OSD Certification in NSW: WAE Surveys & 88B Instruments
Works-as-executed surveys, positive covenants and 88B instruments - the OSD paperwork between practical completion and your occupation certificate.
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An on-site detention system is unusual among building assets: it does its job perhaps a handful of times a year, invisibly, underground or disguised as a lawn. That makes it spectacularly easy to neglect – until a blocked outlet turns a designed detention tank into a permanent pond, or an overflowing pit sends stormwater through a garage in the first big storm of summer. OSD obligations don’t end when the occupation certificate is issued. Here’s what owners, strata schemes and builders each need to know about life after handover.
Almost every OSD system in NSW is protected by a positive covenant registered on the title under the Conveyancing Act 1919 (created via an 88B instrument on subdivided land, or by separate dealing otherwise). The covenant legally requires the owner – every owner, forever – to keep the system in working order, and gives council the power to enforce. In practice that means council can require rectification, and in serious cases carry out works and recover costs. The covenant follows the land: a buyer who’s never heard of OSD inherits the obligation at settlement, which is exactly why the covenant exists.
The good news: OSD maintenance is simple. The whole system has one critical vulnerability – the small outlet that controls flow – and most maintenance exists to protect it.
On duplex, townhouse and apartment developments, the OSD system almost always sits on common property – which makes the owners corporation responsible. Practical advice for strata committees:
Builders shape whether a system survives its first decade. Three habits worth adopting:
A neglected OSD system fails in two directions at once. Blocked, it stops protecting your own property – water backs up, surcharges where it shouldn’t, and finds the garage. And non-functional, it stops protecting the catchment, putting the owner in breach of a covenant that council can enforce. Ten minutes with a gloved hand on the trash screen a few times a year prevents both.
Contrive Consultants designs council-ready OSD and stormwater systems across Sydney and NSW, and can review, certify or troubleshoot existing systems. See our services, call +61 497 848 111, email info@contriveconsultants.com.au or contact us today.
Works-as-executed surveys, positive covenants and 88B instruments - the OSD paperwork between practical completion and your occupation certificate.
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