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

Adding land to association property

By way of transfer


A community, precinct or neighbourhood association may add land to its association property by transfer if:

  • the land is not part of the scheme parcel
  • and the land is contiguous to the scheme parcel and
  • the transfer is registered under the Real Property Act 1900

If the scheme is a subsidiary scheme, the transferred land must be a development lot within the scheme of which the subsidiary scheme is part.

Section 25 Community Land Development Act 2021 requires that the following documents be lodged together with the transfer:

  • a certificate under seal of the relevant association as in Approved form 21 indicating that the  transfer was accepted by special resolution
  • a replacement sheet for the association property plan showing the altered boundaries of the association property
  • an additional sheet of the detail plan showing the detailed survey information of the additional land, and
  • be accompanied by a replacement location plan showing the new boundaries and overall layout of the scheme parcel.

The Transfer must not be registered unless:

  • the folio for the lot is freed from all relevant interests (including a mortgage, charge, covenant charge, writ, caveat or a lease other than a lease necessary for the provision of a service to the scheme), and
  • either —
    • the initial period has expired (and must be accompanied by a certificate in Approved form 24), or
    • there is a development contract in force and the transfer is in accordance with the contract, or
  • the transfer has been authorised by the Tribunal

By way of lease

     A community, precinct or neighbourhood association may  add land to its association property by lease if:
  • the land is not part of the scheme parcel
  • and the land is contiguous to the scheme parcel and
  • the lease is registered under the Real Property Act 1900
         Section 26 Community Land Development Act 2021 requires that the following documents be lodged together with the                 lease:
  • a certificate under seal of the relevant association as in Approved form 21 indicating that the lease or transfer was accepted by special resolution and
  • if the lease is to a neighbourhood association, must not be registered unless:
    • the initial period has expired (and must be accompanied by a certificate in Approved form 24 or
    • there is a development contract in force and the lease is in accordance with the contract, or
    • the lease has been authorised by the Tribunal
          For the purposes of section 26, lease includes a sublease and a leasehold estate or interest acquired by transfer.
          An association may surrender or vary a lease accepted by the association under section 26 if it decides to do so by special            resolution and the lessor consents. The consent of the association of the scheme must be provided as set out in Approved            Form 21. This can be done by a Surrender of Lease form or a Variation of Lease form.
          
          All NSW legislation can be accessed at www.legislation.nsw.gov.au/