Application for the Deposit of a Plan of Division (RTU)

Part 19AB of the Real Property Act 1886 (SA) governs the division of land. The registered proprietor applies to the Registrar-General in the appropriate form, executed by the applicant and with the prescribed fee, accompanied by a plan of division and a licensed surveyor's certificate (s 223LD(1)-(3)). The Registrar-General must not deal with the application unless the State Planning Commission certificate required by section 138 of the Planning, Development and Infrastructure Act 2016 is in force (s 223LD(5a)). Anyone whose registered interest is affected must certify their consent (s 223LH). On deposit of the plan, new certificates of title issue and roads and reserves shown on the plan vest in the council (s 223LF). Land Services SA's guidance notes say Form RTU is for divisions where no transactions occur; roads, reserves and service easements vested by the Act do not count as transactions.

When you need it

• You are the registered proprietor dividing land into new allotments and the division involves no transfers or other transactions.
• You have development approval and the State Planning Commission (SCAP) certificate for the division, and a licensed surveyor has prepared the plan.
• Registered interest holders, such as a mortgagee, need to give their consent to the deposit of the plan.

1. 1

   Heading and land description

   Insert the plan number if known and the development number. Describe every title affected by the plan, for example 'Whole of the land in CT Volume ... Folio ...', including any land being redesignated; describe a portion precisely by allotment and plan.

2. 2

   Applicants and execution

   Insert the full name and address of each applicant, being the registered proprietors of the land being divided. Each signs before a witness who is 18 or over, knows them or has verified their identity, is not a party, and prints their name, address and business hours phone number (s 267). Improper witnessing is an offence (s 268). If a practitioner executes under client authorisation, strike through the applicant execution panel.

3. 3

   Certification

   Where a lawyer or registered conveyancer acts, complete the certifications and delete any that do not apply. The guidance notes say the certifications do not apply where the applicant executes the application personally.

4. 4

   Certificates of consent

   For each consenting party, give their full name (with ACN or ABN for a company) and address, the nature of their interest (for example mortgagee), the interest affected and the effect on it, or 'NIL' (not N/A). Insert the consideration or value for stamp duty purposes. Each consent must be dated and executed.

5. 5

   Supporting documents and new titles

   List the supporting documentation lodged with the application and the instructions for each new certificate of title to issue. Number every page consecutively (for example 1 of 10) and complete or strike through every section.

• Plans lodged through SAILIS must be in CAD DWG format through the Electronic Plan Lodgement Portal, which runs pre-lodgement validation when the drawing is uploaded.
• Lodge the RTU and consents with Land Services SA together with the plan. The plan and the application are treated as a single instrument for priority (s 223LD(7)).
• The State Planning Commission certificate expires one year after the application is lodged unless the Registrar-General extends it (s 223LD(6)), and the guidance notes require it to be current at lodgement.
• A prescribed lodgement fee applies. Check Land Services SA's current fee information before lodging.

• If an applicant's or consenting party's name has changed, lodge an application to note the change of name before the RTU.
• Registered interests cannot be adjusted through the RTU, except statutory encumbrances such as land management agreements (guidance notes; s 223LDA).
• Once lodged, the plan and application cannot be withdrawn or amended without the consent of everyone who must certify consent, except as the Registrar-General permits to comply with the Act (s 223LD(8), (9)).