Councils often include in their DA conditions the creation of Positive Covenants and Restrictions on Use of land. These are documents that are most easily created through dealings under section 88E of the Conveyancing Act. Once the documents are prepared and signed in the correct manner they need to be lodged at NSW Land Registry Services (LRS) together with the original Certificate of Title of the subject land. Please note the LRS is transferring to an Electronic Titling System so notice to deal in Titles will be given by the banks or those in possession of the Title. 

Positive Covenants create conditions that require something to be done, for example the maintenance of a Stormwater System. They are most commonly created by a 13PC form, which typically must be signed by: the owners, the relevant Council, and their Mortgagee (lender) if the property is the subject of a Mortgage.

Restrictions on Use restrict the owner from something, for example altering the levels of an overland flow path. They are most commonly created by a 13RPA form, which typically must be signed by: the owners, the relevant Council, and their Mortgagee (lender) if the property is the subject of a Mortgage.

Hint: These processes take time, however many Councils will allow the creation and registration of these Dealings early in the project, long before pressure mounts to comply with all the other Conditions of consent and gain Occupation and Subdivision Certificates.

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