Positive Covenants and Restrictions

An applicant may engage a solicitor or conveyancer to prepare the document, arrange for execution by all parties, and register it with NSW Land Registry Services (LRS). Should an applicant choose not to do this and take carriage of the matter themself, the procedure detailed below offers guidance for applicants to follow. This guidance does not replace independent legal advice or assistance applicants should seek in land title dealing matters concerning their property.

A Positive Covenant document comprises:

• LRS Form 13PC (Positive Covenant); and 
• Annexure A containing the terms of the Positive Covenant specified in the condition of development consent  

A Restriction on the Use of Land document comprises:

• LRS Form 13RPA (Restriction on the Use of Land by a Prescribed Authority); and 
• Annexure A containing the terms of the Restriction specified in the condition of development consent  

In both instances, the applicant must fully complete the document and arrange for it to be signed by (and in the following order):

• The Registered Proprietors of the property 
• Mosman Council in front of a witness
• The Mortgagee (if mortgaged)

Council does not require works-as-executed plans of the affected structures to accompany Positive Covenants and Restrictions.

When lodging the document with Mosman Council for execution, it must be accompanied by payment of Council’s adopted fee provided for in its current Schedule of Fees and Charges. Mortgagees may also charge a fee for reviewing and executing the document.

Council’s fee for the approval and execution of Positive Covenants and Restrictions is currently $211.00 GST exempt (2023/24).

Council will only accept electronic lodgement of documents in line with LRS requirements for electronic lodgement. Documents that are incomplete, incorrectly completed or formatted and/or signed or otherwise in a condition that may lead to rejection by LRS or not accompanied by payment of Council’s fee, will not be processed by Council. 

Once the document is approved and fully signed, the applicant must then arrange for a solicitor or a conveyancer to register the document electronically at LRS via the Property Exchange Australia (PEXA) workspace. Once successfully registered, LRS will issue a Dealing number as evidence of registration on the title of the property and the subject condition of development consent is complied with.  

Follow these steps to prepare Positive Covenants and Restrictions documents and register them with LRS:

1. Access the condition of development consent requiring registration of the Positive Covenant or Restriction.
2. Complete the LRS interactive form or downloaded form (13PC or 13RPA). Links are available in the Resources section on this page.
3. Prepare an Annexure A detailing the terms of the Positive Covenant or Restriction using the template available in the Resources section on this page and ensure the terms match the wording specified in the condition of development consent.
4. Combined the completed LRS Form and Annexure A as a single PDF file.
5. Email the draft document (including details of the property address, development consent number, condition number, and applicant’s contact details) to dealings@mosman.nsw.gov.au for Council’s review and pre-approval. 
6. Council will send a return email usually within one business day confirming if the draft document is acceptable or otherwise requires amendment.
7. Upon receipt of pre-approval by Council, the Registered Proprietors should execute the document on page 1 (Form 13PC or 13RPA) in front of a witness and on page 2 (Annexure A) without a witness.
8. The applicant electronically lodges the approved document (signed by the Registered Proprietors) with Council for approval and execution. This must be done by emailing the PFD document to dealings@mosman.nsw.gov.au or alternatively via DocuSign or AdobeSign requesting execution.
9. At the same time as lodging the document, the applicant pays Council’s fee for approval and execution of the document by contacting Council’s Customer Service Team either in person at the Civic Centre or phoning 9978 4000. 
10. The document will be executed by Council and returned electronically to the applicant usually within one business day. 
11. If mortgaged, the applicant must then refer the document to the Mortgagee for approval and execution.
12. The completed document must be referred by the applicant to a solicitor or conveyancer to arrange registration with LRS via PEXA at the applicant’s expense. (Council is not registered with PEXA and will authorise the applicant’s solicitor or conveyancer to act on Council’s behalf in the PEXA workspace, signing a completed PEXA Client Authorisation Form submitted to Council to that effect. Should the applicant require Council’s presence in the PEXA workspace or require verification of ID for Council staff, Council’s lawyers will be instructed to act on Council’s behalf at the applicant’s expense). 
13. Once registered on title by LRS, the condition of consent is complied with.
14. The applicant should advise Council of the Dealing Number issued by LRS.

• LRS information on dealings 
• Interactive or downloadable LRS Form 13PC (Positive Covenant) 
• Interactive or downloadable LRS Form 13RPA (Restriction on the Use of Land by a Prescribed Authority) 
• Template for Positive Covenant Annexure A 
• Template for Restriction on the Use of Land Annexure A