This Regulation prescribes practical rules, forms and fees for preparing, lodging, recording and indexing land instruments, plans and certain deeds in New South Wales. It affects people and firms who lodge or deal with registry services (surveyors, solicitors, conveyancers, owners, authorities) by setting technical document standards, electronic-lodgment requirements, witness rules and indexed fees. Its effect is to standardise registry inputs and costs while concentrating administrative discretion with the Registrar‑General.
The Conveyancing (General) Regulation 2018 is subordinate legislation made under the Conveyancing Act 1919 (the Act). Its primary function is to prescribe the detailed machinery that gives practical effect to the Act’s registration and dealing provisions. It does this across five Parts and five Schedules.
Part 1 contains preliminary matters. Clause 3 supplies 14 defined terms used throughout the Regulation, including “administration sheet”, “deposited plan”, “section 88B instrument”, “strata plan” and “the Act”. Clause 4 states that the Regulation applies in addition to the Real Property Act 1900 regulations and lodgment rules, but prevails to the extent of any inconsistency.
Part 2 governs the General Register of Deeds. Clause 5 prescribes who may sign the certificate required by s 184D(3) of the Act (the lodging party, a party to the instrument, or their solicitor or agent). Clause 6 (as substituted in 2023) sets out how the Registrar-General allocates distinctive references and affixes the seal for instruments lodged by hand or electronically. The new cl 6A requires the Registrar-General to send a copy of any electronically lodged instrument to the lodging party as soon as practicable after registration. Clause 7 prescribes the approved-form application for renewing registration of writs, court orders or legal proceedings under s 186(2). Clause 8 requires notices of resumption not under the Real Property Act 1900 to be in the Form 1 set out in Schedule 2.
Part 3 is the longest and most technical division. It regulates the Register of Plans. Division 1 requires particulars of all deposited plans to be recorded (cl 9), insists that deposited plans must be plans of survey unless the Registrar-General permits otherwise (cl 10), and imposes strict numbering, dimension, address and information-panel rules (cl 11). Clause 12 adds survey-connection, road-width, boundary-establishment and road-name particulars. Clause 13 empowers the Registrar-General to determine standard technical requirements for electronic lodgment. Clause 16 expands the definition of “miscellaneous plan” in s 195(1)(c) of the Act to include sites of easements, profits à prendre, restrictions, positive covenants, boundary adjustments under the , and certain pre-1920 structural divisions. Clause 17 prescribes plans supporting adverse-possession primary applications as “plans of identification”.
Current sections
Direct links to the current provisions in Conveyancing (General) Regulation 2018.
administration sheet, in relation to a plan, means the separate document, in the approved form, required to be lodged with the plan under section 195A of the Act.
approved means approved for the time being by the Registrar-General.
deposited plan means a plan (other than a strata plan) lodged for registration or recording.
public restriction or obligation has the same meaning as in the Act, section 88B.
register of plans means the register of plans kept by the Registrar-General that includes plans registered under Division 3 of Part 23 of the Act and strata plans registered under the Strata Schemes Development Act 2015.
section 88B instrument means a section 88B instrument within the meaning of clause 18 or 19.
strata plan means a building alteration plan, a strata plan, a strata plan of consolidation or a strata plan of subdivision within the meaning of the Strata Schemes Development Act 2015.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2) Notes included in this Regulation do not form part of this Regulation.
cl 3: Am 2025 No 50, Sch 2[1].
4
Application of lodgment rules
4 Application of lodgment rules
4 Application of lodgment rules
The provisions of this Regulation apply in addition to the provisions of the regulations and lodgment rules made under the Real Property Act 1900. However, to the extent of any inconsistency, the provisions of this Regulation prevail.
Part 2
The General Register of Deeds
Part 2 The General Register of Deeds
Part 2 The General Register of Deeds
5
Certificate to accompany instrument for registration
5 Certificate to accompany instrument for registration
5 Certificate to accompany instrument for registration
For the purposes of section 184D(3) of the Act, the certificate to accompany an instrument for registration must be signed by—
(a) the person lodging the instrument, or
(b) a party to the instrument, or
(c) a solicitor or agent acting for the person lodging, or a party to, the instrument.
6
Allocation of distinctive references to instruments
6 Allocation of distinctive references to instruments
6 Allocation of distinctive references to instruments
(1) For the Act, section 184E(1), to allocate a distinctive reference to an instrument lodged by hand, the Registrar-General must record the distinctive reference on, and affix the Registrar-General’s seal to—
(a) the original instrument, and
(b) the registration copy of the instrument.
(2) To allocate a distinctive reference to an instrument lodged electronically, the Registrar-General must record the distinctive reference and the Registrar-General’s seal on the instrument lodged for registration.
cl 6: Subst 2023 (564), Sch 1[1].
6A
Registrar-General must send copies of instruments lodged electronically
6A Registrar-General must send copies of instruments lodged electronically
6A Registrar-General must send copies of instruments lodged electronically
For the Act, section 202(1)(c), the Registrar-General must send a copy of an instrument that has been allocated a distinctive reference in accordance with clause 6(2) to the person who lodged the instrument for registration as soon as practicable after the instrument is registered in the General Register of Deeds.
cl 6A: Ins 2023 (564), Sch 1[1].
7
Renewal of registration of writs, court orders or legal proceedings
7 Renewal of registration of writs, court orders or legal proceedings
7 Renewal of registration of writs, court orders or legal proceedings
For the purposes of section 186(2) of the Act, the prescribed manner in which registration of a writ, order or current legal proceedings in the General Register of Deeds is to be renewed is by means of an application in the approved form.
8
Registration of notices of resumption
8 Registration of notices of resumption
8 Registration of notices of resumption
A notice of resumption that is lodged for registration in the General Register of Deeds under section 196A(3)(a) of the Act must be in the form of Form 1 as set out in Schedule 2 (executed by the resuming authority or by an agent appointed by the resuming authority to execute the notice on its behalf).
Part 3
Register of plans
Part 3 Register of plans
Part 3 Register of plans
Division 1
General
Division 1 General
Division 1 General
9
Particulars of deposited plans to be recorded
9 Particulars of deposited plans to be recorded
9 Particulars of deposited plans to be recorded
The Registrar-General is to record in the register of plans particulars of all deposited plans registered or recorded under Division 3 of Part 23 of the Act.
