Why is the Deposit Plan 88B important in NSW?

The Deposit Plan 88B (DP 88B) is an important legal document in NSW land developments—especially in masterplanned estates—because it defines the easements, restrictions, and covenants that apply to each lot in a subdivision. It is lodged with the Land Registry Services (NSW LRS) at the time of land registration and becomes part of the title.

Why is the DP 88B Important?

1. Establishes Legal Rights & Responsibilities

DP 88B shows what rights others may have over the land, and what obligations the lot owner has. It sets out:

• Easements (e.g., for drainage, electricity, or sewer lines)
• Restrictions on Use (e.g., building setbacks, single dwelling only, no sheds over a certain size)
• Positive Covenants (e.g., maintain landscaping, build according to design guidelines)

2. Essential for Compliance Before Building

Builders and buyers must check the 88B to ensure:

• The house design complies with restrictions (e.g., no building over an easement)
• No breaches will occur that affect construction or future resale
• Any developer-imposed covenants (like fencing or facade styles) are met

3. Binding on All Future Owners

Once registered, the 88B:

• Attaches to the title
• Applies to all future owners of the lot
• Can only be removed or modified with legal processes and approvals

4. Disclosed to Buyers Before Contract

Under NSW law, the 88B instrument must be disclosed to buyers in off-the-plan contracts or sales of newly created lots. Buyers are deemed to have agreed to abide by those conditions once they sign the contract.

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