Form 13RVM (PDF 200 KB)
Dealing type - VR
Legislation
s88 Conveyancing Act 1919
s88D(15) Conveyancing Act 1919 (variation where land is vested in the authority)
s88E(7) Conveyancing Act 1919 (variation where land is not vested in the authority)
s89(8) Conveyancing Act 1919 (modification)
Stamp duty - not required
NOS form - not required
Standard form of Caveat - does not prevent registration
Priority Notice noted on the Register - see Priority Notice page.
An Owners Corporation of a Strata scheme may, pursuant to a special resolution, vary a restriction on the use of land created by the Owners Corporation that benefits or burdens the common property in a Strata scheme, or all of the land in the scheme. See s34(1) Strata Schemes Development Act 2015.
The association of a community title scheme may, pursuant to a special resolution execute or accept a dealing varying a restriction on the use of land that burdens the association property or the whole of the land in the scheme. See section 30 Community Land Development Act 2021.
An additional fee is payable for the variation or modification of each restriction created by a separate s88B instrument, i.e. different DP numbers.
There is no extra fee payable for a plan annexed.
Variation or modification of a restriction created pursuant to s88 Conveyancing Act 1919
A restriction on the use of land created other than by s88D or s88E Conveyancing Act 1919 may be:
- varied by setting out the terms of the agreement in the dealing or in a deed of variation or
- modified by an Order from the Supreme Court, see s89(8) Conveyancing Act 1919.
(A) The reference to title for the land burdened by the restriction must be stated.
(C) The registered number of the restriction must be stated.
(D) The full name of the applicant must be stated.
Variation the applicant must be a party to the deed of variation
Modification the applicant must be the registered proprietor of the burdened land.
(E) Variation (s88) the date of the deed of variation must be stated. A certified copy of the deed of variation must be annexed to the dealing.
Modification the date of the Order from the Supreme Court must be stated. An office copy of the Order must be annexed to the dealing.
(F) The written consent of any lessee, mortgagee or chargee against whom the restriction is enforceable is required for a variation of the restriction.
(G) Variation the dealing must be executed by the applicant and be witnessed, or be executed on the applicant's behalf as follows:
| |
Attorney and witnessed |
Solicitor or Barrister |
Authorised Officer and witnessed |
Licensed Conveyancer |
| Applicant |
 |
|
|
|
Where the applicant or registered proprietor is the Owners Corporation of a Strata scheme, execution must take the form as set out in Strata Schemes Approved Form 23. The following certificates are also required:
(G) Modification the dealing must be executed by the registered proprietor and be witnessed, or be executed on the registered proprietor's behalf as follows:
| |
Attorney and witnessed |
Solicitor or Barrister |
Authorised Officer and witnessed |
Licensed Conveyancer |
| Registered Proprietor |
|
|
|
|
Where the applicant is the Owners Corporation of a strata scheme, execution must take the form as set out in Approved Form 23.
Where the applicant or 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. A certificate as in Community Title Schemes Approved Form 21 (special resolution) or a certificate as in Community Title Schemes Approved Form 40 is also required.
See execution requirements for companies, witnesses etc.
See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [493.100].
Variation or modification of a restriction created pursuant to s88D Conveyancing Act 1919
A restriction on the use of land created by s88D Conveyancing Act 1919 may be:
- varied by an agreement between the registered proprietor and the prescribed authority entitled to enforce the restriction or
- modified by an Order from the Supreme Court, see s89(8) Conveyancing Act 1919.
(A) The reference to title for the land burdened by the restriction must be stated.
(C) The registered number of the restriction must be stated.
(D) The full name of the applicant must be stated.
Variation the applicant must be the prescribed authority or the registered proprietor of the burdened land;
Modification the applicant must be the registered proprietor.
(E)
2. Variation (s88D) details of the variation must be provided as follows:
- where the prescribed authority is the registered proprietor of the land, the terms of the variation must be annexed to the dealing;
- where the prescribed authority is no longer the registered proprietor of the land, a certified copy of the deed of variation made between the prescribed authority and the registered proprietor must be annexed to the dealing.
