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

Dealing with the titles

The titles for lots in a leasehold strata plan may be dealt with in the same as any other strata lots with regard to transfers, mortgages, covenants and the creation of easements etc. All of the actions may be performed in the same manner as a freehold strata plan.

Dealing with common property

The creation or variation of easements, restrictions and positive covenants over common property is addressed in section 34 Strata Schemes Development Act 2015.

Strata plan of subdivision

A strata plan of subdivision may be registered affecting a lot or lots and or common property. The plan must meet the same requirements as a strata plan of subdivision of a freehold scheme and also requires execution by the lessor of the scheme.

The plan must be accompanied by leases for the new lots being created. These leases must be identified to commence upon registration of the plan and expire at the same time as the existing lease(s). Any option of renewal must be identical to the existing leases. The replacement leases must contain provisions confirming that they are in substitution of the existing lease(s). The existing lease(s) will be determined upon registration of the plan and substitute leases. See section 12 Strata Schemes Development Act 2015.

There is no requirement to provide a new lease for the common property regardless of whether the boundaries change or not.

Strata plan of consolidation

Two or more lots in a leasehold strata scheme may be consolidated by the registration of a strata plan of consolidation. The plan will must meet the same requirements as a consolidation of a freehold scheme and also requires execution by the lessor of the scheme.. A replacement lease must be lodged for each new lot (see Section 15(2) Strata Schemes Development Act 2015).