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

Consolidation

Two or more but not all of the development lots in a community or precinct scheme or neighbourhood lots in a neighbourhood scheme may be consolidated in a plan of consolidation. (See section 17 Community Land Development Act 2021 and section 14 Community Land Development Regulation 2021).

The plan must be lodged as a deposited plan and will be allocated the same number as the original plan.

The new lot(s) must be numbered consectively commencing with the next available number for the scheme.

Additional sheets of the detail plan

The additional sheet of the detail plan may be compiled from information in the relevant scheme plan, and must show only the lots the subject of the consolidation.

The plan is prepared on Plan form 2 and lodged in the same manner as the original plan for the scheme. The sheet numbering in the upper right corner of the plan form must be completed and is determined by the number of sheets being lodged at that time.

The plan drawing area must contain an additional sheet note as in Approved form 15. The note indicates the sheet number, the number of the sheet which it replaces and the consolidated lot(s). The sheet numbering will be one more than the number of sheets in the registered plan.

Replacement sheets for the schedule of unit entitlements

A replacement sheet for the schedule of unit entitlements (in accordance with Schedule 3) must:

  • be provided on the Administration Sheets, Plan form 6D.
  • include the complete schedule for the entire scheme.
  • include the newly consolidated lot(s) and their entitlements. The sum of the new entitlements must agree with the sum of the entitlements for the consolidated lots.
  • show in the entitlements, against the superseded lots, "Consolidated into Lots ……" and indicate the new lot numbers.
  • show in the subdivision column "See Additional Sheet ….." and indicate the sheet number of the scheme plan that shows the consolidated lot.
  • the sheet upon which the schedule appears should also contain an update note as in Approved form 8. This form should be completed by inserting the date of registration of the plan which provided the previous schedule.

The replacement sheet must not differ from the existing schedule except to show the unit entitlement of the consolidated lot as the sum of the lots that have been consolidated.

The new lot(s) must be numbered consecutively commencing with the next available number for the scheme. A new schedule of unit entitlement must be provided on the Administration Sheet, which should not differ from the existing schedule other than to show the unit entitlement of the consolidated lots as the sum of that for the newly consolidated lots.

All NSW legislation can be accessed at https://legislation.nsw.gov.au/