Lease plans

These Directions only apply to leases which are registered in NSW LRS.

A lease is the right for an owner of land (the lessor) to grant to some other person (the lessee) the exclusive use of that land or part thereof for a term (period of time) subject to conditions governing the use of the property, in return for the payment of rent.

The period for which the lease is effective is called the term. Where the requirement for a plan is specified in the provisions of the Local Government Act 1993, the total term is a combination of the initial term of the lease plus any option for renewal.

Registration of leases in NSW LRS is not compulsory. However, an unregistered lease, excluding the short term residential or commercial lease prepared under the Landlord and Tenants Act 1899, has no guarantee of its standing at law.

For the purposes of these directions, leases have been divided into groups based generally on the use and the type of plan, if any, required to define the land or premises being leased.

General principles general purposes leases can be seperated into leases of premises and leases of land.

Lease of premises leases for shops, offices etc located within a building.
Lease of land a lease of whole or part of a current parcel and all structures contained therein.
Caravan parks and mobile home estates Division 3B Conveyancing Act 1919 (as amended) contains special provisions relating to a lease for a caravan park or mobile home estate.
Airport sites lease of airport terminals, hangers facilities etc.
Lease of additional common property or associated land an owners corporation in a Strata Scheme may add to existing common property by leasing land. See section 25 Strata Schemes Development Act 2015.
Telecommunication sites a lease for telecommunication equipment, antennae etc may affect land or part of the floor space, an entire room or part of the roof or exterior walls of a building.
Agricultural leases are any lease of land for the purpose of production, growing, harvesting and farming of produce.
Leases affecting roads the Roads Act 1993 empowers a road authority to lease the airspace above or the subsoil below a public road.
Leases affecting Crown land including perptual lease subdivisions and Western lands leases.
Lord Howe Island leases all land on the island is vested in the Crown under management of the Lord Howe Island Board.
Kosciuszko National Park leases the park has been alienated from the Crown by Act of Parliament and subsequent notification in the government gazette.

 

For more information for Plans and Titling contact plan-info@nswlrs.com.au

 

Go to NSW Legislation website www.legislation.nsw.gov.au/