Conveyancing (Sale of Land) Amendment (Occupation Certificate) Regulation 2003

Similar documents
CONVEYANCING (Sale of Land) Amendment (Vendor Warranty) Regulation 1998

Information contained

Strata Plan Fast Facts

Information contained

WARNING SWIMMING POOLS

Environmental Planning and Assessment Act 1979

Supplement No. 13 published with Extraordinary Gazette No. 81dated 24 th October, 2018.

applicant's behalf) all correspondence, including the decision letter, will be sent to him/her.

Contract for the sale and purchase of land edition TERM MEANING OF TERM NSW Duty: vendor s agent Celestino Realty Pty Limited ACN

Contract for the sale of land 2005 edition MEANING OF TERM Vendor s agent David Murphy Real Estate Phone:

Issues Arising in Mixed-Use Developments

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. An Introduction to Leasehold Conveyancing

date for completion 42nd day after the contract date (clause 15) land (address, plan details and title reference)

Retail Leases Amendment Act 2005 No 90

CONTRACT FOR THE SALE OF LAND RESIDENTIAL PROPERTY

Commencement 2. This Regulation commences on 30th March, 1992.

Contract for the sale of land 2005 edition MEANING OF TERM. Vendor s agent. Vendor s Solicitor Fax. Folio Identifier

DUBLIN SOLICITORS CPD 26 TH March 2015 THE LAND AND CONVEYANCING LAW REFROM ACT 2009 IMPACT FOR CONVEYANCING PRACTITIONERS

State Environmental Planning Policy (Major Development) Amendment (Huntlee New Town Site) 2015

SELLER'S PROPERTY INFORMATION FORM (4th edition)

STEP Land Registration Rules 2012 and Transmissions on Death, Trusts in Land and Prescriptive Easements

Making Land Work: Easements, Covenants and Profits à Prendre Executive Summary

Contract for the sale of land 2005 edition MEANING OF TERM Professionals Narellan & District

Contract for the sale and purchase of land 2016 edition TERM MEANING OF TERM NSW Duty: vendor s agent

Shellharbour City Council Shell Cove Contract for Sale of Land

Standard for the acquisition of land under the Public Works Act 1981 LINZS15005

A real estate agent is permitted by legislation to fill up the items in this box in a sale of residential property. other:

Strata Titles Act Reform Consultation Summary

Small Self Administered Scheme. Property Notes

Information contained

Electronic Land Title Plan and Plan Application Requirements

Carbon Rights Act 2003

The System of Land Registration and Third Party Rights

DEED OF SETTLEMENT SCHEDULE: LEGISLATIVE MATTERS

CONVEYANCING LECTURE ON 19 JUNE 2006

Information contained

AGREEMENT OF SALE OF IMMOVABLE PROPERTY BY PUBLIC AUCTION

Certificate of Title. Lender's reference (from letter of instruction) The Borrower(s)

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

RURAL CONVEYANCING CHECK LIST (at time of advising on the Contract with the client)

IMMOVABLE PROPERTY (SPECIFIC PERFORMANCE) ORDINANCE 2012

BIDDER REGISTRATION FORM

Subdivision Bill TABLE OF PROVISIONS. No. PART I-PRELIMINARY

THE LAW SOCIETY OF THE AUSTRALIAN CAPITAL TERRITORY. Contract for Sale SCHEDULE

Off-the-plan contracts for residential property. Submission of the Law Society of New South Wales

Reference: SO/SRR/DW Approved: 4/4/17. Shared Ownership Staircasing Reverse Staircasing, and Remortgaging. Author: Deborah White Approved by:

The Party Wall etc. Act 1996

Review of Strata Legislation in NSW. Submission by the. Owners Corporation Network of Australia Limited. Part 3. OCN Strata Renewal Model.

DECISION OF THE TRIBUNAL

BILL, No., A BILL FOR!,

Proposed Changes to Strata Schemes (Leasehold Development) Act 1986 No 219 and the Strata Schemes (Freehold Development) Act 1973 No 68

Statement Of Critical Dates Delayed Closing Warranty

THE CITY OF LONDON LAW SOCIETY LAND LAW COMMITTEE CERTIFICATE OF TITLE (Seventh Edition 2016 Update) WRAPPER FOR REPORT ON TITLE AND NOTES TO USERS

Leasehold information form

Our fees for residential conveyancing

2018 Bill 208. Fourth Session, 29th Legislature, 67 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 208

EXCLUSIVE ESTATE AGENCY AGREEMENT FOR THE LEASE OF RESIDENTIAL PROPERTY BY A LANDLORD * (1) ORIGINAL/ (2) RENEWAL OF AGREEMENT

