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• Positive Covenant and Restriction on Use of Land

Positive Covenant and Restriction on Use of Land

Development across the Waverley LGA often requires the creation of stormwater drainage and flood protection systems. These systems must be maintained so they work in the way your Development Application (DA) intended.

A Positive Covenant and Restriction on the use of land are deeds of agreement on the Title of the property created under provisions of the Conveyancing Act 1919. The agreement imposes obligations on the owner of the land burdened, in favour of a prescribed authority (Waverley Council).

In the case of a stormwater drainage system, the agreement will require the owner of the land to maintain their system, so it can perform as designed, and not allow future development to interfere with the operation of the system. Further information including the submission requirements can be found in our Guide for Submitting Legal Documents. The lodgement of these documents to Council can be made with the Application for Legal Documentation Authorisation.