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

Part 1 - Bylaws fixing details of development

These by-laws may only be amended or revoked by a unanimous resolution of the community, precinct or neighbourhood association - see s.17(2) Community Land Management Act 1989.

These by-laws relate to the essence or theme of the community scheme. The management statement can be used to set a theme for the whole development (retirement village, holiday cabins, permaculture hamlet etc) or might simply set a building standard that is to be followed and perpetuated. If something is to be designated as intrinsic to the theme of the development it should be included in this part of the management statement.

The by-laws in this part can specify:

  • provisions limiting occupancy under the scheme to persons of a particular description (i.e. in a retirement village scheme to persons aged over 55 years)
  • architectural, building or landscaping styles to be permitted
  • materials that may be used in buildings and other structures
  • provisions requiring that specified association property be used only for a particular purpose
  • any other kind of restriction.