Two kinds of title sit in one council area. They are not read the same way.
Baulkham Hills, Kellyville, Rouse Hill and Bella Vista are all The Hills Shire, and a contract there is either an established torrens-title house or a lot inside a community scheme. We act on both from our one office, at Bella Vista.
Greenline Legal works from one office — F128–F129, 24–32 Lexington Drive, Bella Vista — and acts on property in Baulkham Hills, Kellyville, Rouse Hill and Bella Vista from it. There is no second office on that list, and no need for one: a New South Wales conveyance runs on documents and an electronic lodgment network. What matters here is not where a lawyer sits, but that one council area holds two quite different kinds of property, and they go wrong in different ways.
Established title, and what has been done to it
Much of Baulkham Hills and the older pockets of Kellyville is freestanding housing on generous lots, often held a long time and altered along the way. The risks are the ordinary risks of an older house, and they are paperwork risks: additions, carports, garage conversions and secondary dwellings put up without consent, or never signed off with an occupation certificate. A section 10.7 planning certificate under the Environmental Planning and Assessment Act 1979 (NSW) tells you how the land may lawfully be used. It does not tell you whether what stands on it was approved. That is a separate enquiry, and it belongs before exchange.
Bigger lots mean pools, and a pool changes what has to be attached to the contract. The documents a vendor must attach before residential land is offered for sale are prescribed by section 52A of the Conveyancing Act 1919 (NSW) and the regulation made under it. Where the land has a swimming pool, that list includes either a certificate of compliance or a certificate of non-compliance issued under the Swimming Pools Act 1992 (NSW). A sale can proceed on either — but the second moves the rectification work, and its cost, to the purchaser.
Estate lots, community schemes and by-laws
North Kellyville, Rouse Hill and the newer Bella Vista precincts are largely master-planned estate development, and that is where a title starts carrying passengers. A lot in a community scheme is governed by the Community Land Development Act 2021 (NSW) and the Community Land Management Act 2021 (NSW), and by a registered community management statement whose by-laws bind you from completion — fencing, external materials and colours, parking, what may be kept in view of the street. Where a strata scheme sits inside a community scheme, an owner can be liable to contribute both to an owners corporation and to a community association. Read both sets of levies together.
Strata records still repay inspection. Section 182 of the Strata Schemes Management Act 2015 (NSW) gives that right to an owner, mortgagee or covenant chargee, or a person one of them authorises; the standard strata contract supplies that authority to the purchaser.
What the section 88B instrument says
Estate lots commonly carry restrictions on use and positive covenants created by an instrument under section 88B of the Conveyancing Act 1919 (NSW): building envelopes, design and materials controls, restrictions on further subdivision, and obligations to maintain on-site stormwater detention. They run with the land, and whoever may release or vary them is named in the instrument — often the developer or the council, not the neighbours. These are the clauses that rule out the second dwelling a purchase was premised on, and a council approval does not override a restriction registered on title.
- Contract and attached disclosure documents reviewed before you are bound.
- Community management statement, by-laws and levies read with any strata records.
- Easements, restrictions and covenants traced through the plan and the 88B instrument.
- Exchange, transfer duty and electronic settlement through to completion.
We act for one side of a transaction, never both. For the sequence step by step, see buying a property and selling a property, or how we approach conveyancing generally.
Questions we get about The Hills.
Do we need a lawyer close to the property?
No. A New South Wales conveyance is conducted on documents and through an electronic lodgment network: searches are ordered online, contracts are exchanged between solicitors, and at completion the funds and the transfer are dealt with in the same electronic workspace. We have one office, at Bella Vista, and no branch in any other suburb named on this page. Distance from the property is not what decides whether a contract has been read properly.
What is the difference between community title and strata?
A strata scheme divides a building into lots and common property under the Strata Schemes Management Act 2015 (NSW). A community scheme, under the Community Land Development Act 2021 (NSW) and the Community Land Management Act 2021 (NSW), divides an estate into lots and association property and is governed by a registered community management statement. A lot can sit inside both, in which case two sets of by-laws and two sets of contributions apply to it.
Can I add a second dwelling to a lot in one of the newer estates?
That is two separate questions. Planning is the first: what the applicable environmental planning instruments permit, which starts with the section 10.7 certificate. Title is the second: an instrument under section 88B of the Conveyancing Act 1919 (NSW) may impose a building envelope or restrict further building, and by-laws in a community management statement can go further again. A council approval does not override a registered restriction on title.
The house has a pool. What should be attached to the contract?
The documents that must be attached before residential land is offered for sale are prescribed by section 52A of the Conveyancing Act 1919 (NSW) and the regulation made under it. Where there is a swimming pool, that list includes a certificate of compliance or a certificate of non-compliance issued under the Swimming Pools Act 1992 (NSW). Check which one is attached: the second hands the rectification work, and its cost, to whoever buys.
Tell us what's happened.
Send us the contract before you sign or bid on a property in Baulkham Hills, Kellyville, Rouse Hill or Bella Vista, and we’ll tell you whether we can act, what reviewing it would involve and what that would cost.
Information on this site is general in nature and is not legal advice, and may have been overtaken by a change in the law. Contacting us does not create a solicitor–client relationship.
