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

Alterations to plans prior to registration

Alterations to plans prior to registration

A plan lodged for registration can be altered or amended prior to registration. Any such alterations or additions should be made with due consideration to acceptable standards of lettering and line work.

The onus rests with the surveyor to resolve errors or omissions.

The only person permitted to amend a plan prepared and signed by a registered surveyor is:

  • that surveyor, or
  • an authorised person who has the written authority of that surveyor, to attend to requisitions and/or amendments being:
    • another registered surveyor, or
    • a person authorised to complete minor amendments that do not entail additional survey work, or:
  • an officer of NSW LRS acting under legislative authority.

Where a plan is amended the surveyor or authorised person must certify all alterations made by signing and dating each sheet of the plan.

Plans originally lodged electronically via ePlan may only be amended by the surveyor lodging a new electronic version of the plan.

Plans originally lodged manually in NSW LRS and intended to be amended should be uplifted by the Lodging Party at the NSW LRS plan Lodgment Counter, Queens Square and returned to the surveyor. The surveyor may only uplift the plan if he has obtained the written consent of the Lodging Party. Following the completion of all necessary alterations/amendments either:

  • the updated original plan should be re-lodged manually in NSW LRS or
  • or a substituted plan sheet lodged in NSW LRS and the appropriate substituted plan fees paid or
  • the entire plan be relodged electronically using the eRelodge facility of the Survey Services Portal.

In either case the surveyor should supply a copy of the plan showing all alteratons highlighted in red.

Electronic plan relodgment (eRelodge)

Plans may only be eRelodged if the following criteria are met:

  • re-lodgment is undertaken by the surveyor who prepared the plan
  • the surveyor has been approved to lodge plans electronically for registration and is authorised by the lodging party to relodge the plan on their behalf
  • the plan does not bear any original signatures (ie when originally lodged it was accompanied by a signatures / administration sheet

Plan (P), Survey Report (R), Checklist (K), and letter / miscellaneous (L) files may be eRelodged. All other manual file types must be manually relodged.

Note The surveyor has automatic authority to eRelodge unless the Lodging Party specifically states otherwise.

Consent of the local council to alterations

The consent of the local council to alterations to any plan must be obtained where:

  1. The area of any lot is amended.
  2. The alteration(s) create extra lots or delete existing lots from the plan.
  3. Significant changes are made to the position of lot boundaries.
  4. Alterations to the boundaries result in buildings or structures now encroach across the boundary.
  5. Alterations are made to the position of an easement where the council is dominant tenement or has the power to release, vary or modify the easement.