Plans annexed to dealings
General plan requirements
Schedule 5 Real Property Regulations 2014 sets out that any plan annexed to a dealing must:
- identify the land to which it relates
- be drawn at a reduced ratio which allows all details and notations to be clearly shown
- state the reduction ratio at which it is drawn
- include a north point which must be directed upwards and indicate the meridian to which it relates
- show complete dimensions, including the area, of every parcel in the plan
- show sufficient information to define any proposed easement, or any proposed variation of an existing easement, and its relationship to the boundaries of any affected parcel
- be signed by a surveyor if prepared under the Surveying and Spatial Information Act 2002
- show the date of preparation
- be signed by each person who has signed the dealing to which it is annexed
- express all lengths in metres and not any other unit of measurement (whether or not related to the metre). A symbol or abbreviation to represent the metre must not be used
- express all areas in no other unit of measurement other than:
- if less than one hectare, in square metres (m)
- if not less than one hectare but less than 10 000 hectares, in hectares (ha) and
- if 10 000 hectares or more, in square kilometres (km)
- show all words, letters, figures and symbols in capital letters (except for areas), in an open formation and construction and in an upright style
- be neatly and clearly drawn without colour or edging
- be drawn on one side of paper (A4 size) or some other approved medium and have clear margins of 10 mm on each side and at the top and bottom (see below)
- be free from blemishes and creases
- if the original plan is not available, be a reproduction of the original plan provided the reproduced matter consists of a permanent dense black image with sharp contrast and is free from background discolouration
- be compiled and not a plan of survey (within the meaning of cl.5 Surveying and Spatial Information Regulation 2012) except with the consent of the Registrar General
LPI also requires that any plan annexed to a dealing must also:
- be drawn on A4 size paper. A plan prepared on polyester foil (which is not suitable for scanning), a paper sheet larger than A4 or any other unacceptable medium must be copied onto A4 size paper. The copy must be marginally noted that the original signatures have been sighted. The copy must be annexed to the dealing and the original plan destroyed
- not bear a subdivision certificate (unless lodged with a Banana lease)
- only show the following survey information:
- two control points used to provide reduced levels relevant to Australian Height datum (AHD)
- a reference mark placed in a 'Survey Information Only' plan annexed to a lease to a telecommunications carrier
- refer to Reduced Levels AHD and not to a structure where an easement or restriction on use is limited in stratum
- not refer to walls of a building or other occupations when defining the site of a proposed easement
- define the boundaries of the easement, lease site etc by lines parallel or perpendicular to the parcel boundaries. These boundaries should state the relevant bearings and distances and be connected to a corner of the parcel.
Plans annexed to leases
Lease of land
A lease of part of a parcel of land with a term in excess of 5 years, including any option of renewal, constitutes a subdivision of the land and must be defined as a lot in a deposited plan. A completed subdivision certificate will be required.
A compiled plan of subdivision annexed to a lease not exceeding 5 years, including any option of renewal, may be compiled and lodged with the lease as an annexure. As such a lease will not constitute a subdivision in terms of s.23G(d)(1) Conveyancing Act 1919 a subdivision certificate will not be required -see also Lease plans page. Also see Greg Stilianou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 [12.370]. The annexed plan must comply with the standard requirements for compiled plans as set out in General Plan Requirements above.
The boundaries of the lease site may be defined:
- fixed along, parallel and / or perpendicular to an existing boundary established in the reliable plan of survey
- fixed between two previously surveyed corners
- one straight line between points defined (by connection) on two existing parcel boundaries, or
- the projection of an existing boundary established in a deposited plan of survey.
Note Compiled lease plans may be prepared either as a deposited plan or as a sketch plan annexed to a dealing.
Lease of premises
Where the term of a lease of premises, including any option of renewal, exceeds 25 years or the lease is of part of the premises, the premises must be defined in a plan annexed to the lease or refer to identical premises in a plan filed in LPI.
The normal requirements apply for the annexed plan as set out in General plan requirements above. The plan must also:
- define the premises being leased by a unique method, e.g. hatched, shown by a thick outline or designated 'A'
- be a quality reproduction of whole or part of the building plan, architectural plan or any other plan prepared to a similar standard
- show enough of this plan to adequately fix the boundaries of the premises by:
- reference to whole floors
- reference to a floor(s) within a building
- reference to walls or other structural features of a building (pillars, gutters, stairs), and
- if necessary, the use of perpendicular (90°) dimensions related to walls or other suitable structural features
- define any carparking spaces, loading docks, hard-standing areas, nurseries and/or garden areas (within or external to the building) either by an appropriate designation, e.g. 'Car Space No.1', 'Loading Dock' etc. or by use of prolongations and perpendicular (90°) offsets related (by dimensions) to the walls or other suitable structural features. Reference to the Car Space etc. must be included in the 'Property Leased Panel' of the lease. In order for the extent of any open space premises to be unequivocal the extremities must be discernable by a physical boundary (wall, fence, line of planter boxes etc) located on the site. An appropriate notation should be added to the plan. See also 'ease of open space premises page.
- where the premises to be leased are within a large parcel of land, sufficient information must be shown on the plan to locate the premises within the parcel boundaries. Perpendicular connections should be used to connect the premises to the parcel boundaries.
Lease of electricity substation
A long-term lease of an electricity substation is treated as a lease of premises. The body of the lease must comprise a description of the leased premises and reference to a plan which defines the substation. The plan can either be:
- a plan annexed to a registered dealing
- a plan annexed to the subject lease or
- a plan lodged as a deposited plan.
A plan of compilation annexed to a lease or other registered dealing must:
- identify the land by the substation number, i.e. the substation number is used as the lot number
- not define any residue parcel - it is being treated as premises
- be prepared to the same standard as that required for a plan of compilation prepared for lodgment as a deposited plan
- include the following statement on the plan:
THE LIMITS OF THE STRUCTURE BEING LEASED ARE DEFINED BY THE LINES SHOWN IN THE PLAN HEREON
Annexed easement plans
A compiled easement plan annexed to a dealing is acceptable provided it complies with the requirements set out in the Compiled easement plans page.
However, a plan of survey is required to determine the site of an easement where:
- there are natural features, occupations or improvements on the ground which determine or directly influence the location and extent of the site
- the easement to be created is for light and air or support
- cross-easements are to be created under s.181B or s.88BB Conveyancing Act 1919
A proposed easement intended to be limited in height or depth must:
- connect to (or place) two bench marks in accordance with clauses 13 and 62 Surveying and Spatial Information Regulation 2012
- be prepared and signed by a registered surveyor.
Note A request to dispense with a plan of survey must be referred to the LPI Plan and Title Adviser F: 61 2 9223 8114 or T: 61 2 9228 6817. e: firstname.lastname@example.org
Plans annexed to caveats
A plan annexed to a caveat must comply with the 'General Plan Requirements'. The plan must show sufficient perpendicular connections to locate the land within the title boundaries.
A plan of proposed subdivision annexed to a caveat must show the dimensions of the affected unregistered lot. The lot must be connected to a corner of the land in the current title or to a lot in a registered plan.
Note Unless defining the site of a partial caveat intended to affect a title, a copy of a registered plan of survey must not be used as an annexure to a dealing.