Signing and witnessing

Execution  The signing of any plan or instrument by the method appropriate to the situation. The plan or instrument is executed when signed by every person with an interest in the land. This includes a company or corporation signing under seal.

Attestation  Certification by the witness or witnesses to the execution that the plan or instrument has been correctly signed.

All deposited plans of subdivision and easement, together with any section 88B instrument must be signed by all affected parties in accordance with s.195D Conveyancing Act, 1919.

Companies and corporations sign the plan under seal. The company seal should incorporate an ACN number. An ABN is acceptable if the seal is signed after 1 July 2003.

A section 88B instrument is signed and witnessed only on the last page of the document. The other pages only require the initials of a witness who has signed the last page.

All signatures and seals should be made in dense black or dark blue ink. No other colours are acceptable.

Legislation about execution (signing) and attestation (witnessing) may be found in the Real Property Act 1900, the Real Property Regulation 2008, the Conveyancing Act 1919 and the Conveyancing (General) Regulation 2008.

Note  Where the Registrar General believes that a plan or document has not been properly executed or attested, the Registrar General is empowered to require that the execution or attestation be proved in such manner as the Registrar General thinks fit - see s.36(1E) Real Property Act 1900. 

Who can sign a plan or instrument? execution must be by the registered proprietor(s) in person or by approved substitute.

Who can witness an execution? must be attested to by a witness who is not party to the document.
Signing by minors (person under 18 years of age) when a minor is subdividing or dealing with land, the document may be executed by adhering to specified criteria.
Example forms of attestation numbers 1 to 4.