New South Wales Repealed Regulations

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This legislation has been repealed.

CONVEYANCING (SALE OF LAND) REGULATION 2010 - SCHEDULE 1

SCHEDULE 1 – Prescribed documents

(Clause 4)

1

A section 149 certificate (unless the land is not within a local government area) for the lot.

Note : If the sale relates to more than one lot in a strata plan a single section 149 certificate may be attached.

2

A diagram for the land from a recognised sewerage authority (if available from the authority in the ordinary course of administration) that purports to show the location of the authority's sewer in relation to the land.

3

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 Land and Property Management Authority or any of its predecessors (except in the case of land that is the subject of a limited folio).

4

Copies of all deeds, dealings and other instruments lodged or registered in the Land and Property Management Authority 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 instrument:

(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 .

5

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 1996 ) or a lot under a community plan, precinct plan or neighbourhood plan (within the meaning of the Community Land Development Act 1989 ), copies of all deeds, dealings and other instruments lodged or registered in the Land and Property Management Authority 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, together with copies of all memoranda referred to in any such instrument:

(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 .

6

If the contract relates to land that comprises or includes a lot as defined in the Strata Schemes (Freehold Development) Act 1973 :

(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-law for the strata scheme to which Division 4 of Part 5 of Chapter 2 of the Strata Schemes Management Act 1996 applies.

7

If the contract relates to land that comprises or includes a lease of a lot as defined in the Strata Schemes (Leasehold Development) Act 1986 :

(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-law for the strata scheme to which Division 4 of Part 5 of Chapter 2 of the Strata Schemes Management Act 1996 applies.

8

If the contract relates to land that comprises or includes a lot in a development scheme within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 , a copy of the strata development contract or strata development statement.

9

If the contract relates to land that is subject to a strata management statement registered under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 , a copy of the strata management statement, as in force for the time being.

10

If the contract relates to land that comprises or includes a lot (within the meaning of the Strata Schemes (Freehold Development) Act 1973 ) 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.

11

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.

12

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.

13

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.

14

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.

14A

(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,
Note : A relevant occupation certificate is an occupation certificate issued under the Environmental Planning and Assessment Act 1979 that is less than 3 years old and that authorises the use of the swimming pool.
(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 1996 ) 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 section 66ZL of the Conveyancing Act 1919 ).

15

A notice in or to the effect of each of the following notices (unless the notice is printed in the contract), being a notice that is legibly printed, in bold type, with the words shown in capital letters in the heading being at least 14 point, and the rest of the notice printed in letters at least 10 point:

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--SWIMMING POOLS An owner of a property on which a swimming pool is situated must ensure that the pool complies with the requirements of the Swimming Pools Act 1992 . Penalties apply. Before purchasing a property on which a swimming pool is situated, a purchaser is strongly advised to ensure that the swimming pool complies with the requirements of that Act.



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