On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Plans annexed to dealings

General plan requirements (other than leases of premises)

The requirements for a plan annexed to a dealing (other than leases of premises) are set out in Schedule 3 Lodgment Rules and state that any plan annexed to a dealing must:

  • identify the land to which it relates
  • be drawn in a manner and to a scale that allows all details and notations to be clearly shown
  • state the reduction ratio at which it is drawn
  • include a north point which must be directed upwards and indicate the meridian to which it relates
  • show complete dimensions, including the area, of every parcel in the plan
  • show sufficient information to define any proposed easement, or any proposed variation of an existing easement, and its relationship to the boundaries of any affected parcel
  • be signed by a surveyor if prepared under the Surveying and Spatial Information Act 2002
  • show the date of preparation
  • be signed by each person who has signed the dealing or caveat to which it is annexed
  • the description of the part of the land shown in the plan must agree with the description of that part shown in the dealing or caveat
  • express all lengths in metres and not any other unit of measurement (whether or not related to the metre). A symbol or abbreviation to represent the metre must not be used
  • express all areas in no other unit of measurement other than:
    • if less than one hectare, in square metres (m)
    • if not less than one hectare but less than 10 000 hectares, in hectares (ha) and
    • if 10 000 hectares or more, in square kilometres (km)
  • show all words, letters and figures in capital letters (except for areas), in an open formation and construction, in an upright style and must be in the English language.
  • be neatly and clearly drawn without colour or edging
  • each plan sheet must consist of white or off-white paper of an archival quality, or some other medium approved by the Registrar General.
  • be drawn on one side of paper (A4 size) and must be drawn on a matt surface or some other approved medium and have clear margins of 10 mm on each side and at the top and bottom (see below)
  • be free from blemishes and creases where the original plan is not available, an annexed plan may be a reproduction prepared by means of a photographic or similar process approved by the Registrar General and, if so prepared:
    • must contain only printing that is permanent and legible with a dense black image
      free from excessive background, and
    • must be so prepared that the process does not affect the quality of the paper,
      and
    • must be authenticated by original signatures
  • all of the other requirements as noted above and below apply when the original plan is not available.
  • be a compiled plan and not a plan of survey (within the meaning of clause 5 Surveying and Spatial Information Regulation 2017) except with the consent of the Registrar General.
  • not be a registered plan annexed to a dealing or caveat.
  • comply with Item 8 Schedule 3 of the Lodgment Rules when making alterations to the lodged plan.

NSW LRS also requires that any plan annexed to a dealing must:

  • not be prepared on polyester foil (which is not suitable for scanning),

  • be copied on to A4 size paper if it is a paper sheet larger than A4 or any other unacceptable medium. The copy must be marginally noted that the original signatures have been sighted. The copy must be annexed to the dealing and the original plan destroyed
  • not bear a Subdivision Certificate unless lodged with an agriculture lease (such as a Banana Lease). See Agricultural Lease  
  • only show the following survey information:
    • two control points used to provide reduced levels relevant to Australian Height datum (AHD)
    • a reference mark placed in a 'Survey Information Only' plan annexed to a lease to a telecommunications carrier
  • refer to Reduced Levels AHD and not to a structure where an easement or restriction on use is limited in stratum
  • not refer to walls of a building or other occupations when defining the site of a proposed easementdefine the boundaries of the easement, lease site etc. by lines parallel or perpendicular to the parcel boundaries. These boundaries should state the relevant bearings and distances and be connected to a corner of the parcel.

Plans annexed to leases

Lease of land

A lease of part of a parcel of land with a term in excess of 5 years, including any option of renewal, constitutes a subdivision of the land and must be defined as a lot in a deposited plan of survey. A completed Subdivision Certificate will be required.

Where the term of the lease does not exceed 5 years, including any option of renewal, the lease area may be compiled and lodged as an A4 sketch plan annexed to the lease. Such a lease will not constitute a subdivision in terms of section 23G(d)(1) Conveyancing Act 1919, and a Subdivision Certificate will not be required -see also Lease plans page. The annexed plan must comply with the standard requirements for compiled plans as set out in General Plan Requirements above.

The boundaries of the lease site may be defined on a compiled plan annexed to the lease in the following ways:

  • fixed along, parallel and / or perpendicular to an existing boundary established in the reliable plan of survey
  • fixed between two previously surveyed corners
  • one straight line between points defined (by connection) on two existing parcel boundaries or
  • the projection of an existing boundary established in a deposited plan of survey.

