A boundary adjustment plan provides a simple method of altering boundaries between a community development lots and community property in a community plan, or a precinct development lot and precinct property in a precinct development lot.
Requirements for the boundary adjustment plan are set out in section 18 and Schedule 1 Community Land Development Act 2021 and section 15 Community Land Development Regulation 2021.
The adjustment must be, in the opinion of the Registrar General, a minor adjustment. The plan when lodged must be accompanied by a report from a registered land surveyor which contains details of the reason for the adjustment. In considering the boundary adjustment the Registrar General may take into account:
- the location, size and topography of the development.
- whether it will necessitate a re-allocation of the unit entitlement.
- all information that the surveyors report contains.
NOTE: It is strongly recommended that prior approval to the lodgment of the plan be sought from NSW LRS. Any requests for prior approval must be sent to ldr@nswlrs.com.au and must include the surveyors report. If the request for approval is granted the plan should be lodged as a boundary adjustment plan and must contain a detail plan, an association property plan and Administration Sheets. Additionally approval must be lodged with the plan.
The detail plan
The plan must be prepared on Plan form 2 with the affected development lot/s and the community or precinct property fully defined, including areas. The original lot numbers of the affected development lots must be shown. The adjusted boundaries must be defined by survey. The other boundaries of the development lot and association property that have not been altered may be compiled from the relevant community plan or precinct plan. The sheet must include a note in Approved form 15.
The Association Property plan
The plan must be prepared on Plan form 2 and provide full dimensions for all boundaries of lot 1. The information should be compiled from the information on the detail plan. The sheet must include a note in Approved form 16.
Easements
Consideration must be given to easements on or near the adjusted boundary. It may be necessary to release and recreate these easements in a new position.
Accessways
A replacement accessway plan may be required if its position is affected by the boundary adjustment. This will require the lodgment of an Amendment of Management Statement form 21CSM and a replacement sheet of the accessway plan lodged as a Replacement Sheet for Community Title Plan.
Upon registration of a boundary adjustment plan the land automatically vests in the owner(s) of the development lot and the association according to the adjusted boundaries.
Administration sheets
The Administration Sheet must include certificates:
All NSW legislation can be accessed at www.legislation.nsw.gov.au/