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

Landcom

Landcom was formerly part of the Department of Housing (now NSW Land and Housing Corporation from 1986). It is now established as a State Owned Corporation under s.5 Landcom Corporation Act 2001 by vesting dated 1 January 2002. Its functions are essentially the same as the former Land Commission of NSW but with wider powers. It is a Governmant Trading Enterprise which operates on a commercial basis with the power to undertake of and participate in residential, commercial and industrial developments.

Any plans lodged by Landcom from 1 January 2002 must comply with the normal requirements for plans in regard to fees, signatures, approvals and consents.

Landcom is not a consent authority and does not have the power to:

  • resume land or
  • dedicate land as public road, public reserve, drainage reserve or for public purposes within the meaning of the Crown Lands Act 1989. All dedications must be by the consent authority.

The NSW Land and Housing Corporation is a government agency with the principal function of providing public housing.

Title creation for Landcom plans

Section 17 Landcom Corporation Act 2001 provides that the Minister may, by order in writing, transfer to the new Landcom any assets (land estates) that are in the name of the New South Wales Land and Housing Corporation and/or the Ministerial Development Corporation.

When a plan is lodged by Landcom after 1 January 2001 and new titles are to issue, the following rules apply:

  • If the plan is signed by Landcom and existing titles are in the name Landcom or Land Commission of New South Wales new folios will automatically issue in the name Landcom.
  • If the plan is signed by Landcom and existing titles are in any of the following names:
    • New South Wales Land and Housing Corporation, or
    • New South Wales Land and Housing Corporation (Landcom) or
    • Housing Commission of New South Wales
  • a Request form 11R (PDF 131 KB) together with evidence in terms of Section17 Landcom Corporations Act 2001 must be lodged.

Note 1  If a Request is not lodged with the plan, the plan must be signed by New South Wales Land and Housing Corporation and new titles will issue in the name of New South Wales Land and Housing Corporation.

Note 2  If the plan is signed by New South Wales Land and Housing Corporation the new titles will issue in their name in the usual manner.