4. Modification the date of the Order from the Supreme Court must be stated and an office copy of the Order must be annexed to the dealing.
(F) The written consent of any lessee, mortgagee or chargee against whom the restriction is enforceable is required for a variation of the restriction.
(G) Variation: the dealing must be executed by the applicant and be witnessed, or be executed on the applicant's behalf as follows:
| |
Attorney and witnessed |
Solicitor or Barrister |
Authorised Officer and witnessed |
Licensed Conveyancer |
| Applicant |
|
|
|
|
Where the applicant or registered proprietor is the Owners Corporation of a Strata scheme, execution must take the form as set out in Strata Schemes Approved Form 23. The following certificates are also required:
(G) Modification the dealing must be executed by the registered proprietor and be witnessed, or be executed on the registered proprietor's behalf as follows:
| |
Attorney and witnessed |
Solicitor or Barrister |
Authorised Officer and witnessed |
Licensed Conveyancer |
| Registered Proprietor |
|
|
|
|
Where the applicant or registered proprietor is the Owners Corporation of a Strata scheme, execution 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, execution must take the form as set out in Community Title Schemes Approved Form 18. A certificate as in Community Title Schemes Approved Form 21 (special resolution) or a certificate as in Community Title Schemes Approved Form 40
(ordinary resolution) is also required.
See execution requirements for companies, witnesses etc.
See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [493.100].
Variation or modification of a restriction created pursuant to s88E Conveyancing Act 1919
A restriction on the use of land created by s88E Conveyancing Act 1919 may be:
- varied by the prescribed authority entitled to enforce the restriction; or
- modified by an Order from the Supreme Court, see s89(8) Conveyancing Act 1919.
(A) The reference to title for the land burdened by the restriction must be stated.
(C) The registered number of the restriction must be stated.
(D) The full name of the applicant must be stated.
Variation the applicant must be the prescribed authority or the registered proprietor of the burdened land;
Modification the applicant must be the registered proprietor of the burdened land.
(E)
3. Variation (s88E) the date of the agreement must be stated. A certified copy of the agreement must be annexed to the dealing.
4. Modification the date of the Order from the Supreme Court must be stated and an office copy of the Order must be annexed to the dealing.
(F) The written consent of any lessee, mortgagee or chargee against whom the restriction is enforceable is required for a variation of the restriction.
(G) Variation the dealing must be executed by the applicant and be witnessed, or be executed on the applicant's behalf as follows:
| |
Attorney and witnessed |
Solicitor or Barrister |
Authorised Officer and witnessed |
Licensed Conveyancer |
| Applicant |
|
|
|
|
Where the applicant or registered proprietor is the Owners Corporation of a Strata scheme, execution must take the form as set out in Strata Schemes Approved Form 23. The following certificates are also required:
(G) Modification: the dealing must be executed by the registered proprietor and be witnessed, or be executed on the registered proprietor's behalf as follows:
| |
Attorney and witnessed |
Solicitor or Barrister |
Authorised Officer and witnessed |
Licensed Conveyancer |
| Registered Proprietor |
|
|
|
|
Where the applicant is the Owners Corporation of a strata scheme, execution must take the form as set out in Approved Form 23.
Where the applicant or 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 . A certificate as in Community Title Schemes Approved Form 21 (special resolution) or a certificate as in Community Title Schemes Approved Form 40 is also required.
See execution requirements for companies, witnesses etc.
See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [493.100].
Staff processing information
The dealing does not require referral to SM99.
Refer to LEG99 through the Senior Examining Officer except for the following.
Refer to SD31
A variation or modification of restriction involving:
- an Aboriginal Association or corporation
- the NSW/Local Aboriginal Land Council.
Registration procedure
Proceed with registration as directed by Legal.
Modification
TRANSACTION UNDR
PRIME CODE code of restriction as shown on the Register
PRIME NO. number of restriction
SUB CODE UA
DETAILS Modification.
Variation
TRANSACTION UNDR
PRIME CODE code of restriction as shown on the Register
PRIME NO. number of restriction
SUB CODE URV.