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

Strata plan of consolidation

A strata plan of consolidation may affect lots only or it may include the part of the common property being a wall, floor or ceiling which separates those lots. A strata plan of consolidation is given a new plan number. The lots are identified as lots in this plan but form part of the original scheme. No new common property can be created.

Administration sheets

The Administration sheets must be executed by the registered proprietors of the lots being consolidated and any mortgagees, lessees etc. as required by Section 22 Strata Schemes Development Act 2015. The owners corporation will need to provide the certificate on the administration sheet if it is intended that a wall, floor or ceiling between the lots will become part of the new lot. See section 15(4) and (5) Strata Schemes Development Act 2015.

A schedule of unit entitlement is not required. The unit entitlements for lots as a result of a consolidation will be determined by the sum of the consolidated lots.

Strata plan form 3.05

This form will always be sheet 1 of the administration sheets for a strata plan of consolidation. It is the responsibility of the surveyor to complete all panels on this form except the Office Use Only panels for the strata plan number and registration details and the Certificate of Owners Corporation.

Sheet numbering

Insert the total number of sheets of the administration sheets.

Strata plan number, registration details

These panels are for Office Use Only and should be left blank on plans lodged for registration.

Note If the plan has a pre-allocated plan number or was pre-examined the SP number maybe completed.

Plan heading

The plan heading is the panel containing the words, “STRATA PLAN OF CONSOLIDATION OF:”. This must be completed by inserting the identity of the land being consolidated. This will be 2 or more strata lots. If common property is included in the consolidation the plan heading should include reference to the common property.

LGA, Locality, Parish and County

The current Local Government Area, Locality, Parish and County should be shown in the appropriate position.

Freehold or Leasehold Scheme

Strike out the inapplicable word (Freehold or Leasehold) to indicate the intended type of Strata Scheme.

Surveyor’s certificate

This panel must be completed and executed by a registered land surveyor.

All appropriate information should be entered and the inapplicable information should be struck through.

  • Insert the name of the surveyor in the space after I,
  • Insert the company name after of, if there is no company insert the locality of the business.
  • If there are no encroachments, strike through the statements regarding encroachments completely.
  • If there are encroachments on a public place, strike through item (b).
  • If there are encroachments on land which is not a public place, strike through (a) and enter the creating instrument for the easement which has been created within part (b).
  • Sign and date the certificate.
  • Insert the surveyor ID as provided by BOSSI.
  • Insert the surveyor’s reference (maximum of 25 characters). The reference must be identical to that shown on the plan to provide a link between the documents. Following the surveyor’s reference information in brackets may be added indicating version numbers of the document. This may vary between the plan and the administration sheets.

Before execution a surveyor must be satisfied that the plan complies with all the parts of the certificate. Attention is drawn to schedule 1 Strata Schemes Development Act 2015.

Certificate of Owners Corporation

This certificate must be completed if it is intended that a common property wall, floor or ceiling which separates the lots to be consolidated is intended to become part the new lot and vest in the name of the owner.

If this is not the intention the certificate should be struck through.

Strata certificate

A strata certificate is not required for a consolidation and has not been provided on the administration sheet.

Strata plan form 3.08

This form is to be used as an annexure to the preceding pages of the administration sheets. It will include information as follows:

  • Any information which cannot fit in the appropriate panels of the preceding administration sheets
  • Statements of intention to create and release affecting interests in accordance with section 88B Conveyancing Act 1919
  • Signatures and seals which are required in accordance with section 22 Strata Schemes Development Act 2015.

Sheet numbering

Insert the sheet number and the total number of sheets of the administration sheets.

Strata plan number, registration details

These panels are for Office Use Only and should be left blank on plans lodged for registration.

Note If the plan has a pre-allocated plan number or was pre-examined the SP number maybe completed

Schedule of unit entitlement

A schedule of unit entitlement and valuer’s certificate are not required for a plan of consolidation. The unit entitlement for each new lot will be the sum of the unit entitlements for the lots which are consolidated.

Section 88B instrument

If it is the intention to create affecting interests upon registration of a section 88B instrument lodged with the plan, the panel must contain a statement as follows:

'Pursuant to Section 88B Conveyancing Act 1919 it is intended to create the following affecting interests'.

The list of affecting interest to be created as shown in Part 1 of the section 88B instrument should be provided after the statement.

If it is intended to release affecting interest the statement should be modified accordingly and the affecting interests to be released as shown in Part 1A of the instrument should be listed.

Signatures and seals

This administration sheets must be executed in accordance with section 22 Strata Schemes Development Act 2015.

Surveyor’s reference

Enter the surveyor’s reference as on sheet 1.
 

Location plan

A location plan is not generally required.

Floor plan

The floor plan is prepared in the same manner as the original floor plan. However there are some other things to consider:

  • It is only required to show the new lots to be created and the adjoining information.
  • In some circumstances it may be desirable to show the entire floor of a building so it is clear where the lots are situated.
  • The lot numbering must be consecutive and commence with the next available number for the scheme.
  • If it is intended that a common property wall, floor or ceiling which separates the lots to be consolidated is intended to become part the new lot, the plan should not show the structure but include it as part of the lot.