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ARTICLE · 30 JULY 2021

Residential Focus - Design and Building Practitioners – Particulars for Regulated Designs Order 2021

Holding Redlich
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New requirement for registered easements for ground anchors if any part of the anchor extends to a neighbouring property.

AustraliaReal Estate and Construction
Christine Jones
Christine Jones
Elly Ashley
Elly Ashley
Simona Njaim
Simona Njaim
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New requirement for registered easements for ground anchors under the Design and Building Practitioners – Particulars for Regulated Designs Order 2021

On 10 June 2021, the Minister for Better Regulation and Innovation made the Design and Building Practitioners - Particulars for Regulated Designs Order 2021 (Order) under section 5(3) of the Design and Building Practitioners Act 2020 (NSW) (Act). The Order commenced on 1 July 2021.

Schedule 2 of the Order deals with particulars that apply to regulated designs prepared for building work involving a ground anchor if any part of the ground anchor will extend onto a neighbouring property.

Generally, where a developer or builder is required to install ground anchors under a neighbouring property, they must obtain consent from the neighbour to avoid trespass claims. Consent for installing the ground anchors under the neighbouring property usually occurs in the form of a licence or deed. However, where an agreement

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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