10
Deposited plans to be plans of survey
10 Deposited plans to be plans of survey
10 Deposited plans to be plans of survey
A deposited plan must be in the form of a plan of survey unless the Registrar-General otherwise permits.
11
Numbering of parcels and other information on deposited plan
11 Numbering of parcels and other information on deposited plan
11 Numbering of parcels and other information on deposited plan
(1) All parcels of land (including parcels intended for public reserves and drainage reserves) shown on a deposited plan must be numbered on the plan consecutively in strict numerical sequence, using no more than 4 numerals for each parcel number.
(2) All parcels of land shown on a deposited plan that are intended to be dedicated as roads must be numbered consecutively on the plan in strict numerical sequence, using no more than 4 numerals for each parcel number, if the Registrar-General requires them to be so numbered.
(3) Parcels must not be identified on a deposited plan by reference to a “section” or “block”.
(4) The complete dimensions (including area) of each parcel must be shown on the deposited plan.
(5) Each deposited plan must include (if required by the Registrar-General) a table indicating the street address of each parcel shown in the plan.
(6) The following matters must be shown in the relevant spaces of the information panels of a deposited plan—
(a) the name of the surveyor who carried out the relevant survey (if applicable),
(b) the surveyor’s reference (if applicable),
(c) the date of the survey (if applicable),
(d) the reduction ratio at which the plan is drawn,
(e) the plan heading,
(f) the local government area,
(g) the locality,
(h) the subdivision certificate number (if applicable).
12
Particulars relating to roads and other matters on deposited plan
12 Particulars relating to roads and other matters on deposited plan
12 Particulars relating to roads and other matters on deposited plan
(1) A deposited plan that comprises a plan of survey must contain the following particulars—
(a) references to any marks of former surveys used, or in respect of which connections are shown, and the recorded numbers of the plans of those surveys,
(b) the widths of all roads indicated in the plan and of their footways and carriageways if defined by alignment,
(c) information sufficient to indicate that the external boundaries have been properly established and do not include any part of adjoining properties or roads,
(d) the present name of every road shown in the plan.
(2) A deposited plan that does not comprise a plan of survey must contain the following particulars—
(a) sufficient connections to locate each parcel comprised in the plan,
(b) the present name of every road shown in the plan.
(3) If the name of a road shown in a plan differs from that shown on the cadastral record maintained by the Registrar-General, the plan must be accompanied by evidence that satisfies the Registrar-General from the appropriate roads authority that confirms the change of name and the extent of the change.
13
Standard technical requirements relating to electronic lodgment
13 Standard technical requirements relating to electronic lodgment
13 Standard technical requirements relating to electronic lodgment
(1) For the purpose of facilitating the lodgment of plans and other documents electronically, the Registrar-General may determine standard technical requirements with respect to the preparation and lodgment of plans and other documents lodged electronically.
(2) Without limiting section 195AA(5) of the Act, an approval under that subsection may require a person lodging plans or other documents electronically to do so in accordance with the standard technical requirements determined under this clause.
(3) The Registrar-General may make the standard technical requirements determined under this clause available through the Registrar-General’s Guidelines published on the internet.
14
14
14, 15 (Repealed)
16
Miscellaneous plans
16 Miscellaneous plans
16 Miscellaneous plans
For the purposes of paragraph (c) of the definition of miscellaneous plan in section 195(1) of the Act, the following matters are prescribed as matters that, if shown on a plan, constitute the plan as a miscellaneous plan—
(a) the site of an easement, profit à prendre, restriction on the use of land or positive covenant to be created under section 88B of the Act,
(b) the site of an easement, profit à prendre, public restriction or obligation or positive covenant for maintenance or repair to be released under section 88B of the Act,
(c) minor adjustments to the boundaries of development lots and association property within the meaning of the Community Land Development Act 2021 in such a manner as to constitute the plan as a boundary adjustment plan within the meaning of that Act,
(d) a division of land effected, prior to 1 July 1920, by the erection of structures (such as buildings, walls and fences) if the plan also shows—
(i) that the various parts of the land so divided are separately rateable under the Local Government Act 1993, and
(ii) that the structures that are currently on the land are in the same position as were the structures by which the division of land was effected.
cl 16: Am 2021 No 6, Sch 5.3[1]; 2025 No 50, Sch 2[2].
17
Plans of identification
17 Plans of identification
17 Plans of identification
For the purposes of paragraph (i) of the definition of plan of identification in section 195(1) of the Act, a plan supporting a primary application to bring land under the provisions of the Real Property Act 1900 (being land in respect of which the applicant claims to have acquired title wholly or partly by adverse possession) is prescribed as a plan of identification.
Division 2
Deposited plans—easements and other interests in land
Division 2 Deposited plans—easements and other interests in land
Division 2 Deposited plans—easements and other interests in land
18
Creation of easement or other interest under section 88B
18 Creation of easement or other interest under section 88B
18 Creation of easement or other interest under section 88B
(1) If a plan is intended, on registration, to create an easement, profit à prendre, restriction on the use of land or positive covenant pursuant to section 88B of the Act, a statement of intention to that effect must be legibly printed on the administration sheet lodged with the plan.
(2) The statement of intention must not—
(a) incorporate the terms of the easement, profit à prendre, restriction or positive covenant, or
(b) specify the lots intended to be benefited and burdened.
(3) The plan must be accompanied by a document in an approved form (a section 88B instrument).
(4) If it is intended that a plan, on registration, is to create an easement pursuant to section 88B of the Act—
(a) the site of the easement must be indicated in the plan-drawing area of the approved form of the plan with sufficient indication of the nature of the easement to distinguish it from any other easement intended to be created on registration of the plan, and
(b) if the easement is limited in height or depth, the levels of the limits shown on the plan must be related to Australian Height Datum (AHD) as defined in the Surveying and Spatial Information Act 2002.
(5) In this clause—
plan means a deposited plan or a strata plan (other than a building alteration plan).
19
Release of interest under section 88B
19 Release of interest under section 88B
19 Release of interest under section 88B
(1) A plan that, under the Act, section 88B, is intended to release a relevant interest must include, legibly printed on the administration sheet lodged with the plan, a statement of intention to release the relevant interest.
(2) In this clause—
plan means a deposited plan or a strata plan, other than a building alteration plan.
cl 19: Subst 2025 No 50, Sch 2[3].
