooner than six weeks prior to and no later than 30 days after the anniversary date of the original registration.
To renew a project registration, submit to the Division:
- Completed and signed Sub-Divider/Owner Registrant's Annual Report .
- Current Public Offering Statement .
- $200 non-refundable fee.
Forms and Applications
- Notice of Bankruptcy Form
- Application for Exemption from Land Sales Practices Act
- Application for Registration of Subdivided Lands
- Sub-Divider/Owner Consent to Service
- Sub-Divider/Owner Resolution of the Board of Directors
- Sub-Divider/Owner Principal Data Sheet
- Sub-Divider/Owner Registrant's Annual Report
- Certification of Legal Presence
- Public offering Statement
- Records Request Form
New Administrative Rules
There are currently no new administrative rules for Subdivisions.