Conveyancing Act 1919 changes
The Conveyancing and Real Property Amendment Act 2025, that modernises and streamlines certain Conveyancing Act 1919 and Real Property Act 1900 provisions, received assent on 15 August 2025. Provisions have been commencing in phases.
Section 88B instrument changes from 3 August 2026
An important part of this reform is expanding the range of interests that can be released as part of the plan registration process by way of a section 88B instrument under section 88B of the Conveyancing Act 1919.
Using a section 88B instrument to create and release interests on registration of a plan is an efficient and cost-effective way of managing these interests when the land is being developed.
What the changes mean
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For further information see: section 88B instruments - Registrar General's Guidelines.
Rationale for the change
Allowing public positive covenants and restrictions on use of land, that were imposed by a local council or other utility provider, to be released by that prescribed authority by way of a section 88B instrument (rather than by lodging a separate land dealing), is a logical change.
The power to release is restricted to the class of covenants were the dominant tenement will be easily identified (being either in gross for public covenants, or attached to an identified easement).
This change allows authorities to deal with these interests at the same time as their approvals, therefore simplifying the development process. It also represents time and cost savings for both customer landowners and professionals when preparing documents for registration in the land register.
More information on the practical changes
See NSW Land Registry Services, including updates to the section 88B instrument approved form and certain Registrar General's Guidelines.
- Commencement and transitional arrangements: the changes to the form of cooling off notices commenced on 15 August 2025, a transitional provision applies so that a contract or option exchanged on or before 31 May 2026 can include either the old or new form of cooling off notice: see section 28 Conveyancing (Sale of Land) Regulation.
- Contracts exchanged on and from 1 June 2026 must include the new form of cooling off notice prescribed by the amendments.
Note: the standard form Contract for the sale and purchase of land (2026 Edition) was updated in early 2026 to incorporate the new form of cooling off notice.
The vendor disclosure requirements and cooling off provisions that apply to an option to purchase residential property now also apply to options to compel a purchase (commonly known as 'put options'). This amendment resolved uncertainty around the application of the legislation to put options which was highlighted by the Supreme Court's decision in BP7 Pty Ltd v Gavancorp Pty Ltd [2021] NSWSC 265. Aspects to note about the amendment include:
- Division 9 of the Conveyancing Act 1919 - has been amended so that cooling off rights, plus the terms, conditions and warranties prescribed by the Conveyancing (Sale of Land) Regulation apply generally to options. A new definition of 'option' includes both:
- an option to purchase residential property, and
- an option to compel the purchase of residential property.
- No cooling off period for certain contracts - section 66T (d) of the Conveyancing Act 1919 applies so that contracts made in consequence of the exercise of an option (both to purchase and to compel the purchase) have no cooling off period. This replicates an exemption currently provided for by section 17(3) of the Conveyancing (Sale of Land) Regulation.
Commencement: these obligations commenced on 15 August 2025.