If the above conditions cannot be met then a plan of survey for lease purposes must be lodged as a deposited plan to define the site.

NOTE: Compiled lease plans may be prepared either as a deposited plan or as a sketch plan annexed to a dealing.

Additional information concerning plans annexed to leases of land can be found on the following page, Leases of land and Lease of Part Land ONLY Lodgement Checklist

Lease of premises

Where the term of a lease of premises exceeds 25 years (not including any option of renewal) or the lease is of part of the premises, the lease area must be defined in an A4 sketch plan annexed to the lease or refer to identical premises in a plan filed in NSW LRS.
The requirements for the annexed plan are as set out in Schedule 4 Lodgment Rules. The plan must also:

  • define the premises being leased by a unique method, e.g. hatched
  • be a quality reproduction of whole or part of the building plan, or any other plan prepared to a similar standard
  • show enough of this plan to adequately fix the boundaries of the premises by:
    • reference to whole floors
    • reference to a floor(s) within a building
    • reference to walls or other structural features of a building (pillars, gutters, stairs) and
    • if necessary, the use of perpendicular (90°) dimensions related to walls or other suitable structural features
  • define any carparking spaces, loading docks, hard-standing areas, nurseries and/or garden areas (within or external to the building) either by an appropriate designation, e.g. 'Car Space No.1', 'Loading Dock' etc. or by use of prolongations and perpendicular (90°) offsets related (by dimensions) to the walls or other suitable structural features. Reference to the Car Space etc. must be included in the 'Property Leased Panel' of the lease.  In order for the extent of any open space premises to be unequivocal the extremities must be discernible by a fixed or permanent physical structure (wall, fence, concrete driveway etc) located on the site. An appropriate notation should be added to the plan. See also Lease of open space premises page
  • where the premises to be leased are within a large parcel of land, sufficient information must be shown on the plan to locate the premises within the parcel boundaries. Perpendicular connections should be used to connect the premises to the parcel boundaries.

Lease of electricity substation

A long-term lease of an electricity substation is treated as a lease of premises. The body of the lease must comprise a description of the leased premises and reference to a plan which defines the substation. The plan can either be:

  • a plan annexed to a registered dealing
  • a plan annexed to the subject lease or
  • a plan lodged as a deposited plan.

A plan of compilation annexed to a lease or other registered dealing must:

  • identify the land by the substation number, i.e. the substation number is used as the lot number
  • not define any residue parcel - it is being treated as premises
  • be prepared to the same standard as that required for a plan of compilation prepared for lodgment as a deposited plan
  • include the following statement on the plan:

THE LIMITS OF THE STRUCTURE BEING LEASED ARE DEFINED BY THE LINES SHOWN IN THE PLAN HEREON

Additional information concerning plans annexed to leases of land can be found on the Electrical substations page.

Annexed easement plans

A compiled easement plan annexed to a dealing is acceptable provided it complies with the requirements set out in the Compiled easement plans page.
However, a deposited plan of survey is required to determine the site of an easement where:

  • there are natural features, occupations or improvements on the ground which determine or directly influence the location and extent of the site
  • the easement to be created is for light and air or support
  • the easement is for encroachment or overhang
  • cross-easements are to be created under section 181B or section 88BB Conveyancing Act 1919

NOTE: A deposited plan of survey cannot be annexed to the lease.

A proposed easement intended to be limited in height or depth must connect to (or place) two bench marks in accordance with clause 13 Surveying and Spatial Information Regulation 2017 and be prepared and signed by a registered surveyor
. 
Any easement plan limited in height or depth shown on a deposited plan must show the three schedules in accordance with cl. 69, 70 & 71 Surveying and Spatial Information Regulation 2017. Plans annexed to dealings for easements limited in height or depth, do not require the schedules to be shown. The plan must be prepared and signed by a registered surveyor. 

NOTE: A request to dispense with a plan of survey must be referred to the NSW LRS Plan and Title Adviser. email: plan-info@nswlrs.com.au or use the contact us page on our website.

Plans annexed to caveats

A plan annexed to a caveat must comply with the Schedule 3 Lodgment Rules (as set out under the heading ‘General plan requirements (other than leases or premises)’ above). However, a plan of survey will be accepted. If a plan is annexed to the caveat then it must be signed by the person who has signed the statutory declaration in the caveat.

A plan of proposed subdivision annexed to a caveat must show the dimensions of the affected unregistered lot. The lot must be connected to a corner of the land in the current title or to a lot in a registered plan.

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

Publish date: October 2023