Request form 11R (PDF 150 KB)
Dealing type - R
Legislation - s 7.6 Environmental Planning and Assessment Act 1979
(A) Stamp duty - not required.
Certificate of Title - required.
NOS form - not required
Standard form of Caveat - prevents registration.
Priority Notice noted on the Register - see Priority Notice page.
Note: A Planning Agreement noted on the Torrens Title Register has no effect on any other dealings.
A plan fee is payable only where the plan annexed to the dealing is referred to in the description at Marginal Note (B).
(B) The reference to title for the land affected by the request must be stated.
A planning agreement affecting part of the land must fully describe the affected part by reference to a registered plan, a plan annexed to the dealing, or to another registered dealing.
(C) Does not apply.
(E) The full name of the applicant must be stated. The applicant may be the planning authority or the registered proprietor of the land.
(F) A short description of the nature of the request must be stated, e.g. 'Registration of Planning Agreement pursuant to s 7.6 Environmental Planning and Assessment Act 1979'.
(G) Full details of the Planning Agreement must be stated or included in an annexure. The annexure itself must be identified as such. Each page must be numbered. The first and last pages and any alterations or additions must be signed by all parties.
(H) The dealing must be executed by:
- an authorised officer of the planning authority, as applicant (the name of the officer and the nature of the authority must be stated), and be witnessed (or be executed on the planning authority's behalf as in the table below); and
- the registered proprietor and be witnessed (or be executed on the registered proprietor's behalf as as in the table below); and
- every lessee, mortgagee, chargee, covenant chargee and caveator (or be executed on their behalf as in the table below).
If the dealing is not executed by the registered proprietor and every lessee, mortgagee, chargee, covenant chargee and caveator, then the dealing must be accompanied by the written consent to registration of the dealing by the registered proprietor, and every lessee, mortgagee, chargee, covenant chargee and caveator.
Where the registered proprietor is the Owners Corporation of a Strata scheme, execution must take the form as set out in Strata Schemes Approved Form 23 (PDF 128 KB). The following certificates are also required:
- Strata Schemes Approved Form 13 (PDF 23 KB) and
- Strata Schemes Approved Form 10 (PDF 8 KB) where the initial period is not shown as expired on the common property title.
Where the registered proprietor is the Association of a Community, Precinct or Neighbourhood scheme, execution must take the form as set out in Community Title Schemes Approved Form 18 (PDF 20 KB). A certificate as in Community Title Schemes Approved Form 21 (PDF 20 KB) is also required.
See execution requirements for companies, witnesses etc.
(I) Not to be completed (see NOS form above)
See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [494.900].
The planning agreement annexed to the dealing must be signed by all the parties to the agreement (See clause 25C(1) of the Environmental Planning and Assessment Regulation 2000 ).
Staff processing information
Whilst requests dated from 1 March 2018 onwards should refer to section 7.6 of the Environmental Planning and Assessment Act 1979 (‘Act’), staff can continue to accept requests that refer to section 93H of the Act.
If in order proceed with registration except for the following.
Refer to SM99
Where Marginal Note (B) refers to part.
PRIME CODE PLA (Planning Agreement Pursuant to s 7.6 Environmental Planning And Assessment Act 1979).