Understanding the key laws governing land surveying in Western Australia
Land surveying in Western Australia operates within a comprehensive legal framework that protects property rights and ensures survey accuracy. For property owners undertaking subdivisions, boundary surveys, or development projects, understanding this legislation helps explain why certain processes and requirements exist. This guide provides an overview of the key laws governing surveying in WA.
The Licensed Surveyors Act is the foundational legislation for surveying in Western Australia. It establishes:
The Act creates the Land Surveyors Licensing Board, which is responsible for:
To obtain a surveyor's licence in WA, candidates must:
Only licensed surveyors can perform cadastral surveys - surveys that define property boundaries and create land titles. See our guide on when you need a licensed surveyor for more information.
The Act empowers regulations that set technical standards for surveys, including accuracy requirements, documentation standards, and procedures for boundary determination.
The Act creates offences for:
The Transfer of Land Act establishes the Torrens title system used in Western Australia. Key provisions affecting surveying include:
The Torrens system provides that a registered proprietor's title is generally indefeasible (cannot be challenged). This makes accurate surveying critical - once boundaries are registered, they become the legal definition of property extent.
The Act provides for the registration of deposited plans that define property boundaries. These plans, prepared by licensed surveyors, create new lots and are held by Landgate as the official record of property boundaries.
The Act enables the creation and registration of easements (rights over land) and restrictive covenants, which surveyors must show on plans and consider in boundary determinations.
The Planning and Development Act governs land use planning and subdivision in Western Australia. Key surveying-related provisions include:
All subdivisions must be approved by the Western Australian Planning Commission (WAPC). This includes:
Learn more about the subdivision process in our Perth subdivision guide.
The Act enables local planning schemes that control land use and development. These schemes often require surveys to demonstrate compliance with setbacks, site coverage, and other requirements.
The Act requires contributions for public open space in subdivisions, which affects subdivision design and survey requirements.
The Strata Titles Act governs strata schemes in Western Australia. Surveying-related provisions include:
The Act specifies what must be shown on strata plans, including:
All strata plans must be prepared and certified by a licensed surveyor. For built strata, this includes surveying the building to determine lot boundaries within the structure.
See our guide on strata titles in WA for more detail on strata schemes.
The Land Administration Act deals with Crown land and land administration. Relevant provisions include:
Surveys of Crown land, including for mining tenements, pastoral leases, and Crown grants, must comply with requirements set under this Act.
The Act governs road reserves, which surveyors must identify and correctly show on survey plans.
When government acquires land (such as for road widening), surveys are required to define the land being acquired.
While not strictly a surveying law, the Dividing Fences Act affects surveyors' work:
When neighbours dispute fence positions, a boundary survey is often needed to determine the legal boundary. The Act provides mechanisms for resolving fence disputes, but boundary determination requires a licensed surveyor.
The Act provides for sharing of fencing costs between neighbours, which sometimes requires surveys to determine exact boundary positions.
The Property Law Act includes provisions relevant to surveying:
The Act provides remedies for encroachments (buildings crossing property boundaries), which often require boundary surveys to establish. See our guide on understanding WA property boundaries.
Provisions dealing with easement creation and termination affect how surveyors show easements on plans.
In addition to primary legislation, surveyors must comply with:
These regulations set technical standards for surveys, including:
Landgate publishes guidelines for plan preparation and lodgement, including:
The WAPC publishes policies affecting subdivision and development, which surveyors must consider when designing subdivisions.
Understanding surveying legislation helps property owners because:
When you engage a licensed surveyor, you're accessing a profession regulated to protect your interests.
Our licensed surveyors ensure all work complies with WA legislation and Landgate requirements. Contact us for professional surveying services that meet the highest standards.
Contact Us Call (08) 5122 5501Work with licensed surveyors who understand WA legislation.