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

Subdivision of community or precinct schemes

Development lots in a community plan may be subdivided by a precinct plan, a neighbourhood plan or a strata plan to create subsidiary schemes- see sections 9,10 and 13 Community Land Development Act 2021.

Development lots in a precinct scheme may be subdivided by neighbourhood plan or strata plan to create a subsidiary scheme- see sections 10 and 13 Community Land Development Act 2021.

Community or precinct plans of subdivision

Development lots in a community plan or a precinct plan may be subdivided by a community or precinct plan of subdivision to create new development lots. The plan must be lodged as a deposited plan and will be allocated the same number as the original plan. The new lots 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.

See also Schedule 1 Community Land Development Act 2021.

Additional sheets of the detail plan

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 subdivided lots. The sheet numbering will continue directly from the last number used for the scheme plan. The additional sheet must contain the deposited plan number of the scheme.

See also section 9 Community Land Development Regulation 2021.

Replacement sheets for the schedule of unit entitlements

A replacement sheet for the schedule of unit entitlements must:

  • be prepared on the Administration Sheets, Plan form 6D
  • include the complete schedule for the entire scheme
  • include the new lots and their entitlements. The sum of the new entitlements must agree with the sum of the entitlements for the subdivided lots
  • show in the entitlements, against the subdivided lots, Subdivided into Lots …… and indicate the new lot numbers
  • show in the subdivision column See Additional Sheet ….. and indicate the sheet number
  • the Administration Sheets must include a certificate from a qualified valuer as in Approved form 9
  • 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.

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