New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 4)
A planning certificate for the land unless the land is not within a local government area.
Note : If the sale relates to more than one lot in a strata plan, a single planning certificate may be attached.
Diagrams from a recognised sewerage authority (if available from the authority in the ordinary course of administration) that purport to show the following--
(a) the location of any sewer lines on the land upstream of the point of connection to the authority's sewer main (including the point of connection),
(b) the location of the authority's sewerage infrastructure for the property downstream of the point of connection to the authority's sewer main (including the point of connection).
If the contract relates to land under the provisions of the Real Property Act 1900 (including any land that is the subject of a qualified or limited folio, but not including land the subject of a contract referred to in items 6-13)--
(a) a property certificate, and
(b) a copy of a plan for the land issued by the Registrar-General (except in the case of land that is the subject of a limited folio).
Copies of all deeds, dealings and other instruments that are lodged with the Registrar-General or registered that are shown on the property certificate for the lot and that create (or purport to create) any of the following interests that burden or benefit (or purport to burden or benefit) the land or any part of the land, together with copies of all memoranda referred to in any such instruments--
(a) easements,
(b) profits à prendre,
(c) restrictions on the use of land,
(d) positive covenants imposed under Division 4 of Part 6 of the Conveyancing Act 1919 .
If the contract relates to land that comprises or includes a lot in a strata scheme (within the meaning of the Strata Schemes Management Act 2015 ) or a lot under a community plan, precinct plan or neighbourhood plan (within the meaning of the Community Land Development Act 1989 ), copies of--
(a) all deeds, dealings and other instruments lodged with the Registrar-General or registered that are shown on the property certificate for the relevant common property or association property and that create (or purport to create) any of the following interests that burden or benefit (or purport to burden or benefit) the common property or association property or any part of that property--(i) easements,(ii) profits à prendre,(iii) restrictions on the use of land,(iv) positive covenants imposed under Division 4 of Part 6 of the Conveyancing Act 1919 , and
(b) all memoranda referred to in any such instruments.
If the contract relates to land that comprises or includes a lot in a freehold strata scheme within the meaning of the Strata Schemes Development Act 2015 --
(a) a property certificate for the lot and the common property, and
(b) a copy of the strata plan that shows the lot, and
(c) a copy of any by-laws in force for the strata scheme.
If the contract relates to land that comprises or includes a lease of a lot in a leasehold strata scheme within the meaning of the Strata Schemes Development Act 2015 --
(a) a property certificate for the leasehold estate in the lot, and
(b) a property certificate for the leasehold estate in the common property, and
(c) a copy of the strata plan that shows the lot, and
(d) a copy of the registered lease of the lot and the registered lease of the common property, and
(e) a copy of any by-laws in force for the strata scheme.
If the contract relates to land that comprises or includes a lot in a development scheme within the meaning of the Strata Schemes Development Act 2015 , a copy of the following documents that are registered under that Act--
(a) the strata development contract,
(b) any amendment of the strata development contract.
If the contract relates to land that is subject to a strata management statement registered under the Strata Schemes Development Act 2015 , a copy of the strata management statement and of any amendment of the strata management statement that is registered under that Act.
If the contract relates to land that comprises or includes a lot (within the meaning of the Strata Schemes Development Act 2015 ) that is within a community scheme (within the meaning of the Community Land Development Act 1989 )--
(a) the documents prescribed by item 6, and
(b) a property certificate for the community property and any precinct property, and
(c) a copy of the community plan, including a copy of the community management statement and any development contract registered with the community plan, and
(d) if applicable, a copy of the precinct plan, including a copy of the precinct management statement and any development contract registered with the precinct plan.
If the contract relates to land that comprises or includes a lot that forms part of a community scheme within the meaning of the Community Land Development Act 1989 --
(a) a property certificate for the lot and community property, and
(b) a copy of the community plan incorporating the lot, including a copy of the community management statement and any development contract registered with the community plan.
If the contract relates to land that comprises or includes a lot that forms part of a precinct scheme within the meaning of the Community Land Development Act 1989 --
(a) a property certificate for the lot, precinct property and community property, and
(b) a copy of the precinct plan incorporating the lot, including a copy of the precinct management statement and any development contract registered with the precinct plan, and
(c) a copy of the community plan incorporating the precinct scheme to which the lot relates, including a copy of the community management statement and any development contract registered with the community plan.
If the contract relates to land that comprises or includes a lot that forms part of a neighbourhood scheme within the meaning of the Community Land Development Act 1989 --
(a) a property certificate for the lot and neighbourhood property, and
(b) a copy of the neighbourhood plan incorporating the lot, including a copy of the neighbourhood management statement and development contract, and
(c) if the neighbourhood scheme in which the lot is situated is within a community scheme--(i) a property certificate for the community property and any precinct property, and(ii) a copy of the community plan, including a copy of the community management statement and any development contract registered with the community plan, and(iii) if applicable, a copy of the precinct plan, including a copy of the precinct management statement and any development contract registered with the precinct plan.
If the contract relates to land that is subject to a building management statement registered under the Conveyancing Act 1919 , a copy of the building management statement, as in force for the time being.
(1) If the contract relates to land on which there is situated a swimming pool within the meaning of the Swimming Pools Act 1992 to which that Act applies, a copy of one of the following in respect of the swimming pool--(a) a valid certificate of compliance issued under section 22D of that Act,(b) a relevant occupation certificate within the meaning of that Act and evidence that the swimming pool is registered under Part 3A of that Act,(c) a valid certificate of non-compliance issued under clause 18BA of the Swimming Pools Regulation 2008 .
(2) This item does not apply if--(a) the contract relates to a lot in a strata scheme (within the meaning of the Strata Schemes Management Act 2015 ) or in a community scheme (within the meaning of the Community Land Development Act 1989 ) and that strata or community scheme comprises more than 2 lots, or(b) the contract is an off the plan contract within the meaning of Division 10 of Part 4 of the Conveyancing Act 1919 .
A notice that is in or to the effect of each of the following notices (unless the notice is printed in the contract) and that is clearly legible and prominently located--
IMPORTANT NOTICE TO VENDORS AND PURCHASERS Before signing this contract you should ensure that you understand your rights and obligations, some of which are not written in this contract but are implied by law.WARNING--SMOKE ALARMS The owners of certain types of buildings and strata lots must have smoke alarms (or in certain cases heat alarms) installed in the building or lot in accordance with regulations under the Environmental Planning and Assessment Act 1979 . It is an offence not to comply. It is also an offence to remove or interfere with a smoke alarm or heat alarm. Penalties apply.WARNING--LOOSE-FILL ASBESTOS INSULATION Before purchasing land that includes any residential premises (within the meaning of Division 1A of Part 8 of the Home Building Act 1989 ) built before 1985, a purchaser is strongly advised to consider the possibility that the premises may contain loose-fill asbestos insulation (within the meaning of Division 1A of Part 8 of the Home Building Act 1989 ). In particular, a purchaser should--(a) search the Register required to be maintained under Division 1A of Part 8 of the Home Building Act 1989 , and(b) ask the relevant local council whether it holds any records showing that the residential premises contain loose-fill asbestos insulation.For further information about loose-fill asbestos insulation (including areas in which residential premises have been identified as containing loose-fill asbestos insulation), contact NSW Fair Trading.