A registered plan may only be amended by the surveyor who originally prepared the plan. If the surveyor wishes a correction to be made he may instigate proceedings by forwarding a letter to NSW LRS requesting the amendment of the plan together with the prescribed amendment fee.
Alternatively, a third party may draw the attention of the Registrar General to an omission or error in a registered plan. Following investigation, NSW LRS may then direct the surveyor to commence action to amend his plan.
Note A plan may only be amended for errors or omissions in boundary definition or dimensions that were incorrect at the date of the survey, not for changes in use etc subsequent to the registration of the plan.
If the surveyor who prepared the plan is no longer available an authorised person, set out in Authorisation to attend to another Surveyors plan, may instigate the amendment. An amendment fee is payable for any amendment to a registered plan. An invoice will be raised at the completion of the amendment action and issued to the signatory of the plan or authorised person or company.
Note A representative of a survey company cannot amend a plan prepared by a registered surveyor who prepared the plan as part of that company's work unless that representative has the written authority from the surveyor to do so. The contractual arrangement between a registered surveyor and an employer (either past or present) is of no concern to NSW LRS.
Amendments of a minor nature (i.e. where the alteration is to survey information with no change to lot boundaries or areas) may be instigated by the surveyor by forwarding to the Team Leader, Plan Review, Titling and Plan Services, NSW LRS a letter requesting amendment of the plan accompanied by a signed copy of the plan showing the necessary alterations in red.
Amendments of a more substantial nature may require the preparation of a substituted sheet(s) (in either electronic or manual format). The written consent of the registered proprietor(s) and other affected parties, and the specific re-approval by the Council, Authority or registered Certifier is required - see below.
The written request and any supporting documentation will be held in NSW LRS in an Amendment File. A marginal note relating to the amendment file will be added to the plan.
Approvals required
In order to comply with the provisions of Part 23, Division 3 (Plans) Conveyancing Act, 1919, it is the practice of NSW LRS that 'substantial alterations' to plans after lodgment require either:
- authentication by the relevant certifier, or
- be referred back to the certifier for a fresh subdivision consent.
Substantial alterations to a plan are considered to be:
- statements of intention to create roads or reserves
- statements of intention to create easements or restrictions on the use of land, by deleting an easement or restriction or substantially altering their nature
- subdivision and/or easement design
- lot numbering, including deletion or addition of lots
- changes to areas which reduce the area of a lot below that of the smallest unaffected lot or an area that appears to be a minimum zoning requirement. For other alterations to lot areas see Amendment to areas in registered plans information below.
- changes to instruments pursuant to Section 88B Conveyancing Act 1919, where the related easement or restriction is expressed to be in favour of the local council or benefits or burden council owned land.
In most instances endorsement of the certifiers authenticating signature on the copy of the plan indicating the proposed amendments (in red) will be sufficient. However, where the amendments are such that a fresh plan is required or a major alteration in the subdivision design is involved, a new subdivision consent will be necessary.
Amendment of a Section 88B Instrument
An error or omission in a registered Section 88B Instrument will require any affected party (including a Council with the benefit of any easement or restriction referred to therein) to lodge in NSW LRS a suitable Request form 11R (PDF 131KB) to have the instrument amended. The Request should specify the nature of the amendment desired.
The Request should be accompanied by:
- a statutory declaration from the solicitor or other party who prepared the instrument stating how the error occurred
- the consent of the council or other certifier which approved the plan if the amendment relates to a matter that may be of concern to the council or other certifier
- the consent of any person who may be prejudiced by the amendment.
A basic dealing lodgment fee will be charged for the Request together with the Section 88B Instrument amendment fee.
Amendment to areas in registered plans
NSW LRS is a Registry Office of documents and while plans are accepted with due examination and processing errors in dimensions are the responsibility of the parties involved in preparing the plan.
Areas of lots have never been checked with any specific accuracy and, since 1979, have not been checked at all. Plans have always been considered products of their time, and have previously been prepared using survey practices since superseded by the introduction of more modern methods and equipment.
The Registrar General has considered the circumstances with regard to the amendments of areas of lots in registered plans and is reluctant to revise these areas except in very limited circumstances. There is a concern that any amendment to the area of a lot effected today might imply a guarantee of accuracy which is not possible for NSW LRS to give.
