Declaration of Identity For Property/Site Sale

A Declaration of Identity is a document which certifies a property with regard to the accuracy of the site boundaries, access to the property and the services used by the property.

The declaration, signed by an Engineer and subsequently approved by a Commissioner of Oaths states that all the services used by the dwelling are located within the legally defined boundaries or covered by a burden if they are located outside the legally defined boundaries. Services used by a property usually include a septic tank or treatment system along with the percolation area and rainwater soakaway, heating systems, private wells etc. It also certifies that the boundaries marked on the ground correspond with the legal site boundaries. Access to a public road is also addressed in the Declaration of Identity, has the property direct access to the public road or is access via a private road. The property folio is referred to in the declaration and accompanied by the Folio map outlining the site in red.

This Declaration of Identity is usually requested by solicitors when a property is being sold or purchased to ensure that no issues arise in the future and is most commonly required for rural properties.

If during the process of preparing the Declaration of Identity issues do arise MOL Engineers can help you to resolve them. Examples of issues that sometime arise include, no Right of Way between the site and the public road, no wayleave over services located outside the boundaries of the property or the boundaries on the ground do not correspond with the legal site boundaries.