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

Schemes that cannot be registered

The main purpose of the Community Land Development Act 1989 is to facilitate subdivision where the subdivision includes common or shared property in a development - see s.4(1) Community Land Development Act 1989.

The Registrar General has the right to refuse registration of certain plans s.4(2) Community Land Development Act 1989 where:

  • the plans define lots that are part of a building or lots that are semi-detached units within a building. Such a subdivision should be achieved by registration of a strata plan
  • the only association property is essentially airspace above or soil below the lots. The plan must genuinely create association property available to be used by lot owners and
  • the primary purpose of the plan is to subdivide land into stratum lots limited in height and/or depth. A community scheme plan can contain stratum lots provided the main purpose of the plan is to create a scheme with usable association property.

A plan will not be acceptable under the Community Land Development Act 1989, if in the opinion of the Registrar General it is more suitable to be lodged as a strata plan.

The following cannot be the subject of a community scheme - see s.5(1) Community Land Development Act 1989:

  • Land which is already within a community, precinct or neighbourhood parcel
  • Land in:
    • limited or qualified titles
    • perpetual leases from the Crown, or
    • Land in a non-contiguous parcel. Land which is separated by a natural feature (such as a river) or by a railway, road, public reserve or drainage reserve may be included in a community, precinct or neighbourhood scheme plan - see s.3(3) Community Land Development Act 1989.

Note  The 'detail plan' survey in a community scheme plan may not be used as a 'delimitation plan' to remove the 'Limitation Notification' (QL) from title.