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

Mortgages, leases and caveats etc. affecting part

If the land being subdivided by a strata plan contains a mortgage, charge, covenant charge, lease, writ or caveat which only affect part of the subject land, consents to the registration must be provided as per section 22 Strata Schemes Development Act 2015.

Further to this evidence should be provided indicating which lots in the new strata plan will be affected by the encumbrances.

In the case of leases or caveats this evidence should be provided in the form of a statutory declaration.