Veris

Queensland Land Title Act Change - High Density Development Easements

Surveying Town Planning Urban Design
May 28, 2019

Government and private sector collaboration is essential in the improvement of titling solutions in order to deliver cost effective, streamlined development outcomes and improved purchaser confidence. Peter Sippel of Veris has had a long term focus and industry input in these outcomes. Peter worked in collaboration with the office of Registrar of Titles and development industry groups to initially achieve the introduction of a new provision in the Land Title Act that enabled the creation of High Density Development Easements - HDDE (Division 4AA, Sects 93 - 96, Land Title Act 1994) for management of attached row / terrace house products without the need for community title schemes or survey of easements.

This initiative has contributed significantly to affordability, by delivering savings of thousands of dollars in the development and purchasing process of this form of housing, whilst ensuring tenure security for buyers. Tenure security being delivered through provision of rights of support, shelter, projections, roof water drainage and maintenance to these small lot products by simply completing a one page form and lodgement for registration.

At the initial creation of the legislative change, government drafters introduced a 300m2 maximum area of a lot beyond which HDDE could not be utilised. This has meant that where end lots, commonly known as “book end lots” of this housing product are bounded by a road this titling solution could not be used as the lots regularly exceeded this threshold of 300m2. This outcome has meant that a different, more costly titling solution was required, to protect the same rights as HDDE’s provide for, on the common boundary of the end two lots where the book end lot is over 300m2.

Peter instigated further liaison with the Registrar of Titles and industry organisations in early 2018 on the need to increase this threshold and it is now pleasing to announce that the Queensland Parliament agreed on the 15th May 2019 to the change of this threshold from 300m2 to 450m2, thus alleviating the existing inequity in the effective delivery of what is now an increasing popular form of housing product. It is expected that this amendment will become law after governor in council assent at the end of May 2019.

If you have any queries on the use of this titling solution, Peter would be happy to discuss this with you and can be contacted through our Brisbane office on 07 3666 4700.

Author

Peter Sippel

Lead – Geo-Spatial Services

Peter is a registered cadastral consulting surveyor with over 30 years experience across the development, mining, infrastructure and energy industries. Peter is also the chair of the Surveyors Board of Queensland.

A strong belief in the need to deliver innovation and learning, together with Peter’s passion for the industry he has played a significant part in our direction of the past 34 years. To Peter innovative strategic approaches are critical to deliver institutional success for our clients, together with the deployment of technical excellence in Survey, Spatial and Tenure consulting.