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

Retirement villages

Leases of premises for units in a retirement village, which have a term in excess of 25 years, require the lodgment of a Memorandum with an annexed sketch plan setting out the location of the individual villa etc within the complex prior to lodgment of the lease.

The memorandum (and annexed plan) must comply with the following:

  • Schedule 4 of the Lodgment Rules.
  • The memorandum must include reference to the affected certificate of title.
  • All affected lot/plan numbers, within the current title boundaries must be shown on the plan.
  • The memorandum must describe the sites within the village on the plan. (Note: proposed future sites must not be included). The type and number of each site must be described in a schedule in the memorandum and be identical to those shown on the plan (i.e. Hostels 1-12, Apartments 1-12, Villas 1-12).
  • Any following Memorandum must include a plan and a schedule listing and identifying all letable premises within the Retirement Village.
  • The full name of the applicant and the number of pages in the memorandum must be stated.
  • The memorandum must be signed by the applicant or the applicant's representative.

Renumbering of the sites may be accepted in NSW LRS provided no leases have been registered over those sites.

The lease of the apartment/villa etc must clearly identify the site and be cross-referenced to the relevant plan annexed to the memorandum. The lease must specify all of the subject premises including any garage, carport, storage room etc. Where it is intended for the lease to include these structures they must also be identified in the plan annexed to the memorandum.