Horizontal extension

A plan of survey for easement purposes must be lodged to extend an existing cross-easement over a party wall. New cross-easements are created over the party wall defined in the plan under section 88BB Conveyancing Act 1919. The plan must be signed by all affected parties. For further information on signing and witnessing plans please see the Signing and witnessing guidelines.

Vertical extension

An existing cross-easement over a party wall can be extended vertically to accommodate an increase in height of wall due to, for example, the construction of an extra floor in the existing building. A Request form 11R should be lodged to create the new cross-easements. A sketch plan should be annexed to the Request form 11R depicting the vertical limits of the new wall by reference to Reduced Levels AHD and relate to suitable bench marks in accordance with clause 13 Surveying and Spatial Information Regulation 2017. The sketch plan should comply with the normal requirements for plans annexed to dealings, but as the horizontal site of the wall remains the same a new plan of survey is not required.

NOTE: Where the horizontal site remains the same as the existing party wall i.e. in the same relationship for the centreline and/or same offsets as the original party wall, a new plan of survey is not required. A sketch plan is also acceptable if the new party wall is within the envelope of the existing party wall and adopts the same boundary definition for the common boundary. The extent of the new party wall can be the full length or part of the existing party wall. The easement should relate to suitable bench marks in accordance with clause 13 Surveying and Spatial Information Regulation 2017. Reduced levels should be shown at the lower and upper limits of the new extension of the party wall so that it can be re-established. The cross-easement(s) will be created pursuant to section 48 Real Property Act 1900 on the registration of an Request form 11R.

NOTE: A variation in the position of the parcel boundary at different levels constitutes a stratum subdivision. A new plan of survey for the entirety of both parcels would be required.

NOTE: Demolition of an existing wall and replacement with a new wall on the same site does not constitute an extension to an existing party wall. A new plan of survey defining the site of the party wall is required and new cross-easements under section 88BB Conveyancing Act 1919 will be created at registration of the plan. See Extinguishment of a party wall for more information.

All NSW legislation can be accessed at www.legislation.nsw.gov.au/

 

Publication Date: January 2025