Partial Release of Restriction on the Use of Land

This page aims to help you complete an electronic Partial Release of Restriction on the Use of Land dealing form. This form is used to record the partial release of restriction on the use of land pursuant to section 88 Conveyancing Act 1919.
A restriction on the use of land may be:

  • partially released by a deed of release or
  • partially released by an agreement in writing between the parties.

An owners corporation of a strata scheme may:

  • pursuant to a resolution, accept a dealing releasing a restriction on the use of land which burdens common property or the whole parcel or
  • pursuant to a special resolution, release a restriction on the use of the land that benefits common property or the whole parcel.

See section 34 Strata Schemes Development Act 2015.

The association of a community title scheme may, pursuant to a unanimous resolution, release a restriction on the use of land that benefits, or accept a dealing releasing a restriction on the use of land that burdens, community property or the whole of the community parcel.

See section 35 Community Land Development Act 1989.

Subscriber requirements

Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:

  1. verify their Client’s identity
  2. establish their Client’s right to deal with the land
  3. have a properly completed and executed Client Authorisation form and
  4. retain evidence that supports the dealing (see Supporting Evidence below).

The Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement.

For more information on these requirements see:

Residual Documents

Guide to complete

Legislation – section 88 Conveyancing Act 1919.

Stamp Duty – not required.

CoRD Holder Consent – not required.

Notice of Sale – not required.

Standard Form of Caveat – a caveat noted on the Register will not prevent the recording of a Partial Release of Restriction on the Use of Land.

Priority Notice Noted on the Register - see Priority Notice page for more information.

The following headings refer to the data fields which must be completed in order to lodge an electronic Partial Release of Restriction on the Use of Land dealing form.

Land Title

Enter the land title reference(s) for the land burdened by the restriction.

Participant Details

Party Details – Party Name

Select the applicant. The applicant must be a party to the deed of release or agreement.

Document

Create Document – Select Other Documents.

Select Partial Release of Restriction on the Use of Land dealing form.

Applicant

Select the applicant being a party to the deed of release or agreement.

Evidence Date

Enter the date of the deed of release.

Servient Tenement

Enter the servient tenement.

Dominant Tenement

Enter the dominant tenement if applicable. Leave blank if there is no dominant tenement.

Restriction Registration Number

Enter the registration number of the restriction.

Restriction Description

Enter the restriction description. You must include the restriction number referred to in the section 88B instrument and the accompanying DP reference, where applicable. Enter N/A where this is not applicable.

Partial Release of Restriction on the Use of Land

Select from one of the following:

  • SECTION 88 CONVEYANCING ACT 1919: The applicant applies to have a recording made in the Register of the deed of partial release of the restriction on the use of land annexed.
  • SECTION 88 CONVEYANCING ACT 1919: The applicant applies to have a recording made in the Register of the agreement partially releasing the restriction on the use of land annexed.

Attachment

Attachment Type – Terms and Conditions

Attach the deed of partial release, agreement or other supporting evidence.

Attachment Type – Approved Forms

Where the applicant or registered proprietor is the owners corporation of a strata scheme, the following certificates are required:

  • strata schemes Approved Form 14 where the owners corporation benefits from the dealing or
  • strata schemes Approved Form 13 where the owners corporation is burdened by the dealing and
  • strata schemes Approved Form 10 where the initial period is not shown as expired on the common property title.

Execution of the certificates must take the form as set out in strata schemes Approved Form 23.
 
Where the applicant or registered proprietor is the association of a community, precinct or neighbourhood scheme, a certificate in the form of Approved Form 21 is required. Execution of the certificate must take the form as set out in community title schemes Approved Form 18.
 
Attachment Type – Mortgagee’s Consent/Lessee’s Consent/Supporting Evidence 

The written consent of any lessee, mortgagee or chargee against whom the restriction is enforceable is required for a Partial Release of Restriction on the Use of Land.  

Supporting evidence

In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing.

The evidence that the Subscriber is required to retain to support a Partial Release of Restriction on the Use of Land dealing form may include:

  • A true copy of the duly executed version of the document(s) uploaded as an attachment.

Other forms of evidence may be acceptable and it is a matter for the Subscriber to be satisfied that they have met the requirements for the dealing. Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules.

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