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

Registration

Upon registration of a  scheme plan the following actions occur:

  • the prior title(s) is/are cancelled
  • the plan and administration sheets are processed to be placed on public record, including the affixing of the Registrar General’s Seal and the date
  • the relevant association comes into existence
  • a Folio of the Register is created for each lot in the plan, except lot 1, in the name of the registered proprietor of the prior title
  • Lot 1 is the association property which vests in the association, and
  • the initial period commences.

All NSW legislation can be accessed at www.legislation.nsw.gov.au/