NSW planning resource · from $35

NSW Title Search Service

Certificate of Title, Plan of Subdivision and 88B Instrument bundles for NSW DAs and pre-purchase due diligence. From $35.

DA applicants, pre-purchase buyers, conveyancers and developers running due diligence on NSW residential and commercial properties.

Why a NSW title search isn't just one document

In NSW, a 'title search' done properly is actually a bundle. The Certificate of Title shows ownership and lists registered dealings. The Plan of Subdivision shows the lot's boundaries and original easements. The 88B Instrument — created under Section 88B of the Conveyancing Act 1919 — contains the actual restrictions on use, easements and positive covenants attached to the lot. Most NSW lots were created by a subdivision registered after 1961, which means a 88B Instrument exists for most of them. A 'title search' that only retrieves the Certificate is incomplete for almost any planning purpose.

The Full Planning Pack at $105 bundles all three: Title + Plan + 88B. That's what most NSW councils expect to see lodged with a DA, and it's the minimum standard for serious pre-purchase due diligence.

When you need each document

Different documents serve different purposes. The right pack depends on what you're trying to do.

  • Certificate of Title alone ($35) — when all you need is to confirm the registered owner
  • Title + Plan ($70) — pre-purchase verification of lot boundaries, original easements and dedicated roads
  • Title + Plan + 88B ($105) — anyone preparing a DA, anyone running serious pre-purchase due diligence on potential development sites
  • Add additional dealings ($40 each) — 88E covenants, registered mortgages, leases, tree preservation orders
  • Add the AI Restrictions Review (+$30) — plain-English read of every restriction in the 88B with development implications spelt out

What 88B Instruments typically contain

88B Instruments are the dumping ground for everything the original subdivision developer wanted to lock in: building covenants, materials restrictions, dwelling-count limits, easements, positive covenants. Some are short and benign. Others are deal-breakers.

Common entries: 'No more than one dwelling shall be erected on each lot' (kills granny flats and dual occupancies). 'Materials shall be brick or stone only' (kills any modern lightweight design). 'A drainage easement 3 metres wide across the rear of the lot' (kills any rear-yard pool or extension over the easement). 'The owner shall maintain in perpetuity the on-site stormwater detention basin' (positive covenant — affects design and maintenance).

Reading a 88B properly takes training. Real examples include 50+ lines of conveyancing legalese covering multiple lots, multiple restrictions, multiple beneficiaries. The AI Restrictions Review converts that into plain English: which restrictions block what, which easements affect the developable area, which positive covenants impose ongoing costs.

Why we cost less than landtitles.com.au

Same documents sourced from the same NSW Land Registry Services. We charge $35 for a Title Search vs $38.44 on landtitles.com.au, $40 vs $46.40 for a Plan, $40 vs $45.19 for a Dealing. Bundles save $5-$10 on top. The differentiator is the AI Restrictions Review at +$30 — a value-add unique to townplanning.com.au.

The legal framework

NSW title and DA documentation requirements sit across several statutes:

Conveyancing Act 1919 s 88B

The instrument creating restrictions, easements and positive covenants when a Plan of Subdivision is registered. The 88B is recorded against every lot and runs with the land.

Conveyancing Act 1919 s 88E

Positive covenants in favour of public authorities (council, state agencies, Sydney Water). Often imposed as a DA condition.

Conveyancing Act 1919 s 89

Application to the Supreme Court to modify or extinguish a restriction on use. The mechanism for unlocking a covenant — slow and costly.

Real Property Act 1900

The Torrens title system in NSW. Provides the framework for the Certificate of Title.

EP&A Regulation 2021

DA documentation requirements. Schedule 1 lists what must accompany a DA — including documents demonstrating the applicant's interest in the land (typically a current title search).

Frequently asked questions

Does the 88B Instrument have to be submitted with a NSW DA?
Almost always yes — and even when it's not strictly mandatory, it's the safe move. The 88B must be submitted whenever: the proposed development might breach a registered restriction; easements registered on the 88B affect the developable area; positive covenants impose ongoing maintenance obligations; the SEE references the 88B; or it's a subdivision or modification to an existing subdivision. Most council DCPs explicitly require it as part of standard DA submission. A title search without the 88B is incomplete for planning purposes.
Why pay extra for the 88B vs just getting the Title?
The Certificate of Title shows you who owns the land and lists registered dealings. It does NOT contain the actual restrictions, easements and covenants — those are in the 88B Instrument document, which is referenced on the title but separate. The 88B is where you find out whether the lot can have a granny flat, whether you can build over the rear easement, and whether the previous owner agreed to a 'maintain stormwater detention forever' positive covenant.
What if my title shows a restriction I don't agree with?
Restrictions can sometimes be modified or extinguished via Section 89 of the Conveyancing Act 1919 — an application to the Supreme Court. It's slow ($10k+ in legal fees) and uncertain. Get legal advice from a planning solicitor or conveyancer.
How current does the title search need to be for a DA?
Most NSW councils accept a title search up to 3 months old; some require it within 28 days of lodgement. Check your council's lodgement requirements. Our Title Search is current at the date we run it; we include the search date on the cover.
What's the AI Restrictions Review and is it worth +$30?
Real NSW 88B Instruments are written in conveyancing legalese: 'The registered proprietor for the time being of the said lot shall not erect or permit to be erected upon the said lot any dwelling house other than a single dwelling-house...'. The AI Restrictions Review reads every restriction, easement and covenant in your 88B and translates each one into plain English with development implications spelled out — e.g. 'this title prohibits a second dwelling, so granny flats / dual occupancies / apartments are not legally available without a Section 89 application'.
Can I order more than one dealing in a single search?
Yes. Each additional registered dealing (88E covenant, mortgage, lease, caveat, recent registered dealings) is $40. We bundle them with the Full Planning Pack at delivery.
Why is a title search not enough for pre-purchase due diligence?
The Certificate of Title is a weak pre-purchase check. It tells you who owns the land but not what restrictions apply. The 88B is where you find out whether you can do what you're planning. Add the AI Restrictions Review for a plain-English read in 24-48 hours — total cost $135 for the Full Planning Pack + Review.
What turnaround should I expect?
Typical turnaround is 24-48 hours from order to delivery. Documents are sourced manually from NSW Land Registry Services. Rush-delivery options are available on request.
Can you give me legal advice on what a covenant means?
No — only a conveyancer or solicitor can give legal advice. Our AI Restrictions Review provides a 'general planning interpretation' as a starting point, with a clear disclaimer pointing to legal review for any deal-breaker covenants. For complex 88Bs, engage a conveyancer or planning solicitor.

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