Land Use Restrictions and Covenants Advice for Sydney Councils
Navigating land use restrictions and covenants can be complex, especially when dealing with council-imposed requirements and property development regulations. At Eleven Legal, our experienced property lawyers have experience with a breadth of Sydney Councils. As a result, we can provide expert advice and support on Positive Covenants, Restrictions on Use, and On-Site Stormwater Detention (OSD) compliance.
Whether you need help registering a covenant, securing council approvals, or resolving a dispute, we offer clear, practical legal guidance to protect your property interests and secure the best possible outcome.
Do you have a Development Application with Consent Conditions to obtain a Positive Covenant or a Restriction on the Use of Land? Specifically, do you need help with registration? Then read on….
Council Imposed Positive Covenants and Restrictions on the Use of the Land when developing
Each Council has a policy that deals with water management for developments. Consequently, you might need an ‘On-site Stormwater Detention’ (OSD) system to store stormwater runoff and minimise the chance of flooding. Storing the stormwater runoff temporarily will reduce the rate at which stormwater runoff flows onto other people’s properties or into the Council’s drainage system. Likewise, they may require other similar types of systems, including pump drainage systems or alterations to landform.
Where an OSD is required, a Positive Covenant and a Restriction on the Use of the Land are also required to be registered in favour of the Council on the property’s title. In order to comply with the development requirements and to satisfy the standards to obtain an Occupation Certificate, you will need to have the documents prepared and registered in the manner set out by Council.
What is a Positive Covenant?
A Positive Covenant imposes an obligation on the landowner to perform certain actions. For example, maintaining an On-Site Stormwater Detention (OSD) system or complying with specific building standards. Importantly, these obligations are often tied to Council regulations and must be registered correctly.
What is a Restriction on the Use of the Land?
A Restriction on the Use of Land limits or conditions on land use. The Restriction that must be registered in relation to the OSD ensures that the system is not altered in any manner, shape, or form.
How do I register a Positive Covenant and a Restriction on the Use of the Land for an OSD?
Where you are required to install an OSD or similar system, an application must be made to the Council. In that case, the team at Eleven Legal can help you check your consent conditions and assist you in preparing the documentation for your application. In conjunction with the legal documents needed to register the Positive Covenant and Restriction on the Use of the Land, most Councils will also need to organise the following:
- A Registered Engineer Certification by a suitably qualified Civil Engineer who has membership to Engineers Australia, National Engineers Register or Professionals Australia;
- A WAE (Works as Executed) by a registered Surveyor; and
- Photographic evidence of the OSD.
More information on Northern Beaches Council’s requirements can be found here.
Once the documentation is in order, it needs to be submitted to the Council for approval and then to the NSW Land Registry for lodgement. At Eleven Legal, we can lodge this document for registration for you.
Reach out to us if you are required to install an OSD or a similar system as part of your development and need help understanding the requirements you must meet. Or, if you are applying for the registration of any dealings on the title of your property, the team at Eleven Legal can help. Contact us today!
How We Can Help
Our lawyers provide a full range of legal services related to restrictions and covenants, including:
Advice and Contract Review
- Reviewing and explaining the terms of Positive Covenants and Restrictions on Use
- Ensuring compliance with council-imposed obligations
- Advising on the legal implications of existing covenants
Documentation and Registration
- Preparing and lodging Positive Covenants and Restrictions with the NSW Land Registry
- Managing council approvals and ensuring correct documentation
- Handling all necessary submissions and follow-ups with local authorities
Council Approvals and Compliance
- Advising on council requirements for OSD systems and land use restrictions
- Ensuring compliance with building codes and development standards
- Liaising with council representatives to address any issues
Dispute Resolution
- Resolving conflicts related to land use and covenant enforcement
- Negotiating favourable terms with councils and third parties
- Representing clients in property-related legal disputes
