Lodge plans early to avoid settlement delays
Changes to off-the-plan property contract laws commenced on 1 December 2019 when the Conveyancing Legislation (Amendment) Act 2018 and the Conveyancing (Sale of Land) Amendment Regulation 2019 took effect.
NSW Land Registry Services (NSW LRS) asks customers and lodging parties to particularly note the requirement that developers and vendors of off-the-plan properties provide purchasers with a copy of the final registered plan and associated documents at least 21 days before settlement, in accordance with section 66ZP of the Conveyancing Act 1919.
This change applies to residential off-the-plan contracts entered into from 1 December 2019.
NSW LRS appreciates that this change impacts upon the ability of developers and vendors to finalise a property transfer and notes that there is no change to the processes and practices of NSW LRS regarding the lodgment and examination of plans.
Plan images will continue to be available for customers within the existing 3 day service commitments for document and plan image updates and Spatial Services updates. Copies of registered plans will be sent to the surveyor when they become available in line with our current processes.
We ask customers and lodging parties to ensure that they lodge plans early to ensure they have sufficient time to satisfy these contractual requirements and to ensure your agreed settlement date allows sufficient time for plan registration to occur prior to settlement.
Plans lodged prior to 1 December 2019 are unlikely to be affected by these changes.
Customer enquiries
For information about plan lodgment and examination, please contact NSW LRS using the Contact Us online form or by calling 8776 3575.
The Office of the Registrar General has published information about these changes online at: www.registrargeneral.nsw.gov.au/news/new-requirements-for-off-the-plan-contracts-from-1-December-2019