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

Schedule of unit entitlements

A replacement schedule of unit entitlements must be provided on the Administration Sheets of the plan and comply with schedule 3, clause 12 Community Land Development Act 2021.

Where the whole or part of a lot is dedicated as public road or public reserve by a community, precinct or neighbourhood plan of subdivision it is effectively removed from the scheme. The unit entitlement for the scheme must be readjusted. Schedule 3 clause 12 Community Land Development Act 2021 sets out the method of readjustment.

The total unit entitlement for a scheme is to be reduced by the unit entitlement of a whole lot dedicated or, where only part of a lot is dedicated, by the unit entitlement that would have been attributable to that part of the lot dedicated, if it had been created as a separate lot. The readjustment of unit entitlements is to be certified by a qualified valuer see – schedule 3 clause 4 Community Land Development Act 2021.

Whole of a lot

Where the whole of a lot is dedicated the schedule will include the new lot number allocated to the road or reserve. Instead of showing a unit entitlement the schedule will indicate that the lot is Road, Public Reserve or Drainage Reserve as appropriate. The aggregate should be reduced by the value of the dedicated lot.

Part of a lot

Where part of a lot is dedicated as reserve it will be allocated a new lot number. Where part of a lot is to be dedicated as road it will not be allocated a lot number. The schedule will include the new lot number allocated to the reserve. Instead of showing a unit entitlement for the new lot the schedule will indicate that it is Road, Public Reserve or Drainage Reserve as appropriate. The residue lot (after the dedication) should indicate its unit entitlements as appropriate. The schedule should make no reference to land dedicated as road. The aggregate should be reduced by the value of the dedicated land.

Part of association property

Where part of the association property is dedicated as reserve it will be allocated a new lot number. Instead of showing a unit entitlement for the new lot the schedule will indicate that it is Public Reserve or Drainage Reserve, as appropriate. If part of the association property is dedicated as road it will not be allocated a lot number and a replacement schedule will not be required.

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