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

Restrictions on use of land

There is no material difference between a covenant and a restriction on the use of land.  The terminology usually depends on the manner of creation.

A restriction on the use of land may be:

Such an Order must identify the land affected by the restriction, specify the terms of the restriction, and specify the prescribed authority imposing the restriction.

  • created by the Association of a Community Title scheme pursuant to a unanimous resolution.  The restriction on the use of land must burden lot 1 in a Community Title scheme, or all of the land in the scheme.
  • created by the Owners Corporation of a Strata scheme, pursuant to a unanimous resolution.  The restriction on the use of land must burden the common property of a Strata scheme, or all of the land in the scheme.  For a Strata scheme, see s26(1) Strata Schemes (Freehold Development) Act 1973.

A plan fee is not payable for an annexed plan relating solely to the restriction on the use of land.

A restriction on the use of land noted on the Register has no effect on the registration of dealings.  It does not have to be noted in the Encumbrances nor is the consent of the benefiting party required.

For:

For a restriction on the use of land:

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [494.300].