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

Statutory Easement Diagram

The statutory easement diagram replaces the former service works plan (formerly referred to as Works Plan, Works as Executed Plan or the Prescribed Diagram). The statutory easement diagram forms part of the management statement and must be prepared on Plan form 5, lodged at A2 size and numbered consecutively as part of management statement. The purpose is to enable the creating of statutory easements in accordance with section 34 Community Land Development Act 2021.

When it is intended to create statutory easements, the plan must show the approximate position of each service line and indicate that those services exist, i.e., Works as Executed. It is also permitted to show the sites of proposed services and describe them as Works to be Executed.

The sites of the services are approximate only and should be shown in the same manner as an easement over existing line of pipes.

It is not required to show dimensions. Each of the services shown on the statutory easement diagram must be listed under Services in Part 3 (Mandatory Matters) of the approved form of management statement.

The sites of these easements can only be shown over lots in the scheme. They may not be created over public or drainage reserves or over public roads.

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