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

Requirements for a community scheme

All plans registered under the Community Land Development Act 2021 are deposited plans and must be prepared in the same manner as any other deposited plan. See Registrar General's Guidelines for Deposited plans.

Community, Precinct and Neighbourhood plans must be plans of survey prepared by a registered land surveyor.

Community plan

A community plan must be a plan of subdivision of land held under the Real Property Act 1900 (see section 8 Community Land Development Act 2021). A community plan may not subdivide:

  • A qualified or limited title
  • A lot in a precinct or neighbourhood plan or
  • A perpetual lease from the crown.

Precinct plan

A precinct plan must be a plan of subdivision of a community development lot (see section 9 Community Land Development Act 2021). 

Neighbourhood plan

A neighbourhood plan may subdivide:

  • A lot or lots in a community plan
  • A lot or lots in a precinct plan
  • A lot or lots in a conventional deposited plan provided the title is not qualified, limited or a perpetual lease form the crown.

(see section 10 Community Land Development Act 2021). 

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