ORG Legislative Update Lodgment Rules, Administrative Review, Reform Projects Amy Stiles Acting Principal Lawyer 20 October 2018
Legislative Update Lodgment Rules: The Office of the new requirements for Registrar General: preparation of plans structure and functions and dealings Administrative Review Policy Role: Process: strata reform overview ORG can review certain and upcoming projects decisions of LPI 1
NSW has introduced a new regulator operator model to drive an efficient, digital and customer focused land title system 2
Office of the Registrar General Registrar General Director, Director, Director Cadastral Director Contracts and Litigation & Policy eConveyancing Integrity Regulation Manager Principal Lawyer, Principal Lawyer, Contractor Policy x 2 Litigation Performance Senior Lawyer, Senior Lawyer, Policy x2 Litigation Lawyer, Litigation Senior Lawyer, Manager Executive Surveyor x 2 Contract Manager Lawyer, Policy x 2 x 2 eConveyancing Communications Correspondence & Contract Audit Surveyor Communications Coordinator Advisor Graduate Executive Legal Assistant Surveyor Assistant 3
ORG is a regulator, advisor and litigator, working to ensure the integrity of NSW’s land title system 4
ORG is a regulator, advisor and litigator, working to ensure the integrity of NSW’s land title system Provide information To fully realise the benefits To ensure the operator To keep relevant legislation and advice on land of eConveyancing by fulfils its responsibilities modern and fair boundaries, perform phasing out paper in three audits and the years resolution of related disputes 5
Cadastral Integrity team’s responsibilities 2 3 1 Resolve boundary disputes on behalf of Manage the survey audit program Conduct examination surveys the Registrar General. • • Audit registered deposited plans to Resolve historical anomalies in • About 15 boundary disputes a year are monitors standards of the profession the cadastral system received and determined. • Oversee ARI to ensure the integrity • ORG makes decisions on boundaries. of the cadastre. Our decisions can be appealed. 6
Lodgment Rules 7
Heirarchy of rules governing preparation and lodgment of plans and dealings Conveyancing Act 1919 Real Property Act 1900 Strata Schemes Development Act 2015 Community Land Development Act 2007 Conveyancing (General) Regulation 2003 Real Property Regulation 2014 Strata Schemes Development Regulation 2016 Community Land Development Regulation 2007 Version 1.0 Commenced 19 May 2017 8
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Lodgment Rules affecting preparation of Plans 11
Lodgment Rules commenced on 19 May 2017 Section 12F Real Property Act 1900 The Registrar-General may make rules (lodgment rules), not inconsistent with a relevant Act or Regulations, for provision of titling and registry services, including: • the preparation, form, and content of documents lodged for registration; • making an application for titling and registry services; • business operating hours Procedural and operational provisions from: a Conveyancing (General) Regulation 2013 Lodgment Rules Version 1.0 a Real Property Regulation 2014 a Strata Schemes Development Regulation 2016 No change has been made to the operational provisions in the Community Land Development Regulation 2007 . This will occur as later versions of the Lodgment Rules are published.
