Lodgment Rules, Administrative Review, Reform Projects Amy Stiles - - PowerPoint PPT Presentation

ORG Legislative Update Lodgment Rules, Administrative Review, Reform Projects

Amy Stiles

Acting Principal Lawyer 20 October 2018

Legislative Update

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The Office of the Registrar General: structure and functions Lodgment Rules: new requirements for preparation of plans and dealings Administrative Review Process: ORG can review certain decisions of LPI Policy Role: strata reform overview and upcoming projects

NSW has introduced a new regulator operator model to drive an efficient, digital and customer focused land title system

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Office of the Registrar General

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Lawyer, Litigation x 2 Senior Lawyer, Litigation Principal Lawyer, Litigation Principal Lawyer, Policy x 2 Manager Contractor Performance Legal Assistant Contract Coordinator Registrar General Director, eConveyancing Director Contracts and Regulation Contract Manager Senior Lawyer, eConveyancing Lawyer, Policy x 2 Director Cadastral Integrity Audit Surveyor Surveyor x 2 Graduate Surveyor Director, Litigation & Policy Correspondence & Communications Advisor Manager Executive Communications Executive Assistant Senior Lawyer, Policy x2

ORG is a regulator, advisor and litigator, working to ensure the integrity of NSW’s land title system

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ORG is a regulator, advisor and litigator, working to ensure the integrity of NSW’s land title system

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Provide information and advice on land boundaries, perform audits and the resolution of related disputes To fully realise the benefits

• f eConveyancing by

phasing out paper in three years To ensure the operator fulfils its responsibilities To keep relevant legislation modern and fair

Cadastral Integrity team’s responsibilities

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Resolve boundary disputes on behalf of the Registrar General.

• About 15 boundary disputes a year are

received and determined.

• ORG makes decisions on boundaries.

Our decisions can be appealed.

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Manage the survey audit program

• Audit registered deposited plans to

monitors standards of the profession

• Oversee ARI to ensure the integrity
• f the cadastre.

Conduct examination surveys

• Resolve historical anomalies in

the cadastral system

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Lodgment Rules

Heirarchy of rules governing preparation and lodgment of plans and dealings

8 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

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Lodgment Rules affecting preparation of Plans

Lodgment Rules commenced on 19 May 2017

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

Section 12F Real Property Act 1900

Procedural and operational provisions from:

a Conveyancing (General) Regulation 2013 a Real Property Regulation 2014 a Strata Schemes Development Regulation 2016

Lodgment Rules Version 1.0

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

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Lodgment Rules Version 1.0 make no substantial change to practice

14 LODGMENT RULE SUBJECT MATTER REGULATION Rule 4 The General Register of Deeds Conveyancing (General) Regulation 2013 Rule 5 Requirements for dealings, caveats and instruments lodged in paper form in the Torrens Register Real Property Regulation 2014 Rule 6 Requirements for plans annexed to dealings or caveats lodged in the Torrens Register Real Property Regulation 2014 Rule 7 Requirements for deposited plans lodged under the Conveyancing Act 1919 Conveyancing (General) Regulation 2013 Rule 8 Requirements for strata plans Strata Schemes Development Regulation 2016 Rule 9 Searches Real Property Regulation 2014 and Conveyancing (General) Regulation 2013

Lodgment Rules summary

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New requirements started

• n 19 May 2017

Plans will be rejected if they don’t comply No substantial change to practice in Version 1.0 Updated by LPI, with ORG vetting changes Changes must be published at least 20 days before commencement Keep up to date with changes! Subscribe to email updates from the ORG

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Administrative Review Process

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A new interactive web form and

• nline payment

system will be available soon

Review Process

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LPI Internal Review

• Applicant has requested internal review of the decision by LPI; and
• 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
• 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
• 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

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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

• f the Application.

A review may be declined if:

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Policy and Reform: Strata and future projects

New Strata Legislation from 30 November 2016

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Strata Schemes Management Act 2015

• By-laws
• Common Property

Memorandum

• Building defects bond

(commences 1 January 2018)

Strata Schemes Development Act 2015

• Strata Renewal Process
• Schedule of Unit

Entitlement

• Strata Plan of Consolidation
• Part Strata - strata

management statements

By-Laws and Common Property Memorandum

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• Must not be unjust, harsh, or
• ppressive
• All by-laws to be reviewed within 12

months

• Exclusive use by-law now Common

Property Rights By-Law

• New model by-laws in the Regulations:
• Encouraging pet friendly schemes
• Smoke drift defined as a nuisance
• Consolidation of By-laws
• Prescribed by Regulations
• Can be adopted by by-laws
• Specify who is responsible for

maintenance

• By-laws prevail

By-laws Common Property Memorandum

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Common Property Memorandum

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Common Property Memorandum available at http://www.fairtrading.nsw.gov.au/

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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
• new model by-laws for residential

schemes

• options relating to animals/smoke

penetration to be selected

Schedule of Unit Entitlements

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• Based on market

value of the lots – not developer’s estimate

• Certified by a qualified

valuer

• Valuers Registration

Act repealed from 1 March 2016 – new definition of ‘qualified valuer’

SP FORM 3.07 (UE) STRATA PLAN ADMINISTRATION SHEET

Sheet of sheet(s)

Office Use Only

Registered: Purpose:

Office Use Only

VALUER’S CERTIFICATE I, ............................................................................................................................. being a qualified valuer, as defined in the Strata Schemes Development Act 2016, certify that the unit entitlements shown in the schedule herewith are apportioned in accordance with Schedule 2 Strata Schemes Development Act 2015 Signature: ................................................... Date .................................................

PROPOSED SCHEDULE OF UNIT ENTITLEMENT

“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
• r her occupation as a valuer, or
• member of the Royal Institution of Chartered Surveyors as a chartered valuer

Strata Schemes Development Act 2015 Part 10 - Strata Renewal Process

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Protections for dissenting

• wners:

▪ transparent information to

• wners

▪ ‘Just Terms' compensation ▪ Plan must be ‘just and equitable’ ▪ final approval of the Land and Environment Court.

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More information and support

More information and support

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a Visit the ORG website

www.registrargeneral.nsw.gov.au

a Email ORG

ORG.Admin@finance.nsw.gov.au

a Subscribe to ORG emails

Subscribe to the Office of the Registrar General emails

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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

Subscribe to the Office of the Registrar General emails

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Thank you & Questions