20
Creation of easement or other interest other than under section 88B
20 Creation of easement or other interest other than under section 88B
20 Creation of easement or other interest other than under section 88B
(1) A deposited plan may designate the site of a proposed easement, profit à prendre, restriction on the use of land or positive covenant that is intended to be created by an instrument of grant or reservation (other than pursuant to section 88B of the Act by registration of the plan) if—
(a) the designation of the site of the proposed easement, profit à prendre, restriction or positive covenant includes the word “proposed”, and
(b) no statement of the intention to create or vary the easement or profit à prendre, or to create the restriction or positive covenant, is entered on the administration sheet lodged with the plan.
(2) A deposited plan may designate the proposed varied site of an existing easement or profit à prendre that is intended to be varied by an instrument of variation pursuant to section 47(5A) of the Real Property Act 1900 (other than pursuant to section 88B of the Act by registration of the plan) if—
(a) the designation of the proposed varied site of the existing easement or profit à prendre includes the word “proposed”, and
(b) no statement of the intention to vary the easement or profit à prendre is entered on the administration sheet lodged with the plan.
(3) The designation of the site of a proposed easement, profit à prendre, restriction or positive covenant in accordance with this clause does not, for the purposes of section 88B of the Act, indicate in the prescribed manner an intention to create an easement, profit à prendre, restriction or positive covenant.
21
Dedication of public roads or creation of reserves
21 Dedication of public roads or creation of reserves
21 Dedication of public roads or creation of reserves
(1) This clause applies to a deposited plan that, on registration, is intended to dedicate a public road (including a temporary public road) under the Roads Act 1993 or to create a public reserve or drainage reserve under the Local Government Act 1993.
(2) The statement of intention to dedicate the road or to create the reserve must be legibly printed on the administration sheet lodged with the plan.
Division 3
Administration sheets and section 88B instruments
Division 3 Administration sheets and section 88B instruments
Division 3 Administration sheets and section 88B instruments
22
Administration sheets
22 Administration sheets
22 Administration sheets
(1) An administration sheet—
(a) must repeat the heading of the plan with which it is required to be lodged and the surveyor’s reference (if applicable) in the appropriate panels on each sheet of the approved form, and
(b) must contain the following certificates (endorsed in the appropriate panels on the approved form)—
(i) a survey certificate unless the Registrar-General dispenses with the certificate,
Note.
Section 195C(1)(c) of the Act enables the Registrar-General to dispense with the certificate.
(ii) in the case of a plan of subdivision (other than a plan referred to in section 195C(2) of the Act)—a subdivision certificate,
(iii) such other certificates as the Registrar-General may require, and
(c) in the case of an administration sheet for a deposited plan that does not comprise a plan of survey—must contain a statement identifying the source of the information from which the plan has been compiled.
(2) In this clause, a reference to a subdivision certificate is—
(a) if the plan concerned is a plan of subdivision for lease purposes within the meaning of Division 3B of Part 2 of the Act—a reference to a subdivision certificate stating that the plan is a plan of subdivision for lease purposes and that it relates to land within a caravan park or a manufactured home estate, or
(b) if the plan is a plan of subdivision for lease purposes within the meaning of Division 3C of Part 2 of the Act—a reference to a subdivision certificate stating that the plan is a plan of subdivision for forestry lease purposes.
(3) On registration of a deposited plan, the administration sheet accompanying the deposited plan is to be registered in the register of plans.
Note.
Section 195A of the Act requires plans lodged for registration to be accompanied by a separate document in the form approved by the Registrar-General. In this Regulation, the separate document is called an administration sheet. Section 195C of the Act requires the endorsement, in accordance with the regulations, of certain certificates relating to plans lodged for registration or recording. This section requires those certificates to be endorsed on the administration sheet. Further, section 195D of the Act generally requires relevant signatures to appear on the administration sheet.
23
Registration of section 88B instruments
23 Registration of section 88B instruments
23 Registration of section 88B instruments
On registration of a deposited plan or strata plan that is accompanied by a section 88B instrument, the section 88B instrument is, if accepted, to be registered in the register of plans.
Division 4
Additional provisions—land under Real Property Act 1900
Division 4 Additional provisions—land under Real Property Act 1900
This Division applies to deposited plans with respect to land that is subject to the provisions of the Real Property Act 1900.
25
Subdivision, consolidation or acquisition of part of land in a folio
25 Subdivision, consolidation or acquisition of part of land in a folio
25 Subdivision, consolidation or acquisition of part of land in a folio
(1) If a proposed subdivision, consolidation or acquisition of land, or a proposed acquisition, opening or closing of a road, does not comprise the whole of a parcel of land described in a folio of the Register kept under the Real Property Act 1900, the relevant deposited plan must show the residue to scale.
(2) The residue must be numbered as a separate parcel.
(3) If the boundaries of the residue are extensive, the part of the plan showing the residue may, unless the Registrar-General otherwise requires, be prepared on the basis of information recorded on plans held, filed or recorded by the Registrar-General or a public authority.
(4) The Registrar-General may dispense with the requirement to show the residue—
(a) in the case of land vested in Transport for NSW, a public road, a public railway or an irrigation channel, or
(b) in any other case where the Registrar-General considers that compliance with the requirement would be unduly onerous.
cl 25: Am 2020 No 30, Sch 4.7.
26
Alteration of boundaries of strata title common property
26 Alteration of boundaries of strata title common property
26 Alteration of boundaries of strata title common property
(1) A deposited plan of subdivision or consolidation lodged for the purpose of altering the external boundaries of common property must show to scale the whole of the common property as it will subsist after the alteration.
(2) The common property must be numbered as a separate parcel in the plan.
(3) In this clause, common property means common property that is—
Fee payable to prescribed authority for certificate under section 88G
29 Fee payable to prescribed authority for certificate under section 88G
29 Fee payable to prescribed authority for certificate under section 88G
For the purposes of section 88G(3) of the Act, the fee payable to a prescribed authority for a certificate under that section is—
(a) if the authority has inspected the relevant land for the purpose of issuing the certificate—0.35 fee units, or
(b) 0.1 fee units in any other case.
