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Level 16 55 Hunter Street Sydney, NSW 2000 GPO Box 475 Sydney, NSW 2001 DX 605 Sydney Telephone +61 2 9225 2500 Facsimil

Planning certificates - a seminar for the uninitiated and a refresher for others! . Level 16 55 Hunter Street Sydney, NSW 2000 GPO Box 475 Sydney, NSW 2001 DX 605 Sydney Telephone +61 2 9225 2500 Facsimile +61 2 9225 2599 www.kempstrang.com.au

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Level 16 55 Hunter Street Sydney, NSW 2000 GPO Box 475 Sydney, NSW 2001 DX 605 Sydney Telephone +61 2 9225 2500 Facsimil

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  1. Planning certificates - a seminar for the uninitiated and a refresher for others! Level 16 55 Hunter Street Sydney, NSW 2000 GPO Box 475 Sydney, NSW 2001 DX 605 Sydney Telephone +61 2 9225 2500 Facsimile +61 2 9225 2599 www.kempstrang.com.au AFFILIATED FIRMS PRACTISING SEPARATELY IN MELBOURNE • BRISBANE • ADELAIDE • PERTH Archie Smith March 2010

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

  3. 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

  4. 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

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

  6. IMPLIED TERMS • Objections and requisitions • Off the plan • House and land packages

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

  8. 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

  9. 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 56-203

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

  11. OVER TO YOU! Questions?

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