Execution of Legal Documents (ELD) - Applications for creating easements, positive covenants and restrictions on land title (ELDs)
Execution of Legal Documents
Development across the Hornsby Shire often requires the creation of stormwater drainage and flood protection systems. These systems must be maintained so they work in the way your development application (DA) or Complying Development Certificate (CDC) intended. Examples of these systems include:
- Onsite stormwater detention systems
- Alternative drainage systems
- Alterations to landform, retaining walls and dwelling floor levels which are designed and intended to protect the development and occupants from major overland flows/ flooding, as well as prevent impact neighbouring properties.
Why you need to submit legal documentation to Council?
To ensure the maintenance of these systems, Council requires the owner to register a positive covenant and/or a restriction as to use of the system on the title of the property. If a covenant and/or restriction is required, it will appear as a condition of the DA consent. Check your DA consent conditions to determine if these requirements affect you. A solicitor, certifier, builder or surveyor is able to help you check your consent conditions and provide professional assistance with preparing documents for your application.
What is a positive covenant and restriction on the use of land?
A positive covenant and restriction on the use of land are deeds of agreement on the title of the property created under provisions of the Conveyancing Act 1919. The agreement imposes obligations on the owner of the land burdened, in favour of a prescribed authority (Hornsby Shire Council). In the case of a stormwater system, the agreement will require the owner of the land to maintain their system, so it can perform as designed, and not allow future development to interfere with the operation of the system. A positive covenant or restriction as to user can apply to all property types: residential, commercial, industrial etc.
What if I require a different type of covenant?
Your DA conditions may require you to register a covenant not related to stormwater systems. Examples of these include Waste Services (Waste) and Seniors Living (Planning). If you require standard wording for a covenant not available on Council’s Website, please contact the relevant team which imposed the condition. Documents required for submission:
- 13 RPA Form
- 13 PC Form
- Councils standard wording
- Registered Engineers Certification by a suitably qualified Civil Engineer, who has membership to Engineers Australia, National Engineers Register (NER) or Professionals Australia (RPENG) and registered in the General Area of Practice for civil engineering.
- Work as executed plan (WAE) by a registered Surveyor. The WAE is a copy of the approved drainage construction plan, with the finished levels marked up in red, and stamped and signed by a registered surveyor.
- Photographic evidence of the On-site Detention System. This may include any of the following: OSD/ Rainwater Tanks, OSD Basin, Orifice Plate, Level Spreader, Absorption Trench, Pits, Pipes, connection to kerb and connection to interallotment easements.
Apply online
Click below to apply for Execution of Legal Documents.