Part 5
Miscellaneous
Part 5 Miscellaneous
Part 5 Miscellaneous
30
Plans of subdivision for lease purposes—caravan parks, mobile home estates or forestry
30 Plans of subdivision for lease purposes—caravan parks, mobile home estates or forestry
30 Plans of subdivision for lease purposes—caravan parks, mobile home estates or forestry
(1) For the purposes of the definition of plan of subdivision for lease purposes in section 23H of the Act, a plan of subdivision is marked to indicate that development consent has been granted under the Environmental Planning and Assessment Act 1979 subject to a condition that the subdivision is a subdivision for lease purposes if the plan contains a statement that—
(a) development consent has been granted under that Act subject to such a condition, and
(b) the plan relates to land in a caravan park or manufactured home estate.
(2) For the purposes of the definition of plan of subdivision for lease purposes in section 23J of the Act, a plan of subdivision is marked to indicate that development consent has been granted under the Environmental Planning and Assessment Act 1979 subject to a condition that the subdivision is a subdivision for forestry lease purposes if the plan contains a statement that development consent has been granted under that Act subject to such a condition.
31
Certificate of currency to accompany plan of survey for old surveys
31 Certificate of currency to accompany plan of survey for old surveys
31 Certificate of currency to accompany plan of survey for old surveys
(1) A plan of survey cannot be lodged with the Registrar-General more than 2 years after the date shown in the survey certificate as the date of completion of the survey to which the plan relates, unless the plan is accompanied by a certificate of currency.
(2) A certificate of currency is a certificate in an approved form in which a surveyor attests to each of the following matters—
(a) there are no changes to the boundaries of the land to which the survey relates (the subject land), and the definition of those boundaries in the plan of survey remains consistent with surrounding plans, or if not, the plan of survey has been updated,
(b) that 2 or more of the permanent survey marks used in the survey remain in place, or if not, the plan of survey has been updated,
(c) that all reference marks placed in respect of the survey remain in place, or if not, the reference marks have been replaced and the plan of survey has been updated,
(d) that there has been no change to the occupations and other improvements relevant to the boundaries of the subject land since the completion of the survey, or if not, the plan of survey has been updated.
(3) The Registrar-General may accept a certificate of currency that does not certify all the matters set out in subclause (2) if the Registrar General is satisfied that it was not reasonably practicable to do so.
(4) A plan of survey that is updated for the purposes of subclause (2) is to be done so in accordance with the Surveying and Spatial Information Act 2002 and the regulations under that Act as in force at the time when the survey was completed.
(1) A document that is deposited with the Registrar-General under section 64 of the Act for the purpose of complying with a covenant or undertaking to produce documents must be accompanied by a notice to that effect.
(2) The notice must be in the approved form and lodged in duplicate. Its particulars must not be handwritten.
33
33
33 (Repealed)
34
Periods for retention of documents
34 Periods for retention of documents
34 Periods for retention of documents
For the purposes of section 196AB(2)(c) of the Act, the period prescribed is the period of 7 years commencing with the day on which the plan or other document was registered or recorded.
35
Vacation of registrations
35 Vacation of registrations
35 Vacation of registrations
For the purposes of section 200(2) of the Act, the prescribed form of application for vacation of a registration (other than a registration made under Division 2 of Part 23 of the Act) is Form 2 as set out in Schedule 2.
36
Identified documents
36 Identified documents
36 Identified documents
For the purposes of section 203A(2) of the Act, each of the following is an identified document—
(a) a section 88B instrument,
(b) a building management statement referred to in Division 3B of Part 23 of the Act,
(g) a community management statement, precinct management statement or neighbourhood management statement under the Community Land Development Act 2021.
cl 36: Am 2021 No 6, Sch 5.3[2].
37
Savings
37 Savings
37 Savings
Any act, matter or thing that, immediately before the repeal of the Conveyancing (General) Regulation 2013, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1
Fees
Schedule 1 Fees
Schedule 1 Fees
Note.
Section 3B(2) of the Real Property Act 1900 provides that a fee prescribed under that Act or any other Act for or in respect of the exercise of a titling and registry function is, when the function is exercised by the authorised operator, the maximum fee that is payable and the authorised operator can accept a lesser fee for or in respect of the exercise of the function.
sch 1: Am 2021 No 10, Sch 3.8[2] [3]; 2021 No 6, Sch 5.3[1][3].
(Extract from Government Gazette of notification of resumption)
I, [Name and address of person signing the notice], certify that the above matter is a true copy of the notification of resumption published in the Government Gazette on [Date and page number].
This Regulation is the Conveyancing (General) Regulation 2018.
2 Commencement
2 Commencement
2 Commencement
This Regulation commences on 1 September 2018 and is required to be published on the NSW legislation website.
Note.
This Regulation replaces the Conveyancing (General) Regulation 2013 which is repealed on 1 September 2018 by section 10(2) of the Subordinate Legislation Act 1989.
3 Definitions
3 Definitions
3 Definitions
(1) In this Regulation—
administration sheet, in relation to a plan, means the separate document, in the approved form, required to be lodged with the plan under section 195A of the Act.
approved means approved for the time being by the Registrar-General.
deposited plan means a plan (other than a strata plan) lodged for registration or recording.
fee unit—see Part 2 of Schedule 1.
plan of survey means a formal land survey plan within the meaning of the Surveying and Spatial Information Act 2002.
public restriction or obligation has the same meaning as in the Act, section 88B.
register of plans means the register of plans kept by the Registrar-General that includes plans registered under Division 3 of Part 23 of the Act and strata plans registered under the Strata Schemes Development Act 2015.
section 88B instrument means a section 88B instrument within the meaning of clause 18 or 19.
strata plan means a building alteration plan, a strata plan, a strata plan of consolidation or a strata plan of subdivision within the meaning of the Strata Schemes Development Act 2015.
survey certificate has the same meaning as in the Surveying and Spatial Information Regulation 2017 or in any regulation that replaces that regulation.
the Act means the Conveyancing Act 1919.
Note.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
Community Land Development Act 2021
Division 2 deals with easements and interests. Clause 18 requires a legible statement of intention on the administration sheet when a plan is to create an easement, profit à prendre, restriction or positive covenant under s 88B, prohibits inclusion of the full terms or benefited/burdened lots on that sheet, and mandates a separate approved-form s 88B instrument. Height or depth limitations must be related to Australian Height Datum. Clause 19 (substituted 2025) mirrors these formalities for releases. Clause 20 permits “proposed” designations on plans for interests created by separate instruments, making clear that such notation does not engage s 88B. Clause 21 requires a statement of intention on the administration sheet for road dedications or reserve creations.
