Level Hunter Street Sydney, NSW 2000 GPO Box 475 Sydney, NSW 2001 DX 605 Sydney Telephone Facsimile AFFILIATED FIRMS PRACTISING SEPARATELY IN MELBOURNE BRISBANE ADELAIDE PERTH Planning certificates - a seminar for the uninitiated and a refresher for others! Archie Smith March 2010

CONVEYANCING IS SIMPLE! The humble section 149 certificate – one of the most important documents in the conveyancing process?

A BIG YEAR FOR THE 149 CERTIFICATE The 2009 changes  27 February - complying development disclosure  1 July – contaminated land management disclosure  31 July – site compatibility certificates  7 September – exempt & complying development codes

PRESCRIBED DOCUMENTS Prescribed documents – Conveyancing (Sale of Land) Regulation 2005 Omitting the section 149 certificate – an option? Replacing or updating an inaccurate section 149 certificate  Azar Building and Construction Services Pty Ltd – v- Liristis Holdings Pty Ltd Is the section 149 certificate complete?  Argy –v- Blunts & Lane Cove Real Estate Pty Ltd Azar Building and Construction Services Pty Ltd -v- Liristis Holdings Pty Ltd [2002] NSWSC 1085 Argy –v- Blunts & Lane Cove Real Estate Pty Ltd (1990) NSW ConvR 112

PRESCRIBED WARRANTIES Prescribed warranties – Conveyancing (Sale of Land) Regulation 2005 Adverse affectations Disclosing adverse affectations

IMPLIED TERMS Objections and requisitions Off the plan House and land packages

OPTIONS AND EXEMPTIONS Don’t forget options!  Implied warranties  Exemptions to prescribed documents and warranties  Exempt contracts  Exempt land

WHEN IT ALL GOES HORRIBLY WRONG! Rescission  Rights to do so  Limits on rescission Failure to disclose existence of affectation; and Purchaser unaware of existence when contract entered into; and Purchaser would not have entered into contract if aware of existence of affectation  How and when

SOLICITOR’S DUTY OF CARE Checking section 149 certificate accuracy Full vendor enquiries Surveys and building certificates Acting for a purchaser  Testing prescribed warranties  Explaining the section 149 certificate  Luxford –v- Sidhu Luxford –v- Sidhu (2008) NSW ConvR

A FINAL COMMENT Conveyancing is simple? Procedure and process The informed vendor Duty to a purchaser

OVER TO YOU! Questions?