The new regulations for survey practice in New South Wales, effective 1 March 2025, bring broad and important changes for anyone involved with land, property development, or construction projects.
Learn what’s changing, why it matters, and what property owners and professionals need to know.
Regulatory Overhaul for Land Surveys in NSW
From March 2025, land surveys in NSW must comply with updated regulations designed to make boundary information clearer, more accurate, and easier for clients and officials to interpret.
These changes arise from regulatory review, culminating in the Board of Surveying and Spatial Information (BOSSI) clearly defining what constitutes a land survey and specifying standards under two main sections: Section 45 and Section 46.
What Counts as a Land Survey?
A critical clarification is the expanded definition of a land survey. Now, any survey illustrating boundaries whether on a report, sketch, or diagram falls under regulatory control.
This means that not only traditional boundary marking or identification surveys are captured, but also Detail surveys, Topographic surveys, Works-As-Executed (as-built) surveys, and building set-out surveys.
BOSSI’s position, now supported by the courts, means there is no longer debate about which surveys must meet the new standards.
Section 45 Surveys: The New Gold Standard
Section 45 covers “Surveys for identification or remarking” and demands strict accuracy. Under this section:
- The surveyor must confidently define the site boundaries and note any differences found relative to registered plans or official records.
- Registered Land Surveyors must use Form 2 survey certificate for identification or remarking and include their registration details.
- Section 45 surveys apply to any project that requires precise definition of boundaries, such as boundary marking, identification surveys, subdivisions, lease plans, detailed and topographic surveys, and plans for the Registrar General (NSW LRS).
- Most design, legal, and planning purposes require this level of accuracy.
- In difficult areas where boundaries remain uncertain, these surveys can trigger recommendations for further redefinition action.
Importantly, councils in NSW (including City of Sydney and Northern Beaches) now rarely accept surveys if not prepared under Section 45 for development or compliance purposes.
In almost all practical cases, a detailed survey must be to the higher Section 45 standard, unless in rare and clearly justified exceptions.
Section 46 Surveys: When Strict Accuracy is Not Required
Section 46 introduces a pathway for “Surveys not requiring strict accuracy,” but only in situations approved by both client and surveyor in advance and in writing.
Key features include
- Survey accuracy, and any special marking arrangements, must be agreed upon and specified in advance.
- The final plan or report must clearly state the accepted accuracy.
- These surveys use Form 3 (survey certificate for lesser accuracy), and still require a Registered Land Surveyor’s sign-off.
- Section 46 is suitable for initial investigations, approximate rural boundary identification, or project works far from any real property boundary.
However, Section 46 surveys are not appropriate for projects where the position of boundaries has legal or development consequences. Most importantly, these cannot usually be lodged for registration with NSW Land Registry Services.
Some providers on the lower end of the market offer most surveys to Section 46 standards sometimes with disclaimers about fitness for use.
Property owners should be cautious; Section 46 surveys cannot be relied on for accurate legal, title, or building design work and councils are increasingly strict about not accepting them for approvals.
Making Decisions: What Our Clients Need to Know
The new regulatory environment means clients should expect (and demand) clear recommendations from their surveyor about which Section applies to their project. Quotes and proposals are now required to make these distinctions explicit.
- Section 45: Expect higher costs, but also get the level of accuracy required for compliance, development, and property confidence.
- Section 46: Only suitable for limited, non-critical planning, or approximate information needs and only with full client agreement.
As always, it is important for any landowner or developer to understand that a cheaper or less accurate survey might save money upfront but often fails to meet later requirements for council, banks, legal needs, or design.
Navigating the New Survey Landscape
While the updated standards increase the administrative and technical burden on surveyors, they also protect clients and ensure NSW’s property data is consistent and reliable. Surveyors and clients working together under these clear rules will see fewer disputes, more useful plans, and ultimately fewer unexpected costs so long as everyone understands what type of survey is being conducted and why.
If unsure which category a project falls into, or if there’s uncertainty about boundary issues, it is always safest to opt for a Section 45 survey and the peace of mind that comes along with strong regulatory backing. Reach out to us today to discuss the details. Clarity now will pay off in the long term.