Plans and dealings must comply with Lodgment Rules 13
Lodgment Rules Version 1.0 make no substantial change to practice LODGMENT SUBJECT MATTER REGULATION RULE Conveyancing (General) Rule 4 The General Register of Deeds Regulation 2013 Requirements for dealings, caveats and Rule 5 instruments lodged in paper form in the Real Property Regulation 2014 Torrens Register Requirements for plans annexed to Rule 6 dealings or caveats lodged in the Torrens Real Property Regulation 2014 Register Requirements for deposited plans lodged Conveyancing (General) Rule 7 under the Conveyancing Act 1919 Regulation 2013 Strata Schemes Development Rule 8 Requirements for strata plans Regulation 2016 Real Property Regulation 2014 Rule 9 Searches and Conveyancing (General) Regulation 2013 14
Lodgment Rules summary New requirements started Updated by LPI, with ORG on 19 May 2017 vetting changes Plans will be rejected if Changes must be published at they don’t comply least 20 days before commencement No substantial change to Keep up to date with changes! practice in Version 1.0 Subscribe to email updates from the ORG 15
Administrative Review Process 16
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A new interactive web form and online payment system will be available soon 18
Review Process LPI Internal Review • Applicant has requested internal review of the decision by LPI; and 1 4 • LPI has notified applicant of outcome, or • LPI has not notified applicant of outcome within 21 days Administrative Review by Registrar General • Applicant must lodge application together with all supporting information 2 • Review will be finalised within 42 days (unless otherwise agreed) • LPI must give effect to any decision made by the Registrar General Supreme Court Review • After Administrative Review, Applicant can apply to Supreme Court • Court may reconsider and determine any question of fact involved in decision 3 • RG may only rely on grounds set out in Administrative Review Decision Section 122 Supreme Court Review does not apply to Boundary Determinations
ORG can decline to review a decision in some instances A review may be declined if: There has been no application to LPI for an internal review The decision is not one made by LPI in the exercise of a titling or registry function The Applicant fails to provide any information in support of the Application. 20
Policy and Reform: Strata and future projects 21
New Strata Legislation from 30 November 2016 Strata Schemes Strata Schemes Management Act Development Act 2015 2015 • By-laws • Strata Renewal Process • Schedule of Unit • Common Property Entitlement Memorandum • Strata Plan of Consolidation • Building defects bond • Part Strata - strata (commences 1 January management statements 2018) 22
By-Laws and Common Property Memorandum By-laws Common Property Memorandum • Prescribed by Regulations • Must not be unjust, harsh, or oppressive • Can be adopted by by-laws • All by-laws to be reviewed within 12 • Specify who is responsible for months maintenance • Exclusive use by-law now Common • By-laws prevail Property Rights By-Law • New model by-laws in the Regulations: o Encouraging pet friendly schemes o Smoke drift defined as a nuisance • Consolidation of By-laws 23
Common Property Memorandum 24
Common Property Memorandum available at http://www.fairtrading.nsw.gov.au/ 25
New Approved Forms and Strata Plan Administration Sheets • Freehold/Leasehold – (one Act) • New form of Surveyor’s Certificate • Separate Administration Sheets where Accredited Certifier/Local Council signing strata certificate (SP Form 3.02 for Council) • By-Laws o new model by-laws for residential schemes o options relating to animals/smoke penetration to be selected 26
Schedule of Unit Entitlements SP FORM 3.07 (UE) STRATA PLAN ADMINISTRATION SHEET Sheet of sheet(s) Office Use Only Office Use Only Registered: • Based on market Purpose: value of the lots – not developer’s estimate VALUER’S CERTIFICATE I, ............................................................................................................................. being a qualified • Certified by a qualified valuer, as defined in the Strata Schemes Development Act 2016 , certify that the unit entitlements valuer shown in the schedule herewith are apportioned in accordance with Schedule 2 Strata Schemes • Valuers Registration Development Act 2015 Act repealed from 1 Signature: ................................................... Date ................................................. March 2016 – new definition of ‘qualified PROPOSED SCHEDULE OF UNIT ENTITLEMENT valuer ’ “qualified valuer" means a person who is a: • member of Australian Valuers Institute (other than associate or student membership), or • member of Australian Property Institute (other than student or provisional membership), acquired in connection with his or her occupation as a valuer, or • member of the Royal Institution of Chartered Surveyors as a chartered valuer 27
Strata Schemes Development Act 2015 Part 10 - Strata Renewal Process Protections for dissenting owners: ▪ transparent information to owners ‘Just Terms' compensation ▪ ▪ Plan must be ‘just and equitable’ ▪ final approval of the Land and Environment Court. 28
More information and support 29
More information and support a Visit the ORG website www.registrargeneral.nsw.gov.au a Email ORG ORG.Admin@finance.nsw.gov.au a Subscribe to ORG emails 30
Subscribe to the Office of the Registrar General emails 1. Go the Contact us page of the ORG website and click on the blue Subscribe button. http://www.registrargeneral.nsw.gov.au/contact-us Click Subscribe 31
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