Variation or modification of restriction on the use of land

Form  13RVM (PDF 200 KB)

Dealing type - VR

Legislation

s88 Conveyancing Act 1919

s88D(15) Conveyancing Act 1919 (variation where land is vested in the authority)

s88E(7) Conveyancing Act 1919 (variation where land is not vested in the authority)

s89(8) Conveyancing Act 1919 (modification)

Stamp duty - not required

Certificate of Title - not required

NOS form - not required

Standard form of Caveat - does not prevent registration

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

An Owners Corporation of a Strata scheme may, pursuant to a special resolution, vary a restriction on the use of land 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 s34(1) Strata Schemes Development Act 2015.

The association of a community title scheme may, pursuant to a unanimous resolution execute or accept a dealing varying a restriction on the use of land that benefits or burdens the association property or the whole of the land in the scheme. See s.35 Community Land Development Act 1989.

An additional fee is payable for the variation or modification of each restriction created by a separate s88B instrument, i.e. different DP numbers.

There is no extra fee payable for a plan annexed. 

Variation or modification of a restriction created pursuant to s88 Conveyancing Act 1919

A restriction on the use of land created other than by s88D or s88E Conveyancing Act 1919 may be:

  • varied by setting out the terms of the agreement in the dealing or in a deed of variation or
  • modified by an Order from the Supreme Court, see s89(8) Conveyancing Act 1919.

(A) The reference to title for the land burdened by the restriction must be stated.

(C) The registered number of the restriction must be stated.

(D) The full name of the applicant must be stated. 

Variation  the applicant must be a party to the deed of variation 

Modification  the applicant must be the registered proprietor of the burdened land.

(E) Variation (s88)  the date of the deed of variation must be stated. A certified copy of the deed of variation must be annexed to the dealing. 

Modification the date of the Order from the Supreme Court must be stated. An office copy of the Order must be annexed to the dealing.

(F) The written consent of any lessee, mortgagee or chargee against whom the restriction is enforceable is required for a variation of the restriction.

(G) Variation  the dealing must be executed by the applicant and be witnessed, or be executed on the applicant's behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Applicant Tick Tick Tick Tick

Where the applicant or 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 128KB).  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.

(G) Modification  the dealing must be executed by the registered proprietor and be witnessed, or be executed on the registered proprietor's behalf as follows:

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

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 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. 

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [493.100].

Variation or modification of a restriction created pursuant to s88D Conveyancing Act 1919

A restriction on the use of land created by s88D Conveyancing Act 1919 may be:

  • varied by an agreement between the registered proprietor and the prescribed authority entitled to enforce the restriction or
  • modified by an Order from the Supreme Court, see s89(8) Conveyancing Act 1919.

(A) The reference to title for the land burdened by the restriction must be stated.

(C) The registered number of the restriction must be stated.

(D) The full name of the applicant must be stated. 

Variation  the applicant must be the prescribed authority or the registered proprietor of the burdened land; 

Modification  the applicant must be the registered proprietor.

(E)

2. Variation (s88D) details of the variation must be provided as follows:

  • where the prescribed authority is the registered proprietor of the land, the terms of the variation must be annexed to the dealing;
  • where the prescribed authority is no longer the registered proprietor of the land, a certified copy of the deed of variation made between the prescribed authority and the registered proprietor must be annexed to the dealing.

4. Modification  the date of the Order from the Supreme Court must be stated and an office copy of the Order must be annexed to the dealing.

(F) The written consent of any lessee, mortgagee or chargee against whom the restriction is enforceable is required for a variation of the restriction.

(G) Variation: the dealing must be executed by the applicant and be witnessed, or be executed on the applicant's behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Applicant Tick Tick Tick Tick

Where the applicant or 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.

(G) Modification  the dealing must be executed by the registered proprietor and be witnessed, or be executed on the registered proprietor's behalf as follows:

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

Where the applicant or 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).  

Where the applicant 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. 

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [493.100].

Variation or modification of a restriction created pursuant to s88E Conveyancing Act 1919

A restriction on the use of land created by s88E Conveyancing Act 1919 may be:

  • varied by the prescribed authority entitled to enforce the restriction; or
  • modified by an Order from the Supreme Court, see s89(8) Conveyancing Act 1919.

(A) The reference to title for the land burdened by the restriction must be stated.

(C) The registered number of the restriction must be stated.

(D) The full name of the applicant must be stated. 

Variation  the applicant must be the prescribed authority or the registered proprietor of the burdened land; 

Modification  the applicant must be the registered proprietor of the burdened land.

(E)

3. Variation (s88E)  the date of the agreement must be stated.  A certified copy of the agreement must be annexed to the dealing. 

4. Modification  the date of the Order from the Supreme Court must be stated and an office copy of the Order must be annexed to the dealing.

(F) The written consent of any lessee, mortgagee or chargee against whom the restriction is enforceable is required for a variation of the restriction.

(G) Variation  the dealing must be executed by the applicant and be witnessed, or be executed on the applicant's behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Applicant Tick Tick Tick Tick

Where the applicant or 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.

(G) Modification:  the dealing must be executed by the registered proprietor and be witnessed, or be executed on the registered proprietor's behalf as follows:

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

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 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 20KB) is also required.

See execution requirements for companies, witnesses etc. 

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [493.100].

Staff processing information

The dealing does not require referral to SM99.

Refer to LEG99 through the Senior Examining Officer except for the following.

Refer to SD31

A variation or modification of restriction involving:

  • an Aboriginal Association or corporation
  • the NSW/Local Aboriginal Land Council.

Registration procedure

Proceed with registration as directed by Legal.

Modification

TRANSACTION    UNDR

PRIME CODE    code of restriction as shown on the Register

PRIME NO.     number of restriction

SUB CODE    UA

DETAILS     Modification.

Variation

TRANSACTION    UNDR

PRIME CODE     code of restriction as shown on the Register

PRIME NO.    number of restriction

SUB CODE     URV.