A lease for signage is treated as being a lease of premises, the premises being the physical structure of the sign itself. The sign may be located on the ground, or on the wall or on the roof of a building etc.

The site of the lease must be defined by use of prolongations and/or perpendicular offsets related (by dimensions) to the walls or other suitable structural features in compliance with the usual requirements for a compiled plan. The vertical extent of the site (if required) must be related to the Australian Height Datum (AHD) using two appropriate bench marks in accordance with clause 13 Surveying and Spatial Information Regulation 2017 or (if appropriate), the upper surface of a roof or other fixed structure may be adopted as the lower limit for the datum. The plan can also exclude certain items from the area on the roof eg Air Conditioning ducts. However, these types of plans must be signed by a registered surveyor. See also requirements for an annexure to a lease dealing.

The plan defining the site may be lodged either as an annexure to a lease dealing or as a deposited plan for lease purposes. The usual drafting requirements for an annexure to a lease dealing or a deposited plan for lease purposes. See Schedules 5 and 7 of the Lodgment Rules.

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

Publish date: October 2023