If you’ve done anything involving land in NSW, even something as simple as splitting a block or trying to register a plan, you’ve probably run into the phrase section 88b instrument. It usually pops up when you’re in the middle of a project, everyone’s busy, and suddenly your solicitor or council says, “We’ll need the 88B for this.” And you’re left wondering what that even means.
You’re not the only one. At East West Surveyors, we see people get stuck on this all the time. They’ve got the survey sorted, the design moving, but this one document becomes the roadblock. So instead of giving you some dry legal spiel, let’s walk through it properly.
What Is A Section 88B Instrument Really About
A section 88b instrument is a simple idea wrapped in legal packaging. It sits next to your deposited plan and explains the easements, restrictions, rights and obligations that sit over the land. It’s created under the Conveyancing Act 1919 NSW.
A lot of people ask what an 88b instrument looks like. It’s usually a few pages with tables. Surveyors draw the plan. Lawyers write the words. Land Registry stamps it. That’s it.
The plan shows the lines. The 88b instrument tells you what the lines actually mean. Nothing more complicated than that.
Why It Exists
If there were no 88b instrument, you’d have a dozen owners fighting over who can use a driveway, who maintains drainage, whether you can build near a sewer line and what shared things actually belong to who. So the 88b makes sure all of that is written down and attached to the title. It follows the land forever.
Developers rely on it. Councils depend on it. Buyers trust it. Builders check it. Without it, the property system would be an absolute mess.
Who Actually Prepares An 88B Instrument
This one confuses people. They think the surveyor drafts everything. Surveyors prepare the plan (the map). The legal wording in the 88b instrument is done by your solicitor or conveyancer. We work together. If the plan says “Drainage Easement A”, the 88b instrument must explain Drainage Easement A in detail.
At East West Surveyors, we basically make sure the physical side is airtight, so the solicitor doesn’t end up guessing what goes where.
How It Works With Deposited Plans
The Draft 88B: The One Everyone Argues Over First
How To Obtain Section 88B (And Why You Can’t Just Download It)
People search things like how to obtain 88b instrument or how do I get an 88b instrument expecting a PDF template. There isn’t one. You don’t “get” an 88b like a certificate. You create it as part of the subdivision process.
To obtain a section 88b instrument, the usual process is:
- surveyor finishes the deposited plan
- solicitor drafts the instrument wording
- authorities look at it and OK it
- both plan and instrument get lodged together
It’s not a form you print. It’s a document created specifically for your land.
What An 88B Instrument Usually Contains
Every instrument 88b is different, but they usually include the same type of information.
A typical section 88b instrument usually includes,
- what the easement actually is
- where it sits on the plan
- which lot benefits from it
- which lot is burdened by it
- who maintains it
- any building restrictions or obligations
It’s the rules of the land written in plain English. Well, mostly plain English.
What Is Section 88B Of The Conveyancing Act 1919 NSW
If you want the exact reference, this is the part of the legislation that gives the legal power for easements and restrictions to be created through a plan. It’s the reason the 88b instrument exists.
Section 88A And Section 88B
You’re not the only one who Googled what is Section 88A after hearing about Section 88B. Section 88A deals with easements created by deed. Section 88B deals with easements created by plan. Different tools for different jobs. Developers mostly deal with 88B.
What Is An 88E Instrument
People also ask what is an 88E instrument or what is the Section 88E instrument. It’s another legal tool for creating certain kinds of covenants. It’s not used nearly as much as the 88b instrument, especially for simple residential work. You mostly see it in commercial or more technical legal setups.
What Is The 88B Strata Plan
In a strata development, you’ll sometimes see the term 88b strata plan. It works the same way but talks about strata lots and common property. So if a drainage line crosses common property or services run under shared driveways, the 88b strata instrument spells out those rights and obligations.
Why Councils And Developers Rely On The S 88B Instrument
Councils rely on the s 88b instrument because it’s a simple way to lock in rules and make sure they stay attached to the land. Developers rely on it because they can’t register plans without it. Builders rely on it because it tells them where they can and can’t build.
People rely on 88b instruments because they:
- reduce disputes
- make legal rights clear
- help councils enforce conditions
- ensure easements don’t get forgotten over time
It’s one of the few documents that genuinely keeps a development running smoothly.
How An 88B Instrument Shows Up In Real Projects
Let’s make this less theoretical.
You buy a vacant block. There’s a sewer easement right through the back. You want a pool. The section 88b instrument tells you if that’s possible or not.
You plan a duplex. Council wants a drainage easement. That ends up in the 88b instrument.
You’re a builder trying to see if you can bring machinery through the neighbour’s drive. Check the 88b instrument.
It’s not a document you read for fun. But it’s one you’ll rely on more than you think.
What People Actually Mean When They Ask “What Is An 88B”
When someone searches what is an 88B or what is the 88B instrument, they’re usually just trying to understand the basics. A section 88b instrument spells out the legal meaning behind what’s shown on the plan. That’s all it is.
How East West Surveyors Steps In To Make The Process Less Painful
At East West Surveyors, our work forms the base that the entire 88b instrument depends on. If the plan isn’t right, the legal wording can’t be right either. So we make sure the easements and details on the deposited plan are crystal clear.
We work with solicitors, developers, councils, and service authorities regularly, so the whole process becomes smoother.
Why Knowing A Bit About 88B Helps You Avoid Delays Later
You don’t need to memorise legislation. You don’t need to become an expert. But if you understand the basics of a section 88b instrument early in your project, you avoid getting blindsided later.
Most delays happen when someone realises too late that an 88b instrument is required. Knowing it upfront saves time, cost and stress.
A Clearer Way Forward
Section 88b instruments sound heavy when you first hear about them, but once you see how they work with the plan, they start to make sense. Easements and restrictions need rules. This is where the rules live.
If you need guidance with surveys, subdivision plans or any project that involves an 88B instrument, East West Surveyors is here to help you move through the process without the headaches.
