Preliminary examination

When deposited plans (including community plans) or strata plans are lodged with NSW LRS for registration, the proposed development is usually in its final stage and the lots to be created may already be under contract for sale. A delay at this time, due to unforeseen legal or survey requisitions on the plan is costly and inconvenient to both the developer and the purchaser(s).

A service for examining all types of plans prior to lodgment of the final plan for registration is provided by NSW LRS. Most often the pre-examination is undertaken at the time the plan is presented to the council, consent authority or certifier for approval, i.e. when the parcel layout is complete, and the development is awaiting approval.

A pre-examination fee is payable on the plan based on the regulated fees. On completion, a report on the pre-examination will be forwarded to the surveyor and the lodging party by the NSW LRS examiner.

NOTE: Pre-examination of a plan is NOT a presumption for 'urgency' in the processing of the final plan following lodgment for registration.

Advantages of pre-examination

Advantages to pre-examination of deposited plans (including community plans) or strata plans include:

  • Advance written notice of issues with survey or title which will require amendment or revision prior to registration.
  • Opportunity to re-lodge a new version of documents, to correct matters prior to lodgment of the final plan.
  • Minimise expensive delays caused by additional legal or survey work after the plan has been lodged.
  • Reduced development time with parallel tracking as the plan is with NSW LRS for examination while also being processed by the council, consent authority etc.

Matters beyond the control of NSW LRS are not covered by the pre-examination. For example:

  • Signatures and/or consents on plans and associated instruments pursuant to section 195(D) Conveyancing Act 1919, as the original plan is not available and ownership and encumbrances may change during the development period.
  • Amendments and/or alterations to the plan or the registration of documents directly affecting the title(s) which occur in the interval between the preparation of the pre-examination report and lodgment of the final plan.
  • Quality of linework and printing on the final plan when lodged for registration.
  • Any legislative amendments or changes to NSW LRS practice since the completion of the report.
  • Any claim of possession by the applicant of land outside his/her title or deed.
  • Any plan affected by a claim adverse to the applicants title or deed (i.e. by the indication on a plan affecting Old System or Limited title of boundaries being outside long term occupations). These matters should be addressed by the lodgment of an acceptable survey report or the specific consent of the adjoining owner(s) with the final plan.

NSW LRS requirements

Lodgment

A plan for pre-examination must be lodged via NSW LRS Connect together with the following:

  • A full size copy of the plan, of good quality, containing complete survey information
  • A copy of any associated instrument (Example: section 88B instrument, development contract, etc.)
  • A copy of any related dealings required to be pre-examined to be lodged as a letter file which will assist with the examination of the plan
  • Payment of the current pre-examination lodgment fee. This fee is additional to fees payable on lodgment of the final plan for registration.

Review of pre-examined plans

If it is intended to amend or alter the plan after receipt of the report, a letter detailing the plan changes should be included as part of the re-lodgment or final lodgment via NSW LRS Connect, containing the following;

  • An updated version of the amended plan and/or associated instrument
  • Reference to the requisition report and a mark-up showing the necessary changes that were made to the previous plan version.
  • Copies of any associated dealings prepared to rectify title problems.

General inquiries on all matters relating to the pre-examination of plans may be made to pe@nswlrs.com.au
 

NOTE: Please quote the Pre-examination file number.

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

 

Publication Date: July 2025