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

New restrictions on the use of land and positive covenants

All new restrictions on the use of land and positive covenants affect the entirety of the parcel listed as burdened in the Section 88B Instrument. As such the notification is carried forward on to all new titles issuing on the plan as to whole. This applies whether or not the restriction or positive covenant relates to a specified site – stormwater detention basin, electrical padmount substation, building envelope etc.

If it is necessary for a restriction or positive covenant to affect part of a lot only, the part must be fully defined and designated on the face of the plan. The affected part must be listed in the Schedule of Lots Burdened set out in the Section 88B Instrument in the format: 

'Part 1 designated (A)'

Further, the following should be noted.

  • The heading of the Restriction or Positive Covenant should be consistent wherever shown on the plan and Section 88B Instrument.
  • The edges of a building envelope may be shown on the plan as being parallel to the parcel boundaries. Alternatively, full dimensions must be shown.
  • Complex and irregular sites should not be shown on the face of the plan (unless they are specifically intended to affect 'part'). A description of the site should be included in the terms of the Instrument.