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

Association property plan

An association property plan is prepared on Plan form 2 A2 (DP) in accordance with section 7 Community Land Development Regulation 2021 and Schedule 5 or 7 of the Lodgment Rules.  The plan must meet the same requirements as any deposited plan and address the following details:

It must be clearly labelled:

  • 'COMMUNITY PROPERTY PLAN',
  • 'PRECINCT PROPERTY PLAN' or
  • 'NEIGHBOURHOOD PROPERTY PLAN'

As the case requires, in the plan drawing area:

  • It must be prepared on one sheet only. If in the opinion of the surveyor this is not practical an exemption should be sought from the Plan and Title Advisor NSW LRS (plan-info@nswlrs.com.au). .
  • Where written approval for an exemption is given by the Plan and Title Advisor the surveyor should record the approval file number below the Surveyor's Reference.
  • It must provide a compiled plan of the association property based upon the information in the detail plan.
  • The site and details of all new and existing easements which affect the association property must be shown.
  • It is not permitted to show the sites of statutory easements created in accordance with section 34 Community Land Development Act 2021.

NOTE: To ensure clarity all lettering on the plan forms must comply with schedule 5 clause 7 or schedule 7 clause 7 Lodgement Rules.

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