Division 3 regulates administration sheets and s 88B instruments. Clause 22 lists mandatory content: repetition of plan heading and surveyor reference, survey certificate (unless dispensed with under s 195C(1)(c)), subdivision certificate (with special rules for lease-purpose subdivisions in caravan parks, manufactured home estates or forestry), other Registrar-General-required certificates, and, for compiled plans, a statement of source information. The administration sheet itself is registered in the register of plans. Clause 23 provides that an accompanying s 88B instrument is registered in the same register if accepted.
Division 4 adds rules for Torrens-title land. Clause 25 requires residue land to be shown to scale and numbered as a separate parcel when only part of a folio is subdivided, consolidated or acquired; the Registrar-General may dispense with this for Transport for NSW land, public roads, railways, irrigation channels or where compliance would be unduly onerous. Clause 26 requires full scaled depiction and separate numbering of common property when its external boundaries are altered.
Part 4 prescribes authorities for the imposition of restrictions or public positive covenants. Clause 27 lists 14 bodies (including Australian Gas Networks (NSW) Pty Ltd, energy services corporations, Hunter Water Corporation, Water NSW, Sydney Water, Landcom and others) for the purposes of s 88D(1)(c). Clause 28 lists a similar but not identical set for s 88E(1)(c) regulation of land not held by the authority. Clause 29 sets the fee for a s 88G certificate at 0.35 fee units (if land inspected) or 0.1 fee units otherwise.
Part 5 contains miscellaneous provisions. Clause 30 prescribes the notation required on plans of subdivision for lease purposes in caravan parks, manufactured home estates or forestry so that they are “marked” for the purposes of ss 23H and 23J of the Act. Clause 31 imposes a two-year currency rule for survey certificates; after that period a certificate of currency must attest that boundaries, marks, occupations and improvements remain unchanged or have been updated in accordance with the Surveying and Spatial Information Act 2002. Clause 32 requires a duplicate approved-form notice when documents are deposited under s 64 to comply with a covenant to produce. Clause 34 prescribes a seven-year retention period for plans and documents under s 196AB(2)(c). Clause 35 prescribes Form 2 for applications to vacate registrations. Clause 36 lists seven classes of “identified documents” (including s 88B instruments, building management statements, strata by-laws, development contracts and community management statements) that may be lodged electronically or in other approved ways under s 203A(2). Clause 37 contains a savings provision continuing the effect of acts done under the repealed 2013 Regulation.
Schedule 1 sets fees in fee units (exclusive of GST). The 37 items cover registration, digital images, official searches, name searches, plan lodgments (with multipliers for extra lots, management statements, s 88B instruments, building management statements and consolidations), requisitions, certificates of ownership, deposits under s 64, and marginal notes. Part 2 of the Schedule contains the inflation-adjustment mechanism: a fee unit was $102.07 in 2018/19 and is recalculated annually by reference to the Sydney CPI (All Groups) March quarter, with a floor preventing reduction below the previous year’s amount. Editorial notes show the unit rising to $126.59 for 2025–26. Copyright fees for plan images are adjusted under a separate Copyright Tribunal formula.
Schedule 2 supplies the two prescribed forms: Form 1 (notice of resumption) and Form 2 (application for vacation of registration).
Schedule 3 lists prescribed authorities for easements in gross under s 88A(1)(c). It includes classes (energy services corporations, irrigation corporations, pipeline licensees) and 37 named corporations, many added or amended between 2018 and 2025.
Schedule 4 prescribes witnesses for deeds executed in Australia/external territories or foreign countries. The lists include legal practitioners, justices of the peace, medical practitioners, notaries, police officers, mayors and others.
Taken together, the Regulation translates the broad powers in the Act into precise, enforceable steps that every practitioner must follow if a dealing is to be accepted for registration.
Who it affects
The Regulation’s reach is wide but targeted. Surveyors must comply with cll 10–12 and 22 when preparing deposited plans and survey certificates. Conveyancers and solicitors sign certificates (cl 5), prepare s 88B instruments (cl 18), and advise clients on the form and content of administration sheets. Lodging parties (frequently solicitors or licensed conveyancers) are responsible for ensuring statements of intention appear on administration sheets and that all required certificates are endorsed.
Developers and landowners creating or releasing easements, restrictions or positive covenants under s 88B are directly affected; their plans will be rejected unless cll 18 and 19 are observed. Local councils, water authorities, electricity distributors and transport agencies appear both as prescribed authorities (cll 27, 28 and Schedule 3) entitled to impose restrictions or easements in gross, and as recipients of notices or certificates.
The Registrar-General is both regulator and administrator: the Regulation repeatedly grants the Registrar-General discretion to approve forms, dispense with certificates or residue diagrams, determine technical requirements for electronic lodgment, and accept or reject instruments. Land registry staff apply the fee schedule daily. Owners corporations under the Strata Schemes Development Act 2015 and community, precinct and neighbourhood associations under the Community Land Development Act 2021 must navigate the additional requirements for management statements and development contracts (cl 36 and Schedule 1 items 11 and 14).
Ultimately any person dealing with land in New South Wales—whether buying a suburban lot, subdividing a rural holding, granting a pipeline easement, or registering a resumption—is indirectly affected because their title and its encumbrances depend on compliance with these rules.
Key duties and rights
Duties are predominantly procedural. A surveyor must ensure every deposited plan is a plan of survey (cl 10), numbers parcels consecutively with no more than four numerals (cl 11(1)), shows complete dimensions and areas (cl 11(4)), and includes all required information-panel data (cl 11(6)). When an easement is to be created under s 88B, the lodging party must print a statement of intention on the administration sheet but must not include the full terms or the benefited and burdened lots on that sheet (cl 18(1)–(2)); a separate s 88B instrument is mandatory.
The Registrar-General’s rights include the power to determine standard technical requirements for electronic lodgment (cl 13), to dispense with survey certificates (cl 22(1)(b)(i)) or residue diagrams (cl 25(4)), and to require road-name evidence when a plan differs from the cadastral record (cl 12(3)). The Registrar-General also sets the approved forms that appear throughout the Regulation.
