Submit documents for section 88B and 88E of the Conveyancing Act

Due to an unplanned increase in workload, there are delays in processing applications and requests. Current processing times are approximately 6 to 8 weeks. We appreciate your patience during this time.

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When would you need this?

To submit documents to Council for execution under section 88B and 88E of the Conveyancing Act as required to satisfy a condition of a development consent.  Examples are:

  • easement for drainage
  • easement for support
  • positive covenant for encroachment
  • positive covenant for on-site stormwater detention (OSD)
  • positive covenant for pool in flood zone
  • positive covenant for rainwater tank
  • restriction of use for affordable housing
  • restriction of use for encroachment
  • restriction of use for floodway
  • restriction of use for pool in flood zone
  • restriction of use for OSD
  • restriction of use for rainwater tank.

Please note that subdivision certificate applications have a different application process.

Step 1.Fees and charges

Step 2.What you will need to provide

  • The forms required to be executed by Council, which could include NSW Land Registry Services forms 13PC or 13RPA.

For a positive covenant and restriction of use for OSD:

  • engineer’s certificate in Council format
  • work-as-executed drawings
  • photos of required signage.

For positive covenant and restriction of use for rainwater tank:

  • plumber’s certificate
  • work-as-executed drawings
  • photos of required signage.

For a positive covenant for an encroachment:

  • work-as-executed drawings
  • engineer’s certificate.

For a positive covenant and restriction of use for pool in flood zone:

  • work-as-executed drawings for the pool area, confirming levels comply with the approved plans.

For an easement for support:

  • survey plan
  • structural engineer’s certificate
  • work-as-executed drawings.

Step 3.Register or login to submit application

Not registered? You will require a MyWilloughby account to submit an application.

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Step 4.What happens next

You will receive an application reference number which you can use to track your application. 

You will also be notified once your application has been assessed and advised if additional information is required.

Not registered?

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Why register?

  • to create and track requests
  • submit and view applications
  • make a payment.

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Need further assistance?

Call our Customer Service Centre on:

02 9777 1000

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Samples

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