Form 13PVM
Dealing Type - VR
Legislation
sections 88D(13) - (15) Conveyancing Act 1919 (variation).
section 88E(7) Conveyancing Act 1919 (variation).
section 89(8) Conveyancing Act 1919 (modification).
Stamp Duty - not required.
NOS Form - not required.
Standard Form of Caveat - does not prevent registration.
Priority Notice Noted on the Register - see Priority Notice page.
NOTE: This dealing type may be lodged as a Dealing with Exception provided it is accompanied by a completed Lodgment Rules Exception form. In all other instances, the relevant electronic dealing must be used.
This form records:
- a variation of public positive covenant pursuant to sections 88D(13) - (15) or 88E(7) Conveyancing Act 1919 or
- a modification in the terms of a public positive covenant pursuant to a Supreme Court Order under section 89(8) Conveyancing Act 1919.
An owners corporation of a strata scheme may, by a special resolution, execute a dealing varying a public positive covenant created by the owners corporation that benefits or burdens the common property in a strata scheme, or all of the land in the scheme. See section 34(1) Strata Schemes Development Act 2015.
The association of a community, precinct or neighbourhood scheme may, by a special resolution, execute a dealing varying a public positive covenant that benefits the association property or the whole of the scheme parcel. See section 30(1)(c) Community Land Development Act 2021.
The association of a community title scheme may, by an ordinary resolution, accept a dealing varying a public positive covenant that burdens the association property or the whole of the scheme parcel. See section 30(2)(b) Community Land Development Act 2021.
There is no extra fee payable for a plan annexed.
Variation of a public positive covenant created pursuant to section 88D Conveyancing Act 1919
A public positive covenant created by section 88D Conveyancing Act 1919 may be varied by the prescribed authority entitled to enforce the public positive covenant.
(A) The reference to title for the land burdened by the public positive covenant must be stated.
(C) The registered number of the public positive covenant must be stated. The public positive covenant number referred to in the section 88B instrument and the accompanying DP reference must be included, where applicable.
(D) The full name of the applicant must be stated. The applicant must be the prescribed authority.
(E)
1. Variation. This item should be marked “applicable” and completed. All other items should be marked as “not applicable” and left blank. The details of the variation must be set out in an annexure to the dealing - see section 88D(13) Conveyancing Act 1919 and NOTE below.
NOTE: If modifying the dimensions of the site of the public positive covenant, it is not sufficient to simply annex a plan with the modified site dimensions to the dealing. Applicants are directed to section 88D(13) Conveyancing Act 1919 which requires an agreement to be entered into between the prescribed authority and the registered proprietor. This agreement should be annexed to the dealing.
(F) The written consent of any lessee, mortgagee or chargee against whom the public positive covenant is enforceable is required for a variation of the public positive covenant.
(G) The dealing must be executed by an authorised officer for the prescribed authority (the name of the officer and the nature of the authority must be stated) and be witnessed.
Where the registered proprietor is the owners corporation of a strata scheme, execution must take the form as set out in strata schemes Approved Form 23.
The following certificates are also required:
Where the registered proprietor is the association of a community, precinct or neighbourhood scheme, the following certificates are also required:
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community schemes Approved Form 21 where the dealing varies a positive covenant that benefits association property and
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community schemes Approved Form 40 where the dealing varies a positive covenant that burdens the association property.
Execution of the certificates must take the form as set out in community schemes Approved Form 18.
See execution requirements for companies, witnesses etc. pages.
Variation of a public positive covenant created pursuant to section 88E Conveyancing Act 1919
A public positive covenant created by section 88E Conveyancing Act 1919 may be varied by an agreement in writing between registered proprietor and the prescribed authority entitled to enforce the restriction.
(A) The reference to title for the land burdened by the public positive covenant must be stated.
(C) The registered number of the public positive covenant must be stated. You must include the public positive covenant number referred to in the section 88B instrument and the accompanying DP reference, where applicable.
(D) The full name of the applicant must be stated. The applicant must be the prescribed authority or the registered proprietor of the burdened land.
(E)
2. Variation (section 88E). This item should be marked as “applicable” and completed. All other items should be marked as “not applicable” and left blank. The date of the agreement must be stated. A copy of the agreement certified by a solicitor, licensed conveyancer or justice of the peace to be a true copy must be annexed to the dealing.
NOTE: If modifying the dimensions of the site of the public positive covenant, it is not sufficient to simply annex a plan with the modified site dimensions to the dealing. An agreement must be annexed.
(F) The written consent of any lessee, mortgagee or chargee against whom the public positive covenant is enforceable is required for a variation of the public positive covenant.
(G) The dealing must be executed by the applicant and be witnessed, or be executed on the applicant's behalf as follows:
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Attorney and witnessed
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Solicitor or Barrister
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Authorised Officer and witnessed
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Licensed Conveyancer
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Registered Proprietor
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See above commentary relating to section 88D Conveyancing Act 1919 for information relating to execution by strata, community, precinct and neighbourhood schemes.
See execution requirements for companies, witnesses etc. pages.
Modification of a public positive covenant created pursuant to section 88D or 88E Conveyancing Act 1919
A public positive covenant created by section 88D or 88E Conveyancing Act 1919 may be modified by a Supreme Court Order: see section 89(8) Conveyancing Act 1919.
(A) The reference to title for the land burdened by the public positive covenant must be stated.
(C) The registered number of the public positive covenant must be stated. The public positive covenant number referred to in the section 88B instrument and the accompanying DP reference must be included, where applicable.
(D) The full name of the applicant must be stated. The applicant must be the registered proprietor of the burdened land.
(E) These items should be marked as “not applicable” and left blank.
(F)
3. Modification (section 89(8)). This item should be marked as “applicable” and completed. The date of the Supreme Court Order must be stated. A sealed copy of the Supreme Court Order must be annexed to the dealing.
(G) The dealing must be executed by the applicant and be witnessed, or be executed on the applicant's behalf as follows:
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Attorney and witnessed
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Solicitor or Barrister
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Authorised Officer and witnessed
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Licensed Conveyancer
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Applicant
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Where the applicant is the owners corporation of a strata scheme, execution must take the form as set out in Approved Form 23.
Where the applicant is the association of a community, precinct or neighbourhood scheme, execution must take the form as set out in Approved Form 18.
See execution requirements for companies, witnesses etc. pages.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/
Staff processing information
Refer to Legal through the Senior Dealing Examiner except for the following.
Refer to Indigenous
A variation or modification of positive covenant involving:
The dealing does not require referral to Folio Management.
Registration procedure
Proceed with registration as directed.
Modification
TRANSACTION UNDR
PRIME CODE code of positive covenant as shown on the Register
PRIME NO. number of positive covenant
SUB CODE UA
DETAILS Modification
Variation
TRANSACTION UNDR
PRIME CODE code of positive covenant as shown on the Register
PRIME NO. number of positive covenant
SUB CODE UA
DETAILS Variation
Publication date: November 2024