Sign up with Google
Sign in with Zoho
A new subdivision can look simple on paper, until easements, access and land restrictions enter the picture. An 88B Instrument is one of the documents that can become important when these arrangements need to be formally recorded as part of a subdivision. With NSW working towards 377,000 new homes by June 2029, subdivision and land development remain important parts of the state's housing pipeline. Developers who are working with surveyors in Sydney often find an 88B Instrument useful to avoid confusion later. In this guide, we explain what to know before moving ahead.
When Might a Sydney Property Development Need an 88B Instrument?
You will feel the need for an 88B Instrument when a subdivision needs new legal interests to be recorded alongside the plan. The exact requirements depend on what is being created or changed on the land.
When Subdividing Land
An 88B Instrument can accompany a deposited plan when a subdivision creates new easements, restrictions, or positive covenants. It helps set out these interests as part of the registration process.
When Easements Are Required
A development may need an easement for access, drainage, services, or other practical purposes. The relevant easement needs to be properly identified on the plan and addressed in the 88B Instrument.
When Land Use Needs Restrictions
Some developments also involve restrictions on how a lot can be used or positive covenants that need to be recorded. These can form part of the interests created through an 88B Instrument.
When Existing Interests Need Attention
Before you proceed with other things, checking existing titles, easements and restrictions is of utmost importance. This helps ensure the proposed subdivision and accompanying documents exhibit the land arrangements accurately.
How Can Surveyors Help With an 88B Instrument?
Surveyors can help connect the survey work with the details that need to appear on the plan and 88B Instrument. Their role is particularly useful when easements or other interests are being created through subdivision.
● Check the land and boundaries: A surveyor can assess the property and make sure the proposed arrangements relate properly to the surveyed land.
● Define easement locations: Where an easement is required, the plan needs enough information to clearly identify its location and extent.
● Coordinate the documents: Details such as easement identities and descriptions need to agree between the plan, administration sheet and 88B Instrument.
● Support subdivision work: Surveyors can prepare the relevant survey plans so that the proposed interests are properly represented.
● Work with other professionals: Depending on the development, surveyors may accompany lawyers, conveyancers and other project professionals when the documentation is prepared.
Conclusion
An 88B Instrument can form an important part of the subdivision process when easements, restrictions, or positive covenants need to be created or recorded. Getting the plan and instrument aligned is essential before lodgment. Hence, adequate preparation can help keep the development process clearer so that avoidable issues can be entirely prevented.
