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

Accessway plan

If it is intended to create accessways upon registration of then scheme a plan defining the accessways is prepared on Plan form 5 (PDF 41 KB) and numbered as a sheet of the Management Statement. The accessways are part of association property and the plan defines their position.

An accessway plan [clause 24 Community Land Development Regulation 2018] is required to show:

  • a definition of each accessway, by bearing and distance, and illustrate its position within the association property
  • where the plan includes both open and private accessways, clearly indicate the status of each
  • if it is intended to provide a street name for the accessway. 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
  • bear a note in Approved form 38 (PDF 2 KB) that the accessways are association property and not public roads within the meaning of the Roads Act 1993
  • an appropriate heading in the provided panel.

The accessway plan must not show any survey information. The definition of a road in the Surveying and Spatial Information Regulation 2017 includes accessways. All roads must be marked in accordance with clause 31 of that act the position of reference marks required to be placed must be shown on the detail plan. See also, Boundary and Reference Marks in Registrar General’s Guidelines for Deposited Plans.