16 June 2020

Changes to Dealings With Survey Plans & the Introduction of eLodgement of Survey Plans

Kerri Balaba
Kerri Balaba Property Lawyer

In recent months, the Titles Registry has introduced new processes for survey plans and related approval and consent forms, which aim to “facilitate electronic approvals and simplified and automated workflows”.[1]

Electronic Lodgement (eLodgement) of survey plans is now available to users who are subscribed to the eLodgement service and the new Titles Registry forms must be used.

Survey Plans for Community Title Schemes or Specified Act Developments are not yet able to be lodged electronically and must continue to be lodged in paper at the Titles Registry.

In this article, ‘Planning Body’ means the relevant local government or the Minister for Economic Development Queensland or the Coordinator-General, where applicable.

New Titles Registry Forms

The new Titles Registry forms which have been introduced are:

  1. Planning Body Approval – Form 18B;
  2. Registered Owner Consent – Form 18A;
  3. Plan Cover Sheet – Form 21Z.

These forms are described in more detail below and can be found on the Titles Registry website.

Prior to the new forms being introduced, a Planning Body was required to provide their “seal” or approval, and a Registered Owner was required to provide its consent, with a wet signature on the survey plan administration sheet (Form 21B version 1).

The new forms instead allow a Planning Body’s approval and a Registered Owner’s consent to be provided on a modified version of the Form 18 Consent.

Planning Body Approval (Form 18B)

If a survey plan requires Planning Body approval, that Planning Body can now give its approval to the image of a survey plan (for example, if the image was sent to the Planning Body via email) if that approval and transmission mechanism meets the Planning Body’s requirements and is authoritative. The Planning Body would need to identify which approval processes it will accept and communicate their requirements to any persons seeking their approval.

The Planning Body has the option to sign the Form 18B electronically, and electronically transmit it back to the surveyor, lawyer or developer as necessary. The Planning Body also has the option to “wet sign” the Form 18B based on an electronic copy of the survey plan.

Registered Owner Consent (Form 18A)

A Registered Owner can now provide their consent to a survey plan on a new Form 18A which can be signed either electronically or on paper.

Plan Cover Sheet (Form 21Z)

The Plan Cover Sheet has been updated and the new form must be used with both paper and electronic lodgement of survey plans. A Form 21Z must be used for all survey plans which are lodged for registration electronically.

Plan Administration Sheet (Form 21B version 2)

The Plan Administration Sheet (Form 21B) has been revised to remove the panel containing the registered owner’s consent and the planning body approval. Version 2 of the Form 21B is required when the new approval process is used.

Transition Period

The Titles Registry has advised that the pre-existing processes and forms in relation to Survey Plans will be accepted by the Titles Registry for at least the next six to twelve months.

The exception to this is the transition period for the Plan Cover Sheet – Form 21Z. The Form 21Z does not require a signature and the completion of this form is straightforward. Therefore, a short transition period of one month will apply.

Please contact Kerri Balaba if you would like to discuss how these changes impact you.

 

 


Individual liability limited by a scheme approved under professional standards legislation (personal injury work exempted).

[1] Titles Registry Alert 168 dated 24 April 2020.

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