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

Lease of additional common property or associated land

Additional common property (Strata Schemes)

The owners corporation in a Strata Scheme may add to existing common property by leasing land. See section 25 Strata Schemes Development Act 2015.

The land in the lease:

  • must comprise a lot(s) in a current deposited plan,
  • must be contiguous with the common property parcel,
  • must be Real Property Act land,
  • cannot be Qualified or Limited Torrens Title, and
  • cannot be held as a Perpetual Lease from the Crown.

Where a plan does not exist, it will be necessary to prepare a deposited plan as follows:

  • when the term of the lease, including any option for renewal, does not exceed five years, the plan must be a plan of survey defining only the land to be leased.
  • when the term of the lease, including any option for renewal, exceeds five years, the lease effects a subdivision within the meaning of s.7A(3) Conveyancing Act 1919.

The plan must be a plan of survey defining:

  • the land to be leased as one lot, and
  • the residue, if any, of the lot from which the land is leased, as a separate lot.

Unlike a plan for purchase purposes, the plan must not show the existing common property and the leased land as a single lot. Further, the plan:

Lease of additional association land (Community Schemes)

Association property comprised in community schemes, precinct schemes and neighbourhood schemes created under the Community Land Development Act 1989 may be leased. See Registrar General's Guidelines for Community Schemes.