The following requirements apply to all development schemes, regardless of whether they are created by agreement or declaration. Development schemes must:
1. Be executed by the owners of all of the affected lands.
2. Contain consents from all the owners of all encumbrances affecting the lands (other than the holders of statutory easements).
3. Be executed and witnessed in accordance with the Registrar-General’s rules governing execution.
4. Clearly identify which lands are restricted and which are benefit by the scheme. In most cases the list of lands restricted and those benefited will be the same.
5. Contain a statement that the restrictions benefit each of the parcels.
6. Contain a statement that the burdens and benefits run with the lands.
7. Contain restrictions that are negative in effect.
8. The affected lands must be proximate, but they do not have to be contiguous.
The actual development scheme agreement or declaration document is to be registered. It is not to be attached to a caveat.