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

Retirement villages

Leases of premises in a retirement village, which have a term in excess of 25 years, require the lodgment of a Retirement Village memorandum with an annexed sketch plan setting out the location of the individual lettable premises within the complex. The memorandum must be registered prior to lodgment of the lease.

The memorandum (and annexed plan) must:

  • Schedule 4 of the Lodgment Rules.
  • include the reference to the affected folio of the Register.
  • show all affected lot/plan numbers within the current title boundaries on the plan
  • describe the sites within the Retirement village on the plan and include the full street address of the Retirement Village. (NOTE: proposed future sites must not be included). The accommodation type and number of each site must be described in a schedule in the memorandum and be identical to those shown on the plan (i.e. Hostels 1-12, Apartments 1-12, Villas 1-12)
  • state the full name of the applicant, being the registered proprietor or operator, and the number of pages in the memorandum
  • be signed by the applicant or the applicant's representative.

An extra fee is payable for a plan annexed to the memorandum. Fee information can be found here.

NOTE: Any subsequent memorandum must comply with the requirements listed above and include a plan and a schedule listing and identifying all lettable premises within the retirement village.

NOTE: Premises contained in a previous plan annexed to a memorandum may be renumbered, but only if no current leases are registered over those premises. A plan annexed to a memorandum showing the renumbered premises will be required.

The lease of the premises must clearly identify the site and be cross-referenced to the relevant plan annexed to the memorandum. The lease must specify all of the subject premises including any garage, carport, storage room etc. Where it is intended for the lease to include these structures they must also be identified in the plan annexed to the memorandum.

Publish date: October 2023