On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Community schemes

The Registrar General’s Guidelines were first published in 1998 as the Registrar General’s Directions. They were an initiative of, the then Land Titles Office. Their intention is to establish requirements for community plans and thereby reduce delays by minimising the raising of requisitions on documents lodged for registration. The guidelines are based upon the requirements of the legislation and the Lodgment Rules.

They set out information needed by surveyors, solicitors and others in the preparation of community scheme plans (including Community, Precinct and Neighbourhood plans) and associated instruments.

A community scheme is a form of land development that allows shared property (known as association property) to be included as part of a land subdivision. The community scheme laws provide flexibility for land to be developed in stages and allow schemes to be focused around a theme, through by-laws that control the management and use of lots.

A community scheme is created by registration of a community, precinct or neighbourhood plan. It is managed by a body corporate made up of all lots owners, known as a community, precinct or neighbourhood association.

A community scheme is created by registration of a community plan, which subdivides a parcel of Real Property land into two or more separate lots plus an additional lot that is association property. Association property is always numbered as lot 1 in the plan. For the purpose of this explanation community schemes include schemes based on community plans, precinct plans and neighbourhood plans.
 

Legislation

The relevant legislation relating to community schemes and their management includes, but is not limited to: