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

Caravan parks and mobile home estates

Lease plans for caravan parks and mobile home estates are governed by sections 23H and 23I Conveyancing Act 1919. Section 23HConveyancing Act 1919 provides that a plan of subdivision for a lease of a caravan park or mobile home estate must have development consent to the subdivision.

Any lease must be in terms of a whole lot in the lease plan and must not, together with any option of renewal, exceed 20 years, see section 23I Conveyancing Act 1919.

The plan is not a current plan within the meaning of section 7A Conveyancing Act 1919 but the land shown as a lot in the plan may be leased and the leasehold interest may be dealt with without contravening the provisions of that section, see section 7A(3)(b) Conveyancing Act 1919.

Plan requirements

The plan requirements for a lease of a caravan park or mobile home estate are set out below:

  • the plan should comply with all Acts and Regulations (particularly the Conveyancing Act 1919, Conveyancing (General) Regulation 2018 and Surveying and Spatial Information Regulation 2017)
  • the plan should be prepared on either Plan form 1 (for plans prepared on A3 paper) or Plan form 2 (for plans prepared on A2 paper) and include an Administration Sheet Plan form 6B. These forms are available from the NSW LRS website under Deposited plans. Plans can also be lodged on LRS Connect.
  • subdivision consent should be obtained, see section 23H Conveyancing Act 1919
  • lots to be leased must be connected to satisfactory definitions of the boundaries
  • the residue of the title should not be shown as a separate lot
  • any easements and restrictions on the use of land may be shown as proposed to be created on registration of leases
  • s 88B easements, restrictions on use of land etc. will not apply
  • On registration of the plan no folio of the Register will be created. However, a dummy message will be shown upon a search of the folio of the Register stating:

'DP................ is a subdivision for lease purposes pursuant to Division 3B Conveyancing Act 1919. Fee is in ............ . Leasehold folio of the Register may issue on registration of lease'.

Example: DP839079 is an example of a movable home site subdivision at Evans Head.

NOTE: DP839079 is a historical plan and may not comply with all current legislation and guidelines.

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

Publish date: October 2023