New legislation to ensure plans of survey contain current information
Legislation imposing a time limit on the validity of a Survey Certificate accompanying a plan of survey will commence on 1 September 2018. The legislation will form part of the remake of the Conveyancing (General) Regulation 2018 (the Regulation).
The legislation will apply to a plan of survey (as defined by the Regulation) lodged on or after 1 September 2018. It will not apply to compiled plans or strata plans.
The cadastre is dynamic and regularly changing. A plan may no longer be current if there is a delay between completion and lodgment. By ensuring a plan remains current, the legislation will result in fewer requisitions being issued by NSW LRS and will help to maintain the integrity of the cadastre. The new requirements will formalise and enhance the existing practice of requiring plans to be updated to include current information.
Time Limits – staged introduction
A plan of survey cannot be lodged with the Registrar General more than 2 years after the date of completion of the survey shown on the Survey Certificate unless it is accompanied by a Certificate of Currency attested to by the surveyor in the approved form.
The legislation will provide for a staged introduction to allow lodging parties to transition to the new requirements as follows:
- For plans lodged on or after 1 September 2018 until 31 August 2019, the requirement will apply where the survey was completed more than 5 years prior to lodgment.
- For plans lodged on or after 1 September 2019 until 31 August 2020, the requirement will apply where the survey was completed more than 3 years prior to lodgment.
- For plans lodged on or after 1 September 2020, the requirement will apply where the survey was completed more than 2 years prior to lodgment.
Certificate of Currency
The approved form will be published on the NSW LRS website www.nswlrs.com.au on 1 September 2018. To assist lodging parties prepare for the new requirements, please find a copy of the approved form here. A surveyor must attest to each of the matters in order that the plan can be accepted for lodgment.
To fulfil these requirements, the surveyor will need to review the plan before lodgment to determine whether the plan needs to be updated and to make sure any consents from certifying authorities or other people are obtained.
The Certificate of Currency is an additional Certificate to be attested to by a surveyor. The Survey Certificate accompanying the plan of survey does not require any further endorsement or alteration.
Lodging parties must ensure they comply with the new provision when lodging a plan of survey.