Rights of applicants are largely rights to procedural certainty: if the prescribed form is used, the correct certificates endorsed, and the fee paid, the instrument must be accepted for registration (subject to the Registrar-General’s satisfaction as to substantive compliance). Clause 6A gives the person who lodged an electronic instrument a right to receive a copy promptly after registration. Owners of land subject to s 88D or s 88E restrictions have the right to obtain a s 88G certificate on payment of the prescribed fee (cl 29).
Witnessing rights are set out in Schedule 4: deeds signed in Australia may be witnessed by any of the 25 listed classes of person; deeds signed overseas have a shorter but overlapping list.
Penalties and enforcement
The Regulation itself contains no offence-creating provisions or direct penalties. Enforcement occurs indirectly. Non-compliant plans or instruments are simply rejected by the Registrar-General and returned with a requisition (Schedule 1 item 29 imposes a fee of 0.9258 fee units for each such requisition). Repeated failure to meet technical standards can result in the plan being withdrawn or its registration refused, exposing the client to delay, additional survey costs, or loss of a development approval deadline.
Breach of the underlying Conveyancing Act 1919 provisions that the Regulation supports can attract civil remedies (e.g. compensation for breach of a positive covenant) or, in extreme cases involving fraud on the register, criminal sanctions under the Real Property Act 1900. The fee for a requisition operates as a financial disincentive. The seven-year retention rule in cl 34 is enforced by the Registrar-General’s administrative practice; after that period documents may be destroyed, removing the ability to produce them in court.
How it interacts with other laws
The Regulation is expressly parasitic on the Conveyancing Act 1919. Almost every operative clause is expressed to be “for the purposes of” a particular section of that Act. It also sits beneath the Real Property Act 1900: cl 4 provides that it prevails over any inconsistent provision in the regulations or lodgment rules made under that Act. References to “the Register” and “folio of the Register” are to the Torrens register kept under the 1900 Act.
Heavy cross-referencing occurs with the Surveying and Spatial Information Act 2002 and its regulations (definitions of “plan of survey”, “survey certificate”, “permanent survey mark”, “reference mark”). The Strata Schemes Development Act 2015 supplies the meaning of “strata plan”, “building alteration plan” and “common property”. The Community Land Development Act 2021 is now woven throughout: cl 16(c) treats minor boundary adjustments of development lots and association property as miscellaneous plans; cl 36(f)–(g) lists development contracts and management statements as identified documents; and Schedule 1 contains specific higher fees for community, precinct and neighbourhood plans.
The Roads Act 1993 and Local Government Act 1993 are engaged when plans dedicate public roads or create reserves (cl 21). The Environmental Planning and Assessment Act 1979 supplies the development-consent condition that must be noted on lease-purpose subdivision plans (cl 30). The Energy Services Corporations Act 1995, Water Management Act 2000, Electricity Network Assets (Authorised Transactions) Act 2015 and State Owned Corporations Act 1989 define classes of prescribed authorities appearing in cll 27–28 and Schedule 3.
The Interpretation Act 1987 applies to the Regulation by virtue of the note to cl 3(1). The Subordinate Legislation Act 1989 repealed the predecessor 2013 Regulation on 1 September 2018 (cl 2 note).
Recent changes and why
The Regulation has been amended on at least ten occasions between 2018 and 2025. The most significant are:
2021 amendments (No 6 and No 10) updated cross-references to the Community Land Development Act 2021 (replacing the repealed Community Land Development Act 1989), inserted new fees for community plans, and adjusted the definition of miscellaneous plans to include boundary adjustment plans.
2023 (564) substituted cl 6 to deal with electronic lodgment seals, inserted cl 6A (obligation to send copies), repealed cll 14 and 15 (which had dealt with certain plan notations now covered by lodgment rules), amended the list of prescribed authorities in cl 28 by repealing one entity, updated cl 31 by removing a spent subclause, and made further changes to Schedule 3.
2025 No 50 amended cl 3 (updated survey-certificate definition), cl 16 (further refinement of miscellaneous-plan categories), and substituted cl 19 to simplify the statement-of-intention requirement for releases.
These changes were driven by three policy imperatives: (1) modernisation of titling practices to accommodate fully electronic lodgment and reduce paper handling; (2) alignment with major legislative reforms such as the replacement community-land-development regime and new utility structures; and (3) maintenance of the real-value of fees through annual CPI indexing. The addition of new prescribed authorities (e.g. Amplitel Pty Ltd, Lumea Pty Limited, Transport Asset Holding Entity) reflects the commercialisation and restructuring of former government utilities and the need to give them statutory power to create easements in gross without dominant tenements.
Court challenges and controversies
The source text contains no reported court challenges. Because the Regulation is purely procedural, disputes tend to surface in administrative law proceedings (judicial review of a Registrar-General’s refusal to register) or in civil actions where a party alleges that an easement or covenant is invalid for want of compliance with cl 18 or cl 19. No specific cases are recited in the Regulation itself, and the instruction prohibits invention of doctrine. The controversies that do arise are therefore practical rather than constitutional: surveyors complain that the residue-diagram requirement in cl 25 can be disproportionately expensive for linear acquisitions; practitioners debate the exact content that may appear on an administration sheet without breaching cl 18(2); and there is perennial argument about when the Registrar-General’s dispensation power under cl 25(4)(b) should be exercised. These remain matters of negotiation with the Registrar-General rather than litigated precedent.
Gotchas
Most practitioners miss that a “statement of intention” on the administration sheet under cl 18(1) must not incorporate the terms of the easement or identify the benefited and burdened lots; those details belong exclusively in the separate s 88B instrument. Lodging the terms on the sheet itself is a common rejection trigger.
The two-year survey-currency rule in cl 31 is unforgiving. Even a one-day overrun requires a full certificate of currency that must address boundaries, permanent survey marks, reference marks and occupations. The Registrar-General’s limited discretion to accept a lesser certificate is rarely granted and must be negotiated in advance.
Schedule 1 item 12 charges 1.2618 fee units “for each easement, restriction on the use of land, positive covenant or profit à prendre to be created, irrespective of the number of lots burdened or benefited”. A single s 88B instrument creating three easements and two restrictions therefore attracts five separate fees. The same multiplier applies to releases under item 13.
Clause 20’s “proposed” notation is not an indication of intention under s 88B; many solicitors inadvertently include a statement of intention on the administration sheet and thereby convert the interest into a s 88B easement with different enforceability characteristics.
