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How to Purchase a NSW 88B Instrument

Learn how to purchase an 88B Instrument on Landchecker.

Written by Georgie Edgerton

State availability: This document is specific to New South Wales only.


What Is an 88B Document?

A Section 88B document (also called an 88B instrument or certificate) is a legal document registered with a new plan that creates or removes easements, rights, restrictions, or covenants on a property. Section 88B refers to Section 88B of the Conveyancing Act 1919 (NSW).

When a property is sold, any 88B restrictions or obligations are attached to the property and the purchaser is legally bound to follow them.

An 88B document may create or remove:

  • Easements Rights to use part of someone else's land for specific purposes, such as drainage, access, or having a driveway across a neighbouring property.

  • Positive covenants Obligations requiring the landowner to do something, such as maintaining a shared fence, contributing to common area upkeep, or preserving a shared pathway.

  • Restrictions Limitations on how the land can be used, such as building height restrictions, setback requirements, or prohibitions on certain land uses.

  • Rights of way Permitted access across land for specific purposes or users.


How to Purchase an 88B Document

Method 1: Using the Map

This is the quickest way to order an 88B Instrument when you know the property address.

Step-by-step instructions:

  1. Use the search bar in the top left corner of the Map to enter the address and find your property

  2. Click the Documents tab in the right-hand information panel

  3. Enter a Job Reference

  4. Select the checkbox next to 88B Search

  5. Click +Add selected items to shopping cart

  6. Click the shopping cart icon in the navigation bar

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  7. Select View Cart to review your order, or Purchase for instant checkout

  8. Click Go To Checkout

  9. Review your delivery and payment methods

  10. Click Buy to complete your purchase

Note: If you do not see an 88B Search appear in the list of available searches for a property, this may mean there is not one available. Not all Plans have registered 88B Instruments.


Method 2: Using Document Searches - Standard Searches

You'll need the plan number to order an 88B document. This can be found on the NSW title search under the property's lot and plan details.

Step-by-step instructions:

  1. Click Document Searches in the navigation bar

  2. Select the Standard Searches tab

  3. Enter a Job Reference for your records

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  4. Choose NSW as your state, then click Next

  5. Click 88B Search to expand the options

  6. Enter the Plan Number in the text field (format example: DP1234)

  7. Click +Add to Cart

  8. Click the shopping cart icon in the navigation bar

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  9. Select View Cart to review your order, or Purchase for instant checkout

  10. If you selected View Cart, review your order and click Go To Checkout

  11. Review your delivery and payment methods

  12. Click Buy to complete your purchase


Finding the Plan Number

The plan number is required to order an 88B document and can be found on a NSW title search or within Landchecker's Map under the Property Details section.

Where to find the Plan number on a Title Search:

  • Look in the lot and plan details section of the title search

  • Plan numbers typically start with letters indicating the plan type (e.g., SP for Strata Plan, DP for Deposited Plan)

  • Common formats: SP1234, DP12345

Where to find the Plan number within the Landchecker Map:

  • Search the property address within the


Plan Number Format

NSW plan numbers follow specific formats depending on the type of plan:

  • SP - Strata Plan (e.g., SP1234)

  • DP - Deposited Plan (e.g., DP12345)

  • CP - Community Plan (e.g., CP12345)

Enter the plan number exactly as it appears on the title search, including the prefix letters.


What You'll Receive

Your 88B document will contain the registered instrument affecting the specified plan, which may include:

  • Details of restrictions on land use

  • Positive covenants and obligations

  • Easement information

  • Conditions affecting lots within the plan

  • Plans and diagrams (if included in the original instrument)


Common Use Cases

  • Conveyancing and property purchase: Review restrictions and obligations before purchasing a strata or subdivided property.

  • Development planning: Understand existing covenants and restrictions when planning renovations or developments.

  • Due diligence: Verify obligations and easements affecting a property during property investigations.

  • Strata management: Review building and land use restrictions for strata scheme management.


Delivery and Follow-up

NSW 88B Instruments are typically fulfilled within a couple of minutes. If your 88B document hasn't arrived within the estimated timeframe, you can track your order through the Order Manager or contact support for assistance.


Troubleshooting

Can't find the plan number? The plan number is shown on the NSW title search or within Landchecker's Map under the Property Details section.

Invalid plan number error?

  • Check that you've entered the plan number exactly as shown on the title search

  • Ensure you've included the prefix letters (SP, DP, CP, etc.)

No 88B document exists? Not all plans have registered 88B documents. If no document is found, you may need to verify the plan number or check with NSW Land Registry Services.


Need Help?

If you need assistance finding a plan number or purchasing an 88B document, contact our support team at support@landchecker.com.au.

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