Heritage agreement

Form 11R (PDF 150 KB)

Dealing type - R

Legislation - s43 Heritage Act 1977

(A) Stamp duty - not required

Certificate of Title - not required

NOS form - not required

Standard form of Caveat - prevents registration.

Priority Notice noted on the Register - see Priority Notice page. 

Note  A Heritage Agreement noted on the Torrens Title Register has no affect on any other dealings.

A plan fee is payable for a plan contained within the agreement.

(B) The reference to title for the land affected by the request must be stated.

(C) Does not apply.

(E) The full name of the applicant, i.e. the prescribed authority, must be stated.

(F) A short description of the nature of the request must be given, e.g. 'Registration of Heritage Agreement pursuant to s43 Heritage Act 1977'.

(G) Full details of the Heritage Agreement must be stated or included in an annexure. The annexure itself must be identified as such. Each page must be numbered. The first and last pages and any alterations or additions must be signed by all parties.

A consent furnished by any lessee, mortgagee, chargee or covenant chargee of a registered lease, mortgage, charge or covenant charge who agrees to be bound by the agreement will be filmed with the dealing.

(H) The dealing must be executed by an authorised officer of the prescribed authority (the name of the officer and the nature of the authority must be stated) and be witnessed.

The dealing must also be executed by the registered proprietor and be witnessed, or it may be executed on the registered proprietors behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Registered Proprietor Tick Cross Tick Cross

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 (PDF 128 KB). The following certificates are also required:

  • Strata Schemes Approved Form 13 (PDF 23 KB) and
  • Strata Schemes Approved Form 10 (PDF 8 KB) where the initial period is not shown as expired on the common property title.

Where the prescribed authority or registered proprietor is the Association of a Community, Precinct or Neighbourhood scheme, execution must take the form as set out in Community Title Schemes Approved Form 18 (PDF 20 KB).  A certificate as in Community Title Schemes Approved Form 21 (PDF 20 KB) is also required.

See execution requirements for companies, witnesses etc. pages

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [494.750].

Staff processing information

If in order proceed with registration except for the following:

Refer to SM99 where the Agreement contains a plan or affects part of the land.

Registration procedure

TRANSACTION    ON

PRIME CODE    HER (Heritage Agreement pursuant to s43 Heritage Act 1977)