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

Removal of Housing Act restriction

Dealing type - BD

Legislation

s3 Housing Agreement Act 1973

s14A Housing Act 1976

s.24 Housing Act 2001

Stamp duty - not required

NOS form - not required

Standard form of Caveat - does not prevent registration.

Priority Notice noted on the Register - see Priority Notice page.

A Removal of Notification form 17BD issued by the Land and Housing Corporation must be lodged to remove from the Register a notification pursuant to s3 Housing Agreement Act 1973, s.14A Housing Act 1976 or s24 Housing Act 2001.

Note  All inquiries as regards the removal of Housing Act notifications should be directed to Land and Housing Corporation, Email: homesnswlegal@dcj.nsw.gov.au

Before any folio of the Register carrying these notifications can be transferred:

  • the notifications must be removed or
  • consented to by the Department of Housing or
  • the transferor must be the Department of Housing.

Notifications may remain on the Register where the consent of the Department of Housing has been endorsed on the transfer or a separate consent has been provided.

The reference to title of the land affected must be stated.

The registered number of the notification must be stated if shown on the Register.

The application must be signed by an authorised officer of Department of Housing. The name and capacity must be stated. The execution must be witnessed.

Staff processing information

If in order proceed with registration.

Registration procedure

TRANSACTION    OFF

PRIME CODE    code of notification as shown on the Register

PRIME NO.    number of notification.
 

Publication Date: March 2024