NSW legislation proposing a time limit in the validity of a Survey Certificate accompanying a plan or survey will commence on 1 September 2018, pursuant to amendments to the Conveyancing (General) Regulation 2018.
The legislation will apply to a plan or survey (as defined by the Regulation) lodged on or after 1 September 2018. It will not apply to compiled plans or strata plans.
A plan may no longer be current if there is a delay between completion and lodgement. By ensuring a plan remains current, the legislation will result in fewer requisitions being issued by the NSW LRS and will help maintain the integrity of the cadastre. The new requirements are designed to formalise and enhance the existing practice of requiring plans to be updated to include current information.
A plan of survey cannot be lodged with the Registrar General more than two 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 stage 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 lodgement;
- For plans lodged after 1 September 2019 until 31 August 2020, the requirement will apply where the survey was completed more than 3 years prior to lodgement;
- For plans lodged on or after 1 September 2020, the requirement will apply where the survey was completed more than 2 years prior to lodgement.
Certificate of Currency
The approved form will be published on the NSW LRS website www.nswlrs.com.au on 1 September 2018. A surveyor must attest to each of the matters in order that the plan can be accepted for lodgement.
To fulfil these requirements, the surveyor will need to review the plan before lodgement to determine whether the plan needs to be updated and to make sure any consents from certifying authorities or other people are obtained.