Understanding Deposited Plans, Plan Types, and the Difference Between Deposited and Strata Plans

Understanding Deposited Plans (DP)

What is a Deposited Plan Meaning?

A Deposited Plan (DP) is an official document used to define the legal boundaries of a parcel of land. It provides detailed information about the dimensions and features of the land, including any easements or resumptions that may affect it. Deposited plans are commonly used in property transactions and land management to ensure that all parties have a clear understanding of the exact boundaries and features of a property.

Key Features of a Deposited Plan

1. Subdivision Details: Deposited plans often depict subdivisions, showing how a parcel of land is divided into smaller lots. This is crucial for legal documentation when selling, buying, or developing land.
2. Boundary Information: Each boundary’s full dimensions are specified, including details such as the nature of the boundary (e.g., fences, roads, buildings, walls). This helps in identifying the precise limits of the property.
3. Survey Marks: The plan includes the positions of all survey marks, which are physical markers placed on the ground to indicate boundary corners or line points. These are essential for accurately fixing boundary positions.
4. Easements and Resumptions: Any rights or restrictions on the land, such as easements (rights for utility companies to run lines through the property) or resumptions (government acquisition of part of the land), are recorded on the deposited plan.

When Do You Need a Deposited Plan?

Deposited plans are required in various situations, particularly in Australia:

• Selling or Buying Property: A DP provides legal clarity about the property’s boundaries, which is essential during property transactions.
• Subdividing Land: When creating a new land parcel or altering existing boundaries, a DP is necessary to legally define the new subdivisions.
• Renovations and Construction: For significant renovations or construction, especially when erecting new structures, a DP ensures that new boundaries or easements are properly documented.
• Boundary Disputes: In case of disputes over property boundaries, a DP can provide definitive legal evidence of the exact boundary locations.

Preparing and Lodging a Deposited Plan

A deposited plan must be prepared by a registered surveyor, who is responsible for accurately measuring and recording the details of the land parcel. Once the plan is prepared, it must be lodged with the appropriate Land Registry Service. This process ensures that the plan is legally recognized and can be used as a reference in any legal or property-related matters.

Plan Types for Land Titles in New South Wales

In New South Wales (NSW), Australia, land titles are based on detailed plans of survey that define the boundaries of land parcels and establish their legal identity at the date of registration. These plans must be prepared, lodged, and registered with NSW Land Registry Services (NSW LRS) for various legal and administrative purposes. The main types of land plans include Deposited Plans, Strata Plans, and Community Plans.

Deposited Plans

Deposited Plans are the most common type of land plan in NSW, typically used to depict the subdivision of a parcel of land. They provide detailed boundary information and are essential for the creation of new land parcels or dealing with existing ones for specific purposes, such as establishing easements or leases.

Since the inception of the Real Property Act on January 1, 1863, and the commencement of the Conveyancing Act and Part XII of the Local Government Act on July 1, 1920, property owners have been required to lodge a plan prepared by a registered surveyor when creating a new land parcel. The Registrar General’s Guidelines for Deposited Plans provide practical assistance for preparing these plans for lodgment with NSW LRS.

Strata Plans

Strata Plans are used to divide a parcel of land into individually owned lots and common property within a strata scheme. This type of plan is commonly associated with multiple occupancy buildings, such as apartment complexes or townhouse developments. In a strata scheme:

• Strata Lots: These are the individual units or townhouses owned by property owners, who may be individuals, families, or companies. Ownership can be freehold or leasehold.
• Common Property: Includes areas shared by all lot owners, such as hallways, gardens, driveways, recreational areas, structural elements (e.g., walls, floors, roofs), and other shared facilities. The Owners Corporation manages the common property on behalf of all lot owners.

Strata plans allow for the creation and management of strata schemes, which can include various types of developments like retirement villages, rural projects, or other multi-dwelling setups. Registration of a strata plan results in the creation of the strata scheme and the issuance of titles under strata scheme legislation.

Community Plans

Community Plans are designed for the development of planned communities, which include shared property and facilities. These plans divide land into a community property lot and two or more community development lots, in accordance with the Community Land Development Act 1989. Community plans are a hybrid between conventional subdivision methods and strata subdivision, providing for shared use of common facilities and properties within a community.

Community title arrangements allow for:

• Diverse Development Projects: Ranging from small clusters of houses around common spaces to large communities with shared roadways and facilities, which can be commercial, sporting, or agricultural.
• Planned Communities: Where some land use is shared, providing an effective means for medium-density housing developments and large-scale resort projects.
• Association-Owned Common Areas: Known as ‘Association Property,’ these areas are managed by a community association and may include amenities like parks, recreational facilities, or communal areas.
• Flexible Management: Community schemes can be tailored to specific themes or separate areas for different uses, such as residential, commercial, recreational, or industrial.

Understanding the Difference Between a Deposited Plan and a Strata Plan

In New South Wales (NSW), the distinction between a deposited plan and a strata plan is fundamental to property ownership and management. These two types of land titles serve different purposes and define property boundaries and ownership in unique ways. Understanding these differences is crucial for property owners, developers, and buyers.

Key Differences

1. Purpose and Application:
   • Deposited Plans: Primarily used for creating new land parcels or defining existing parcels for specific uses. They are concerned with the physical boundaries and legal identity of land.
   • Strata Plans: Specifically for properties with multiple units and shared common areas, focusing on the legal structure of ownership and management within a development.
2. Ownership Structure:
   • Deposited Plans: Define individual land parcels that can be owned outright, with each parcel having a separate title.
   • Strata Plans: Define individual units within a building or development, with shared ownership of common property and facilities.
3. Management and Maintenance:
   • Deposited Plans: Typically, individual owners are responsible for the maintenance and management of their own parcels.
   • Strata Plans: The Owners Corporation is responsible for the maintenance and management of common property and shared facilities.

Conclusion

Deposited plans and strata plans are both essential components of land titling in NSW, each serving distinct purposes. Deposited plans focus on defining and subdividing land parcels, while strata plans address the complexities of multi-unit developments with shared ownership and management responsibilities. Understanding these differences is crucial for navigating property ownership, development, and investment in NSW.