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

Access way plan

If it is intended to create access ways upon registration of a scheme, a plan defining the access ways is prepared on Plan form 5.  The Access way plan forms part of the management statement, must be lodged at A2 size, numbered consecutively, and numbered as a sheet of the Management Statement. The access ways are part of association property and the plan defines their position.

Under section 27 Community Land Development Regulation 2021, the following requirements apply to an access way plan:

  • a definition of each access way (private and open), by bearing and distance, and illustrate its position within the association property
  • where the plan includes both open and private access ways, clearly indicate the status of each
  • if it is intended to provide a street name for the access way. Show the name using the following format:- KNOWN AS SMITH STREET. This format should also be adopted on the detail plan and association property plan
  • the plan must bear a note in Approved form 38  that the access ways are association property and not public roads within the meaning of the Roads Act 1993
  • on the first page, contain the deposited plan number of the relevant scheme
  • each sheet of an access way plan must be numbered as a sheet of the management statement for the relevant scheme
  • contain an appropriate heading in the provided panel.

The accessway plan must not show any survey information. All survey information required under the Surveying and Spatial Information Act 2002 to define an access way must be shown on the detail plan included in the scheme plan.

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