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

After the scheme has commenced

Actions which may take place after the commencement of the scheme.

 

Strata plan of subdivision may subdivide lots only, common property only or lots and common property to create new lots or new lots and common property.

 

Subdivision of lots only information and requirements.

 

Subdivision of lots and common property new lots may include land that was formerly common property, formerly lots or a combination of lots and common property.

 

Subdivision of common property only new lots will include land that was formerly common property.

 

Administration sheets (subdivision) for a strata plan of subdivision will always consist of at least 2 sheets.

 

Strata plan of consolidation A strata plan of consolidation may affect lots only or it may include the part of the common property.

 

Strata plan of building alteration must be lodged when the manner in which a strata lot boundary is defined has been changed by the removal of a structure or the building of a structure.

 

Consolidation or change of by-laws after registration of a strata plan by-laws are adopted as indicated on the administration sheets.

 

Change of address for documents the address for service of documents on the owners corporation is indicated on the common property title.

 

Change of unit entitlements may be made in several ways.

 

Add land to a scheme the owners corporation may obtain additional land and add it to the common property in the scheme.

 

Remove land from a scheme the owners corporation may dispose of part, but not all, of the common property in the scheme unless it is a scheme which forms part of a community scheme.

 

Easements which burden or benefit lots or common property may be created, released and varied in the same manner as other Real Property land.

 

Restrictions on the use of land which burden or benefit lots or common property may be created, released and varied in the same manner as other Real Property land.

 

Redefinition of a strata parcel if the original base plan of a strata scheme has been found to be unreliable.

 

Positive covenants which burden common property may be created, released and varied in the same manner as other Real Property land.

 

Lease of part of the common property the owners corporation may lease part but not all of the common property for a term up to but not exceeding 5 years.

 

Termination of a strata scheme an owner of a lot, a mortgagee or a covenant chargee may make application to the Supreme Court to terminate the strata scheme.

 

Conversion of a strata lot to common property it is possible to convert the whole of a strata lot to common property.