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

Boundary consents and approvals

The consent of certain relevant authorities and other parties is required to the definition of the boundaries of plans as follows:

Relevant authorities

Where a surveyed boundary abuts land controlled by a relevant authority it may be necessary to obtain that authority's consent for example:

Consent of adjoining owners to refixing of Old System parcel boundaries

Where the boundary of a parcel described in a deed has been satisfactorily refixed, but lies outside a fence, building or other structure which is more than 12 years old. See Old System boundaries for more information.

Notification of consent of adjoining owners

The adjoining owner(s) should sign a copy of the plan bearing the following statement:

'I/We being the owners of ....[insert details]....adjoining hereby consent to the location of the boundary defined in the plan hereon.

(Signed)

(Identification)

(Dated)'

Where the written consent of an adjoining owner has been obtained, the following note will be added to the plan:

THE CONSENT OF THE ADJOINING OWNER TO THE DEFINITION OF THE ............................ BOUNDARY HAS BEEN FURNISHED

NOTE: Where the parcel adjoins land vested in an Aboriginal Land Council (ALC) the written consent of the ALC (as adjoining owner) must be accompanied by a completed Registration Approval Certificate. An application for a Registration Approval Certificate should be made to the NSWALC Land and Property Unit.  

Consents to natural boundaries

Most alterations to the position of the Mean High Water Mark (MHWM) or the current definition of the bank or centreline of a non-tidal stream will require the consent of either the Crown, Transport for NSW (TfNSW) (formerly Roads and Maritime Services and its predecessors) or the relevant prescribed authority.

For TfNSW contact:
Maritime Survey Manager
Transport for NSW (Maritime)
33 James Craig Road
Rozelle NSW 2039
E: maritime.survey@transport.nsw.gov.au
T: (02) 9563 8538

For Crown Lands contact:
Email: enquiries@crownland.nsw.gov.au
 
or
 
Mail to:
 
NSW Department of Planning, Industry & Environment – Crown Lands
PO Box 2155
Dangar NSW 2309

For more information see Approvals and consents to natural boundaries page.

Consents to road boundaries

Since the commencement of the Roads Act 1993, local councils are the roads authority for all public roads see section 7 Roads Act 1993, except for:

  • freeways (vested in Transport for NSW(TfNSW) (formerly Roads and Maritime Services and its predecessors))

 Senior Manager Cadastral Project Services, TfNSW
 E: RMS_Lodging_Agent@transport.nsw.gov.au
 T: (02) 8837 0443

  • Crown public roads (Crown Lands on behalf of the Minister administering the Crown Land Management Act 2016, is the roads authority for all Crown public roads)           

  • roads on Lord Howe Island (the Lord Howe Island Board is responsible for all public roads and Crown roads on Lord Howe Island) and

  • a public road, (other than a freeway or Crown public road) declared to be under the control of some other public authority, e.g. Place Management NSW.

Where there is doubt as to the consenting authority the NSW LRS Plan and Title Advisor should be consulted by emailing Plan-Info@nswlrs.com.au  

Reserved roads

Where the definition of a reserved road, shown in a plan, differs from the original survey, the surveyor is required to furnish the consent of Crown Lands to the definition of the reserved road. Also see our pages on Claims to centre line of road (ad medium filum viae) and Quarter session roads for roads created under Act 4 William IV No.11.

Where the road is a public road under the care and control of the council, then the consent of the council to the definition of the reserved road will be required.

Public roads

Where a substantial variation occurs between a redefinition of a road and the original site as it appeared on a registered plan, approval of the responsible authority must be obtained - i.e. Transport for NSW, Crown Lands or local council.

New and closed roads affecting Crown land

Where a substantial variation occurs between a road redefinition and the original site as it appeared on a Crown plan, approval of the responsible authority must be obtained i.e. Crown Lands or the local council.

Roads within Sydney City Council

With the exception of roads controlled by:

  • Transport for NSW (TfNSW) (formerly Roads and Maritime Services and its predecessors) or
  • Place Management NSW

consent to the definition of roads within the boundaries of the City of Sydney as set out in 1998 is required to be endorsed on all new deposited plans. See Plan of City of Sydney Council.

NOTE: A definition taken from a registered deposited plan previously consented to will be acceptable. In these cases, a statement should be added to the plan indicating that the definition agrees with that previously consented to by council.

NOTE: When the survey was made by a council surveyor a note to that effect should be added to the plan in the panel provided for statements.

Consents to railway boundaries

Where land is bounded by railway land, consent by Infrastructure and Place, Transport for NSW will be required, unless the boundary is either:

  • based on (and identical to) a boundary shown in a previous plan that bears the consent of RailCorp, TAHE and their predecessors or
  • is defined by existing registered deposited plans, portion plans or section plans, and
  • the surveyor's definition of the railway boundary maintains that definition without excess in side boundaries to the railway boundary and
  • the definition is supported by evidence of railway occupations.

Initial inquiries should be directed to the Property Information Manager, Infrastructure and Place, Transport for NSW property_gis@transport.nsw.gov.au 

Written applications for consent to the survey definition, together with three copies of the plan and a report on the method used to define the railway boundary, should be forwarded to:

Infrastructure and Place
Transport for NSW
PO Box 459
Burwood 1805

NOTE: At present Infrastructure and Place, Transport for NSW provides the consent for all railway authorities - including Country Regional Network.

Victorian controlled railways

Three railway lines in southern New South Wales (Mullewa to Oatlands, Echuca to Deniliquin and Moulamein) are under the control of the State Railways of Victoria (VICTRACK).

New plans with boundaries adjoining these three railway lines will also require the surveyor to obtain the relevant consent.

Enquires should be directed to land.assessment@victrack.com.au

Private railways

The consent of the operator of a private railway (e.g. South Maitland Railway) is required for any new deposited plan adopting a common boundary with the railway.

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