Note 1 This policy assumes that the errors and/or discrepancies concerned are not attributable, either directly or indirectly, to acts or omissions by NSW LRS.
Note 2 This practice only applies to amendments to plans where the surveyor (through death or retirement) is not available. Where the surveyor is still registered, the normal procedures for amendments to plans will apply.
Note 3 This practice does not apply to situations where the error in the area is due to the rounding down of that area to the nearest one quarter perch in old deposited plans with imperial measurements. No amendment action will be contemplated in these cases.
Amendment requests
NSW LRS is concerned at the processing of frivolous inquiries and therefore any request from outside sources to amend an area shown in an old plan must be made in writing received by post or e-mail. If a request is made over the telephone, the inquirer will be asked to put the request in writing and forward it by one of these methods.
Request by the proprietor
Where a justifiable request has been lodged by the current registered proprietor (or through their surveyor or agent with their consent) the plan will be amended accordingly.
Request by a person who is not the proprietor
Where the request has been made by another party, NSW LRS will not proceed with amendment action until:
- NSW LRS has given written notice of the intended amendment to the owners of the lot(s) to be amended - see sample letters page, and
- the period, specified in the written notice, after which the amendment action is proposed to be taken has expired, and
- such owners have raised no objection to the proposed amendments within that period.
The requests may be forwarded by E: plan-review@nswlrs.com.au or alternately they may be addressed and mailed to:
Supervisor, Plan Review Section
Titling and Plan Services
NSW Land Registry Services
175 Liverpool Street
Sydney NSW 2000
The request should include sufficient evidence to justify the processing of the error. This should be in the form of calculations supported by any other relevant information e.g. surveyors reports and/or identification surveys.
Any inquiry that simply asks NSW LRS to check or validate an area will be requisitioned immediately with a request to produce this evidence.
Note Where an amendment is sought in respect of an area shown in a plan, and evidence suggests that more is involved than just erroneous mathematical calculations, it may be decided that amendment of the plan is not warranted. A new deposited plan of redefinition will be required in these circumstances.
In particular cases, depending on the nature and extent of the required amendment to the area as shown on the plan, other interested parties (mortgagors, lessees/lessors etc.) may need to be given notice of the intended amendment. Where the proposed amendment will result in the stated area of the parcel being significantly reduced, the consent of all other affected parties (mortgagees, lessees/lessors etc) will be required.
Note 1 Only the area of the lot referred to in the request will be examined. No attempt will be made to re-check the other lots in the plan.
Note 2 Where the area of a lot is amended on the plan, the standard amendment fee will apply.
Amendments to lot numbers in registered plans
The Registrar General has the power to correct lot numbers shown in a registered deposited plan, community plan or strata plan where they are incorrect (s.12(1)(d1) Real Property Act 1900). This may occur where the registered proprietors of lots in a subdivision find that, due to errors in the original numbering of the lots or in the drafting of the contracts, the reference to title of their property is incorrect and/or has been transposed with the reference to title of the adjoining property. If the registered proprietors and mortgagees approve, the Registrar General will rectify the error by altering the lot numbers on the plan so that they correspond with the correct registered proprietors as endorsed on title. By this means, the need for rectifying transfers and the discharge and replacement of any existing mortgages is avoided.
Procedure
A request to alter the lot numbers in a registered deposited plan, community plan or strata plan will require an application pursuant to s.12(1)(d1) Real Property Act 1900 to be lodged as a dealing in NSW LRS and the prescribed fees paid. The application should be in the form of a Request form 11R (PDF 131 KB) specifying th enature of the error and the amendment required, and be:
- signed by the proprietors and all other affected parties and
- accompanied by a copy of the plan indicating the proposed alterations in red, and signed by the registered proprietors, the surveyor and an authorised officer of the council.
The Request will be forwarded to a NSW LRS Legal Officer for consideration and direction.On registration of the Request the Registrar General will make all appropriate amendments and serve notice of the alteration on the Valuer General, the Office of State Revenue and (if appropriate) the Owners Corporation or Community/Neighbourhood Association.