The inflation-adjustment formula in Schedule 1 Part 2 contains a floor: if CPI falls, the fee unit stays at the previous year’s amount. This ratchet effect is easily overlooked when budgeting long-term projects.
Finally, cl 36’s list of “identified documents” that may be lodged electronically is exhaustive. A building management statement is included, but only if lodged with a plan (item 14 of Schedule 1) or separately (item 28); the fee differs.
How to comply
Compliance begins with a checklist. For any deposited plan:
Confirm it is a plan of survey or obtain Registrar-General’s permission (cl 10).
Number parcels consecutively with ≤4 numerals; do not use “section” or “block” (cl 11).
Show full dimensions, areas, road names, widths, connections and boundary-establishment information (cll 11–12).
Complete every information-panel field required by the Registrar-General (cl 11(6)).
Prepare an administration sheet repeating the plan heading, containing the survey certificate (or dispensation request), subdivision certificate if required, and source-of-information statement for compiled plans (cl 22).
If creating or releasing interests under s 88B, print only the bare statement of intention on the administration sheet and lodge a separate approved-form instrument (cll 18–19).
Calculate and pay the exact fee, remembering per-lot multipliers, s 88B per-interest fees, and any pre-examination fees (Schedule 1).
If the survey is more than two years old, attach a certificate of currency addressing all four matters in cl 31(2) or explain why it was impracticable to do so.
For electronic lodgments, ensure the file meets the standard technical requirements published on the Registrar-General’s website (cl 13).
Retain a copy of every lodged document for at least seven years (cl 34).
Practitioners should maintain a current copy of the Registrar-General’s Guidelines (published on the internet under cl 13(3)) and the approved forms. When acting for a prescribed authority listed in cl 27 or Schedule 3, confirm that the restriction or easement in gross falls within the statutory power before lodging. For deeds, select a witness from the Schedule 4 list appropriate to the place of execution.
A prudent compliance protocol includes an internal peer review of every administration sheet and s 88B instrument against the exact wording of cll 18, 19 and 22, followed by a fee calculation cross-checked against the latest CPI-adjusted unit published on the NSW legislation website. Only then should the plan be lodged. Following this disciplined approach minimises requisitions, avoids unnecessary expenditure on re-surveys or fresh certificates, and ensures the dealing is registered on first presentation.
(2) Notes included in this Regulation do not form part of this Regulation.
cl 3: Am 2025 No 50, Sch 2[1].
4 Application of lodgment rules
4 Application of lodgment rules
4 Application of lodgment rules
The provisions of this Regulation apply in addition to the provisions of the regulations and lodgment rules made under the Real Property Act 1900. However, to the extent of any inconsistency, the provisions of this Regulation prevail.
Part 2 The General Register of Deeds
Part 2 The General Register of Deeds
Part 2 The General Register of Deeds
5 Certificate to accompany instrument for registration
5 Certificate to accompany instrument for registration
5 Certificate to accompany instrument for registration
For the purposes of section 184D(3) of the Act, the certificate to accompany an instrument for registration must be signed by—
(a) the person lodging the instrument, or
(b) a party to the instrument, or
(c) a solicitor or agent acting for the person lodging, or a party to, the instrument.
6 Allocation of distinctive references to instruments
6 Allocation of distinctive references to instruments
6 Allocation of distinctive references to instruments
(1) For the Act, section 184E(1), to allocate a distinctive reference to an instrument lodged by hand, the Registrar-General must record the distinctive reference on, and affix the Registrar-General’s seal to—
(a) the original instrument, and
(b) the registration copy of the instrument.
(2) To allocate a distinctive reference to an instrument lodged electronically, the Registrar-General must record the distinctive reference and the Registrar-General’s seal on the instrument lodged for registration.
cl 6: Subst 2023 (564), Sch 1[1].
6A Registrar-General must send copies of instruments lodged electronically
6A Registrar-General must send copies of instruments lodged electronically
6A Registrar-General must send copies of instruments lodged electronically
For the Act, section 202(1)(c), the Registrar-General must send a copy of an instrument that has been allocated a distinctive reference in accordance with clause 6(2) to the person who lodged the instrument for registration as soon as practicable after the instrument is registered in the General Register of Deeds.
cl 6A: Ins 2023 (564), Sch 1[1].
7 Renewal of registration of writs, court orders or legal proceedings
7 Renewal of registration of writs, court orders or legal proceedings
7 Renewal of registration of writs, court orders or legal proceedings
For the purposes of section 186(2) of the Act, the prescribed manner in which registration of a writ, order or current legal proceedings in the General Register of Deeds is to be renewed is by means of an application in the approved form.
8 Registration of notices of resumption
8 Registration of notices of resumption
8 Registration of notices of resumption
A notice of resumption that is lodged for registration in the General Register of Deeds under section 196A(3)(a) of the Act must be in the form of Form 1 as set out in Schedule 2 (executed by the resuming authority or by an agent appointed by the resuming authority to execute the notice on its behalf).
Part 3 Register of plans
Part 3 Register of plans
Part 3 Register of plans
Division 1 General
Division 1 General
Division 1 General
9 Particulars of deposited plans to be recorded
9 Particulars of deposited plans to be recorded
9 Particulars of deposited plans to be recorded
The Registrar-General is to record in the register of plans particulars of all deposited plans registered or recorded under Division 3 of Part 23 of the Act.
10 Deposited plans to be plans of survey
10 Deposited plans to be plans of survey
10 Deposited plans to be plans of survey
A deposited plan must be in the form of a plan of survey unless the Registrar-General otherwise permits.
11 Numbering of parcels and other information on deposited plan
11 Numbering of parcels and other information on deposited plan
11 Numbering of parcels and other information on deposited plan
(1) All parcels of land (including parcels intended for public reserves and drainage reserves) shown on a deposited plan must be numbered on the plan consecutively in strict numerical sequence, using no more than 4 numerals for each parcel number.
(2) All parcels of land shown on a deposited plan that are intended to be dedicated as roads must be numbered consecutively on the plan in strict numerical sequence, using no more than 4 numerals for each parcel number, if the Registrar-General requires them to be so numbered.
(3) Parcels must not be identified on a deposited plan by reference to a “section” or “block”.
