NSW Conveyancing (Sale of Land) Regulation 2022
Conveyancing Act 1919 s 52A and Regulation Part 2 Division 1: Prescribed documents and the vendor warranty – NSW Conveyancing (Sale of Land) Regulation 2022

NSW Conveyancing (Sale of Land) Regulation 2022 5: Vendor warranty: no adverse affectation, no sewer, accurate planning certificate, no outstanding upgrading or demolition order, no section 88F charge, no coastal protection charge

What does 5 require?

Every contract for the sale of land includes the Schedule 2 Part 1 warranty: the vendor warrants, as at the date of the contract and except as disclosed in the contract, that the land is not subject to an adverse affectation (the Schedule 2 Part 3 list: proposals by authorities to acquire, resume or affect the land, orders, notices, declarations under the listed Acts, heritage, contamination, bushfire, road widening, tree orders and the others), that the land does not contain part of a recognised sewerage authority's sewer, that the planning certificate specifies the land's status for the Schedule 2 matters of the planning regulation, that there is no matter justifying an upgrading or demolition order for a building on the land (or a building information certificate has issued since the matter arose), that no section 88F charge is payable under a positive covenant, and that the land is not subject to an annual coastal protection services charge. Disclosure is made by attaching a document describing the affectation, the authority's written proposal, the instrument or the gazette page (Schedule 2 clause 2).

Maintained by Gerard Blokdyk

Other controls in Conveyancing Act 1919 s 52A and Regulation Part 2 Division 1: Prescribed documents and the vendor warranty – NSW Conveyancing (Sale of Land) Regulation 2022

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