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

Schemes that cannot be registered

The main purpose of the Community Land Development Act 2021 is to facilitate the subdivision of land where the subdivision includes common or shared property in a development - see section 3 Community Land Development Act 2021.

The Registrar General has the right to refuse registration of certain plans under section 107 Community Land Development Act 2021 where, in the opinion of the Registrar General the plan is essentially for:

  • the subdivision of a building into lots, or into lots and common property, even if it includes land outside the building
  • the subdivision of land into lots and common property, if the common property is mainly above or below the lots or
  • the subdivision of land into lots with limited height or depth.

A plan will not be acceptable under the Community Land Development Act 2021, if in the opinion of the Registrar General it is more suitable to be lodged as a strata plan.

The following cannot be the subject of a community scheme - see section 8(1) Community Land Development Act 2021:

  • Land which is already within a community, precinct, neighbourhood or strata parcel
  • Land in:
    • limited or qualified titles
    • perpetual leases from the Crown, or
    • Land in a non-contiguous parcel. Land is contiguous even if it is divided by, or separated from other land by a natural feature, a railway, a public road, a public reserve or a drainage reserve. See section 4 and the Dictionary Community Land Development Act 2021.

NOTE:  The 'detail plan' survey in a community scheme plan may not be used as a 'delimitation plan' to remove the 'Limitation Notification' (QL) from title.

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