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


Dedication, Resumption or Acquisition of Association property

Plan requirements for the scheme

A scheme may dedicate some but not all of its association property as road or reserve providing it has access to a public place - see sections 8, 9, 10 Community Land Development Act 2021. A plan of subdivision must be lodged defining the road or the reserve and the residue of lot 1. The plan must include an additional sheet of the detail plan, a replacement sheet for the association property plan and Administration Sheets.

Dedication of association property may occur in any scheme plan or scheme plan of subdivision.

Note, the Community Land Development Act 2021 defines a scheme plan as a community scheme, precinct scheme, or neighbourhood scheme (see sections 8-10).

Section 15 Community Land Development Act 2021 and section 13 Community Land Development Regulation 2021 apply to dedication of land by a scheme plan of subdivision.

Administration sheets

The Administration Sheets should include:

  • A plan heading as follows:

Plan of Subdivision of Lot 1 in DP…. and dedication of Road or Reserve as appropriate.

  • A certificate indicating that the association resolved to dedicate the land pursuant to a special resolution, via Approved form 21.

  • A certificate indicating that all interests of which the association has notice have been released and that any by-law restricting the use of association property no longer affects the land being dedicated, via Approved form 25.

  • A certificate indicating that the Initial Period has expired (Approved form 24), otherwise, the dedication must have been authorised by the Tribunal. See section 25 Community Land Management Act 2021.

Detail plan

The plan must be prepared on Plan form 2 and include additional sheet(s) of the detail plan. The sheet must contain a note as in Approved form 15 and fully define:

  • the boundaries of lot 1. The new boundaries must be defined by survey

  • any land to be dedicated as road

  • any land to be dedicated as a public or drainage reserve. This must be shown as a lot and given the next available number. The lot should be labelled as Public Reserve or Drainage Reserve as appropriate.

Association property plan

The plan must be prepared on Plan form 2  and include replacement sheet of the association property plan. The sheet must contain a note as in Approved form 16  and provide a compiled definition of lot 1.

Also see Schedule of unit entitlements.

Resumption

If, association property is required for road purposes after a community scheme has been established, the road authority may resume association property see Part 10 Community Land Development Act 2021.

The notice of resumption by the resuming authority must state whether or not the land being resumed is excluded from a scheme. If land is excluded from a scheme it is also excluded from any scheme of which the scheme forms part or any subsidiary scheme.

If the notice of resumption is for part of association property or community property in a scheme, the notice must:

  • describe the land to be resumed as a lot in a current plan and

  • state that the land is excluded from the scheme

Where the resumption will only affect part of association and no other lot (other than land below the surface) the resumption can proceed without an application to the Supreme Court (see section 73 Community Land Development Act 2021).

If other land in the scheme will be affected by the resumption or some or part of a lot is involved,  an application must be made to the Supreme Court to terminate or restructure the scheme. The notice of resumption must include the Supreme Court case number.

  1. A plan prepared in accordance with Division 4 Part 10 Community Land Development Act 2021, must be lodged with NSW LRS for registration before the publication of the notice of resumption and must bear a statement that it was lodged because of the resumption.

The plan will take effect when both the plan and the resumption application have both been registered.

NSW LRS may, in accordance with section 84, make recordings in the folio for the association property or common property, recordings in the folio for the resumed land, or notations on the scheme plan.

Acquisition

As an alternative to resuming the land under division 4, a resuming authority may instead register a plan of acquisition and purchase the land referred to in the acquisition plan (see division 5).
 
NSW LRS may refuse to register an acquisition plan unless

  • the plan bears a statement to the effect that the land is excluded from the scheme on being transferred

  • for an association property, a replacement sheet for the association property plan that:

    • shows the altered boundaries of the association property

    • complies with Schedule 1 Community Land Development Act 2021

  • for a development lot or neighbourhood lot an additional sheet of the relevant detail plan that:

    • shows the altered boundaries of the lot

    • complies with Schedule 1 Community Land Development Act 2021.

  • for a community development lot, a replacement schedule of unit entitlement for the community plan that complies with Schedule 3

  • for a precinct development lot, replacement schedules of unit entitlement for the community plan and the precinct plan that comply with Schedule 3

  • for a neighbourhood lot within a community scheme, replacement schedules of unit entitlement for the community plan, the neighbourhood plan and, if the neighbourhood lot is within a precinct scheme, the precinct plan that comply with Schedule 3

  • for a neighbourhood lot not within a community scheme, a replacement schedule of unit entitlement for the neighbourhood plan that complies with Schedule 3.

See section 95 and section 96 Community Land Development Act 2021.

An association may sell part of its association property to a resuming authority if the part to be sold is included in an acquisition plan and the sale is authorised by special resolution.

NSW LRS may refuse to register a transfer of association property included in an acquisition plan unless the transfer is accompanied by a certificate:

  • in the Approved form 21

  • given under the seal of the association

  • to the effect that the sale has been approved by special resolution.

Upon registration of the transfer to the resuming authority of land in an acquisition plan:

  • any interest in restricted property benefitting or burdening the land is extinguished

  • any of the land that is association property ceases to be association property

  • the Community Land Development Act 2021 and the Community Land Management Act 2021  cease to apply to the land.

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