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

Subdivision of neighbourhood schemes

Neighbourhood lots and neighbourhood property may be subdivided by a neighbourhood plan of subdivision to create new neighbourhood lots and or neighbourhood property. See section 14(3) Community Land Development Act 2021. The plan must be lodged as a deposited plan and will be allocated the same number as the original plan. The new lots must be numbered consecutively commencing with the next available number for the scheme. For example, if the original scheme ended at lot 4 then the new lots would start at 5.

A new schedule of unit entitlement must be provided on the Administration Sheet.

Approved form 21 must appear on the Administration Sheet of a neighbourhood plan of subdivision which includes or creates neighbourhood property or dedicates part of the neighbourhood property as road or reserve to confirm that this action has been authorised by a special resolution - see section Community Land Development Act 2021.

Additional sheets of the detail plan

The plan is prepared on Plan form 2 and lodged in the same manner as the original plan for the scheme. The sheet numbering in the upper right corner of the plan form must be completed and is determined by the number of sheets being lodged at that time.

The plan drawing area must contain an additional sheet note as in Approved form 15. The note indicates the sheet number, the number of the sheet which it replaces and the subdivided lots. The sheet numbering will be one more than the number of sheets in the registered plan. The sheet numbering will continue directly on from the last number used for the scheme plan. The additional sheet must contain the deposited plan number of the scheme.

See also section 9 Community Land Development Regulation 2021.

If the plan involves neighbourhood property a replacement sheet for the association property plan must be provided. The plan must show a compiled plan of the association property and include a note as in Approved form 16. This note must be completed and indicate the sheet number of the sheet which it replaces. The new sheet will be numbered in NSW LRS in accordance with section 9(2)(c) Community Land Development Regulation 2021.

Replacement sheets for the schedule of unit entitlements

A replacement sheet for the schedule of unit entitlements must:

  • be provided on the Administration Sheets, Plan form 6D 2016.
  • include the complete schedule for the entire scheme.
  • include the new lots and their entitlements. If the subdivision does not include association property the sum of the new entitlements must agree with the sum of the entitlements for the subdivided lots. Show in the entitlements, against the subdivided lots, Subdivided into Lots...." and indicate the new lot numbers.
  • show in the subdivision column "See Additional Sheet...." and indicate the sheet number.
  • be based in the comparative market value of the lots at the valuation day set out in section 31 Community Land Development Regulation 2021 and be supported by a valuer's certificate as in Approved Form 9.
  • the sheet upon which the schedule appears should also contain an update note as in Approved form 8. This form should be completed by inserting the date of registration of the plan which provided the previous schedule.

Transfer

If the subdivision creates a new development lot includes land which was formerly association property a transfer must be lodged for that part of the lot from the association to the appropriate party. See Transfer or lease of association property page.