88B Instrument for Planning and Development Applications

Development of property in NSW entails a lot of paperwork, but not all of it holds the same legal significance. While some papers just serve the purpose of recording information, others determine how land will be used for many years to come. A Section 88B Instrument falls firmly in the second category. If you are planning a subdivision or development application in Sydney, knowing what a Section 88B Instrument is can protect you from expensive future surprises.

At Geo Point Surveyors, we prepare Section 88B Instruments as part of our subdivision and easement services in Sydney. This is what you should know about this legal instrument.

1. What Does a Section 88B Instrument Actually Do?

The Section 88B instrument is applied to the deposited plan where the land is subdivided or developed. The instrument becomes an integral part of the land title after its registration. In this way, the instrument can:

• Create drainage, access and utility easements.
• Place restrictions on use of the land.
• Establish positive covenants for maintenance of specific infrastructure.
• Release easements where they are no longer needed.

The conditions described above will bind the land, not the individuals who own it at the moment. Thus, any future owner of the lot in question has to adhere to those rights and obligations.

2.  When Is it Required?

Our Surveyors prepare Section 88B instruments under a variety of circumstances. You usually require such an instrument when:

• Land is divided into two or more lots.
• Shared driveway and access are established between lots.
• Drainage and stormwater corridors are established across the properties.
• Utility infrastructure access for power, water, and telecommunications companies is established.
• Council requirements associated with your Development Application are met.

Many subdivision plans cannot be registered with the NSW Land Registry Services without an 88B instrument in place.

3. Common Types of Easements in a Section 88B Instrument

The common types of easements that our Surveyors include in an 88B Instrument are:

• Right of Carriageway - shared driveway or road access between two properties.
• Drainage Easement - enables stormwater systems to flow through a property.
• Utility Easement - covers electricity, water or telecommunications infrastructure.
• Access Easement - enables access for servicing and maintenance purposes.

All easements have specific measurements to avoid any confusion later on when it comes to future owners or council.

4.  Accuracy Matters: Why?

When an 88B Instrument is not accurately prepared, legal issues may arise years down the track after the development occurred, such as during the sale or when another building work begins. Legal issues may arise due to improper dimensions of easements, missing covenants or lack of documentation that corresponds to the deposited plan.

All instruments at Geo Point Surveyors are prepared by our registered Surveyors with all technical precision and complete compliance with NSW Land Registry requirements.

Work with Geo Point Surveyors

We do everything, from finding the easements and restrictions required by your development, to creating and lodging the instrument together with your deposited plan.

Get in touch with us today for professional preparation of a Section 88B Instrument in Sydney.