Occupation certificates and PCA closure of files

Native Title Explained

Strata Law and Management for Sustainability. Barrister, Commercial & Strata Law. Law &

ELECTRONIC DEEDS REGISTRATION SYSTEMS BILL

Chapter D1 LEASEHOLD

Co-operative Housing Tenure Bill

THE LAW SOCIETY OF THE AUSTRALIAN CAPITAL TERRITORY Contract for Sale. Vacant possession. As disclosed in the Required Documents and

Acceptable Tenancies for Buy To Let Mortgages

NZQA registered unit standard version 4 Page 1 of 6

CONDOMINIUM PROPERTY REGULATION

Other names you are, or have been known by (if any, including maiden name): Mobile No: Telephone No: Facsimile No:

JOINT FORM OF GENERAL CONDITIONS FOR THE SALE OF LAND

PROPERTY REPORT 1-14/18 Duke Street, St Kilda

DEED OF SETTLEMENT SCHEDULE: PROPERTY REDRESS

2012 No LAND REGISTRATION, ENGLAND AND WALES. The Land Registration Fee Order 2012

Section 28 - a seminar for the uninitiated and a refresher for others

EXPLANATORY MEMORANDUM TO THE HOUSING (SERVICE CHARGE LOANS) (AMENDMENT) (WALES) REGULATIONS 2011 SI 2011 No.

Strata Titles Act Reform. Sean Macfarlane, Senior Lawyer, Landgate

Property Notes. Self Invested Personal Pension

THE UNIVERSITY OF NEW SOUTH WALES FACULTY OF LAW CONTINUING LEGAL EDUCATION

Annex A STRATA TITLE LAW DIFC LAW NO. 5 OF Amended and Restated

CLUSTER TITLES BILL.

19 September Tackling unfair practices in the leasehold market. Introduction

SERVITUDES OVER IMMOVABLE PROPERTY AND THEIR IMPLICATIONS

Letting out your property

Property Interest Report

FOR SALE Bristol CONSENTED EMPLOYMENT SITE. Severn Road/ Church Road Pilning Avonmouth Bristol BS35 4PW. 3.9 acres - (1.58 ha)

Auction Legal Pack Relating To 43 Grantley Street, Grantham, Lincolnshire NG31 6BW

ASSETS OF COMMUNITY VALUE. John Male QC and Thomas Jefferies. Community right to bid (assets of community value)

SHALE GAS. April 2013

LEGISLATION UPDATE TONY CAHILL AUSTRALIAN INSTITUTE OF CONVEYANCERS (NSW DIVISION) 2017 EDUCATION PROGRAM 20 FEBRUARY, 2017 SMC FUNCTION CENTRE

By-laws/ Old and New Law Comparison

Online Bidding Terms & Conditions

Statement Of Critical Dates Delayed Closing Warranty

NFoPP QCF Level 3 Technical Award in Residential Letting and Property Management (England and Wales)

Bulletin No September 1, 2011

GLOSSARY. Auction A public sale of property in which the highest bidder is normally the successful buyer.

HOMELEIGH SPETCHLEY WORCESTER WR5 1RU

LAW COMMISSION FIRST PROGRAMME ITEM VI1 LIABILITY OF TRADE VENDORS OF NEW DWELLING HOUSES TO FIRST AND SUBSEQUENT PURCHASERS

CONTRACT OF PURCHASE AND SALE ADDENDUM

REPORTS ON TITLE. 2. Meet with the clients, in advance of the closing, to show them the title, explain the title to them;

THE HONG KONG HOUSING AUTHORITY. Memorandum for the Home Ownership Committee

Contract For Houses and Residential Land Eighth Edition

Transcription:

New South Wales Conveyancing (Sale of Land) Amendment (Occupation Certificate) under the Conveyancing Act 1919 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Conveyancing Act 1919. ANTHONY BERNARD KELLY, M.L.C., Minister Assisting the Minister for Natural Resources (Lands) Explanatory note The Building Legislation Amendment (Quality of Construction) Act 2002 includes an amendment to the Conveyancing (Sale of Land) Regulation 2000 so as to imply into contracts for the sale of land certain terms regarding the provision of an occupation certificate. The object of this Regulation is to amend the Conveyancing (Sale of Land) Regulation 2000 so that the terms so implied provide that the vendor is required to serve an occupation certificate and that the purchaser is not required to complete without such service, that an occupation certificate can be served in respect of part of a building in the case of a strata unit and that a copy of the certificate can be served instead of the original. This Regulation is made under the Conveyancing Act 1919, including sections 52A and 202 (the general regulation-making power). Published in Gazette No 104 of 27 June 2003, page 6016 Page 1