(4) The complete dimensions (including area) of each parcel must be shown on the deposited plan.
(5) Each deposited plan must include (if required by the Registrar-General) a table indicating the street address of each parcel shown in the plan.
(6) The following matters must be shown in the relevant spaces of the information panels of a deposited plan—
(a) the name of the surveyor who carried out the relevant survey (if applicable),
(b) the surveyor’s reference (if applicable),
(c) the date of the survey (if applicable),
(d) the reduction ratio at which the plan is drawn,
(e) the plan heading,
(f) the local government area,
(g) the locality,
(h) the subdivision certificate number (if applicable).
12 Particulars relating to roads and other matters on deposited plan
12 Particulars relating to roads and other matters on deposited plan
12 Particulars relating to roads and other matters on deposited plan
(1) A deposited plan that comprises a plan of survey must contain the following particulars—
(a) references to any marks of former surveys used, or in respect of which connections are shown, and the recorded numbers of the plans of those surveys,
(b) the widths of all roads indicated in the plan and of their footways and carriageways if defined by alignment,
(c) information sufficient to indicate that the external boundaries have been properly established and do not include any part of adjoining properties or roads,
(d) the present name of every road shown in the plan.
(2) A deposited plan that does not comprise a plan of survey must contain the following particulars—
(a) sufficient connections to locate each parcel comprised in the plan,
(b) the present name of every road shown in the plan.
Note.
Plans of this kind are compiled plans for the purposes of the regulations made under the Surveying and Spatial Information Act 2002.
(3) If the name of a road shown in a plan differs from that shown on the cadastral record maintained by the Registrar-General, the plan must be accompanied by evidence that satisfies the Registrar-General from the appropriate roads authority that confirms the change of name and the extent of the change.
13 Standard technical requirements relating to electronic lodgment
13 Standard technical requirements relating to electronic lodgment
13 Standard technical requirements relating to electronic lodgment
(1) For the purpose of facilitating the lodgment of plans and other documents electronically, the Registrar-General may determine standard technical requirements with respect to the preparation and lodgment of plans and other documents lodged electronically.
(2) Without limiting section 195AA(5) of the Act, an approval under that subsection may require a person lodging plans or other documents electronically to do so in accordance with the standard technical requirements determined under this clause.
(3) The Registrar-General may make the standard technical requirements determined under this clause available through the Registrar-General’s Guidelines published on the internet.
14
14, 15 (Repealed)
14
cl 14: Am 2021 No 10, Sch 3.8[1]. Rep 2023 (564), Sch 1[2].
cl 15: Rep 2023 (564), Sch 1[2].
16 Miscellaneous plans
16 Miscellaneous plans
16 Miscellaneous plans
For the purposes of paragraph (c) of the definition of miscellaneous plan in section 195(1) of the Act, the following matters are prescribed as matters that, if shown on a plan, constitute the plan as a miscellaneous plan—
(a) the site of an easement, profit à prendre, restriction on the use of land or positive covenant to be created under section 88B of the Act,
(b) the site of an easement, profit à prendre, public restriction or obligation or positive covenant for maintenance or repair to be released under section 88B of the Act,
(c) minor adjustments to the boundaries of development lots and association property within the meaning of the Community Land Development Act 2021 in such a manner as to constitute the plan as a boundary adjustment plan within the meaning of that Act,
(d) a division of land effected, prior to 1 July 1920, by the erection of structures (such as buildings, walls and fences) if the plan also shows—
(i) that the various parts of the land so divided are separately rateable under the Local Government Act 1993, and
(ii) that the structures that are currently on the land are in the same position as were the structures by which the division of land was effected.
cl 16: Am 2021 No 6, Sch 5.3[1]; 2025 No 50, Sch 2[2].
17 Plans of identification
17 Plans of identification
17 Plans of identification
For the purposes of paragraph (i) of the definition of plan of identification in section 195(1) of the Act, a plan supporting a primary application to bring land under the provisions of the Real Property Act 1900 (being land in respect of which the applicant claims to have acquired title wholly or partly by adverse possession) is prescribed as a plan of identification.
Division 2 Deposited plans—easements and other interests in land
Division 2 Deposited plans—easements and other interests in land
Division 2 Deposited plans—easements and other interests in land
18 Creation of easement or other interest under section 88B
18 Creation of easement or other interest under section 88B
18 Creation of easement or other interest under section 88B
(1) If a plan is intended, on registration, to create an easement, profit à prendre, restriction on the use of land or positive covenant pursuant to section 88B of the Act, a statement of intention to that effect must be legibly printed on the administration sheet lodged with the plan.
(2) The statement of intention must not—
(a) incorporate the terms of the easement, profit à prendre, restriction or positive covenant, or
(b) specify the lots intended to be benefited and burdened.
(3) The plan must be accompanied by a document in an approved form (a section 88B instrument).
(4) If it is intended that a plan, on registration, is to create an easement pursuant to section 88B of the Act—
(a) the site of the easement must be indicated in the plan-drawing area of the approved form of the plan with sufficient indication of the nature of the easement to distinguish it from any other easement intended to be created on registration of the plan, and
(b) if the easement is limited in height or depth, the levels of the limits shown on the plan must be related to Australian Height Datum (AHD) as defined in the Surveying and Spatial Information Act 2002.
(5) In this clause—
plan means a deposited plan or a strata plan (other than a building alteration plan).
19 Release of interest under section 88B
19 Release of interest under section 88B
19 Release of interest under section 88B
(1) A plan that, under the Act, section 88B, is intended to release a relevant interest must include, legibly printed on the administration sheet lodged with the plan, a statement of intention to release the relevant interest.
(2) In this clause—
plan means a deposited plan or a strata plan, other than a building alteration plan.
cl 19: Subst 2025 No 50, Sch 2[3].
20 Creation of easement or other interest other than under section 88B
20 Creation of easement or other interest other than under section 88B
20 Creation of easement or other interest other than under section 88B
(1) A deposited plan may designate the site of a proposed easement, profit à prendre, restriction on the use of land or positive covenant that is intended to be created by an instrument of grant or reservation (other than pursuant to section 88B of the Act by registration of the plan) if—
(a) the designation of the site of the proposed easement, profit à prendre, restriction or positive covenant includes the word “proposed”, and
(b) no statement of the intention
This is an opening excerpt, not the complete document.