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

Development contract

Development contract are required to be lodged with all neighbourhood schemes and are optional with community and precinct schemes. All development contracts should be prepared in accordance with Approved form 27 (PDF 93 KB) with the relevant wording changed for community and neighbourhood schemes.

The first page of the contract contains a warning as required by clause 20 Community Land Development Regulation 2018. It also includes information regarding the environmental plan, development consent and who is bound by the contract.

Subsequent pages include Part 1, Part 2 and an undertaking by the original proprietor. The final page is Part 3 and contains signatures and consents. If the original proprietor intends to carry out further development Part 1 and Part 2 must be completed by providing the appropriate information.

Part 1

This part will provide a description of the development and must address the headings indicated in schedule 2 Community Land Development Act 1989 and in Approved form 27.

  • Description of the land.
  • Amenities.
  • Theme and architectural design.
  • Landscaping.
  • Pictorial representation.

The approved form gives directions for what should be included under each of the above headings.

Part 2

This part is headed Original Proprietors Rights and Undertakings. It is to provide details of the requirements to enable the future developments and constructions.

Undertaking by the original proprietor

If the original proprietor does not intend to provide any further development the original proprietor should complete the undertaking and Part 1 and Part 2 should be left blank.

Part 3

This part is for the provision of the signature of the original proprietor or his authorised agent and a witness. There is also a certificate of approval from the consent authority which must be completed.