Clause 1 Conveyancing (Sale of Land) Amendment (Occupation Certificate) Conveyancing (Sale of Land) Amendment (Occupation Certificate) under the Conveyancing Act 1919 1 Name of Regulation This Regulation is the Conveyancing (Sale of Land) Amendment (Occupation Certificate). 2 Commencement This Regulation commences immediately after the commencement of Schedule 3 to the Building Legislation Amendment (Quality of Construction) Act 2002. 3 Amendment of Conveyancing (Sale of Land) Regulation 2000 The Conveyancing (Sale of Land) Regulation 2000 is amended as set out in Schedule 1. Page 2

Conveyancing (Sale of Land) Amendment (Occupation Certificate) 2003 No 382 Amendments Schedule 1 Schedule 1 Amendments [1] Clause 6 Omit the clause. Insert instead: (Clause 3) 6 Implied term all contracts For the purposes of section 52A (2) (b) of the Act, the term set out in clause 1 of Schedule 2 is prescribed for a contract for thesaleofland. 6A Implied term strata units bought off the plan (1) For the purposes of section 52A (2) (b) of the Act, the term set out in clause 2 of Schedule 2 is prescribed for a contract for thesaleoflandif: (a) the contract is a contract for the sale of a lot in a strata plan or a proposed strata plan within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, and (b) the contract is entered into before the date of registration of the strata plan, or within 12 months after that date, and (c) an occupation certificate within the meaning of the Environmental Planning and Assessment Act 1979 is required under section 109M of that Act before occupation or use of the building, or part of the building, of which the lot and access to the lot form part, may commence, and (d) the contract does not expressly provide that the vendor and the purchaser agree that: (i) an occupation certificate in relation to the building, or part of the building, of which the lot and access to the lot form part, will not be issued before completion, and (ii) occupation or use of the lot will not commence before the occupation certificate is issued. Note. Under section 109M of the Environmental Planning and Assessment Act 1979, an occupation certificate is not required for any lot that forms part of development carried out by or on behalf of the Crown. Page 3

Conveyancing (Sale of Land) Amendment (Occupation Certificate) Schedule 1 Amendments 6B [2] Schedule 2 (2) For the purposes of this clause, the part of a building comprising access to a lot is any part of the building reasonably necessary for access to the lot. Implied term land and house packages For the purposes of section 52A (2) (b) of the Act, the term set out in clause 3 of Schedule 2 is prescribed for a contract for thesaleoflandif: (a) the contract is a contract for the sale of a lot in a deposited plan, or in a proposed deposited plan, and (b) the contract provides for: (i) the erection by the vendor of a dwelling-house on the lot, or (ii) for the sale of a dwelling-house already erected on the lot, and (c) an occupation certificate within the meaning of the Environmental Planning and Assessment Act 1979 is required under section 109M of that Act before occupation or use of the dwelling-house may commence. Note. Under section 109M of the Environmental Planning and Assessment Act 1979, an occupation certificate is not required for any lot that forms part of development carried out by or on behalf of the Crown. Omit Schedule 2. Insert instead: Schedule 2 Prescribed terms (Clauses 6, 6A and 6B) 1 Objections and requisitions Nothing in this contract or any other agreement prevents the purchaser, expressly or by implication, from making any objection, requisition or claim that the purchaser would otherwise be entitled to make in respect of: (a) any encroachment onto any adjoining land by any building or structure on the land, other than a dividing fence as defined in the Dividing Fences Act 1991, or Page 4

Conveyancing (Sale of Land) Amendment (Occupation Certificate) 2003 No 382 Amendments Schedule 1 (b) any encroachment onto the land by any building or structure on any adjoining land, other than a dividing fence as defined in the Dividing Fences Act 1991, unless the encroachment is disclosed and clearly described in this contract and the contract contains an express term precluding the purchaser from making such an objection, requisition or claim. 2 Strata units bought off the plan (1) The vendor must serve at least 14 days before completion the original or a copy of an occupation certificate within the meaning of the Environmental Planning and Assessment Act 1979 (being an interim occupation certificate or a final occupation certificate) in relation to the building, or part of the building, of which the lot and access to the lot form part. (2) For the purposes of this clause, the part of a building comprising access to a lot is any part of the building reasonably necessary for access to the lot. (3) The purchaser does not have to complete earlier than 14 days after service of the original or copy certificate. 3 Land and house packages (1) The vendor must serve at least 14 days before completion the original or a copy of an occupation certificate within the meaning of the Environmental Planning and Assessment Act 1979 (being an interim occupation certificate or a final occupation certificate) in relation to the dwelling-house. (2) The purchaser does not have to complete earlier than 14 days after service of the original or copy certificate. BY AUTHORITY Page 5