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

Deferred placement of marks

The placement of survey marks may be deferred to prevent the marks being disturbed or destroyed during development and construction. See clause 38 Surveying and Spatial Information Regulation 2017.

Requests to Surveyor-General

A request to defer placement of marks must be made in writing to the Surveyor General. The requirements are set out in Surveyor-General’s Direction Number 7. See sections 3.20, 4.1 (Appendix A) and 4.2 (Appendix B).

If the application is successful a Deferred Mark number will be issued.

Before lodgment of the plan with NSW LRS

The Deferred Mark number should be added to the plan and the administration sheet after the surveyor's reference.

The following statement must be included in the Statements panel or Signatures and Seals panel on the administration sheet of the plan:

'Placement of Reference/Permanent Survey Marks in ... [name of road(s) and/or lots] .... has been deferred in accordance with clause 38 of the Surveying and Spatial Information Regulation 2017. When placed, the nature and position of these Reference/Permanent Survey Marks will be shown in a schedule on a separate sheet annexed to this plan.'

The plan should show the appropriate symbols in the position as if the mark was placed and labelled with unique letter or number.

After the deferred survey marks are placed

Deferred survey marks must be placed within 28 days of the completion of the construction. When the deferred survey marks are finally placed and connected to the parcel corners, their nature and position should be shown in a schedule on Plan Form 1 A3 (PDF 186 KB) or Plan Form 2 A2 (PDF 187 KB) and identified as the final sheet of the original plan.

The surveyor must forward this sheet with a letter requesting it be added to the registered plan to New South Wales Land Registry Services. The process will attract an amendment of a plan fee. The new sheet should be sent to:

Titling and Registry Services

NSW Land Registry Services

Level 30, 175 Liverpool Street

Sydney NSW 2000

Or, by email to plan-review@nswlrs.com.au. The plan file must meet the specifications of a plan lodged through ePlan.

This plan sheet will be added as an extra sheet to registered plan image. A full copy of the final registered plan will be forwarded to the surveyor for use in obtaining the refund of the security placed with the Surveyor General when the application for deferment was approved.