Deposited plans

The Registrar General's Guidelines for deposited plans are an initiative of Land and Property Information (LPI). They establish LPI requirements for deposited plans and thereby reduce delays by minimising the raising of requisitions on documents lodged for registration. They set out information needed by surveyors, solicitors and others in the preparation of deposited plans and associated instruments. These guidelines may also be relevant to strata scheme and community scheme plans which have their own specific directions.

Introduction

Three land titling systems currently exist in New South Wales Torrens Title (being the majority of privately owned land), Old System Title (those lands granted before 1863 and not yet converted) and Crown Title (being those lands held in the name of the State for which a certificate of title has not yet been created).

It is a basic principle of the Torrens Title system that each and every current parcel be based on a plan of survey that defines its boundaries.  Similarly any parcel of Old System or Crown Title intended to be converted to Torrens Title must also be based on a suitable plan upon which a first certificate of title can be issued.

Consequently, whenever it is intended to a create a new parcel or subdivide or deal with an existing parcel of land, a new plan depicting the new boundaries must be prepared for lodgment and registration in LPI.

Depending on the purpose of the plan, it will be lodged as:

  • a deposited plan
  • a strata plan
  • a community plan or
  • an annexure to a dealing.

You should also see information regarding restrictions on subdivisions.

Legislation base for deposited plans

All NSW legislation can be accessed at www.legislation.nsw.gov.au/ an alternate site that also provides Commonwealth legislation is www.austlii.edu.au/.

Legislation affecting plans

It is the responsibility of the Registrar General to ensure that plans and associated titles comply with the requirements set out in legislation. These directions make reference to the following Acts and Regulations which should not be considered as a definitive list of legislation affecting land:

  • Coal Ownership (Restitution) Act 1990
  • Coal Ownership (Restitution) Regulation 2000 - repealed
  • Community Land Development Act 1989
  • Community Land Development Regulation 2007
  • Community Land Management Act 1989
  • Conveyancing (General) Regulation 2013 - review changes to Conveyancing General Regulation
  • Conveyancing Act 1919
  • Crown Lands Act 1989
  • Crown Lands (Continued Tenures) Act 1989
  • Encroachment of Buildings Act 1922
  • Environmental Planning and Assessment Act 1979
  • Evidence Act 1995
  • Housing Act 2001
  • Lake Illawarra Authority Act 1987
  • Landcom Corporation Act 2001
  • Local Government Act 1993
  • Lord Howe Island Act 1953
  • Pipelines Act 1967
  • Pipelines Regulation 2013
  • Prescription Act 1832
  • Real Property Act 1900
  • Real Property Regulation 2014
  • Roads Act 1993
  • Strata Schemes Development Act 2015
  • Strata Schemes Development Regulation 2016
  • Strata Schemes Management Act 2015
  • Strata Schemes Management Regulation 2016
  • Surveying and Spatial Information Act 2002
  • Surveying and Spatial Information Regulation 2012 - review changes to Surveying and Spatial Information Regulation