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

Plans of redefinition

Where the dimensions, area or other information pertaining to a lot in a current plan are found to be unreliable or incomplete, a plan of redefinition may be lodged at NSW LRS to accurately define the subject parcel by survey. A plan of redefinition may be required in the following cases:

  • to provide a survey definition for lots or residue parcels that are currently defined by compilation.
  • where a surveyor has identified an excess/shortage of land that is to be included/excluded from a single title or otherwise apportioned across multiple titles.
  • where the survey definition of the current base plan may be uncertain or unreliable, in particular three and four figure deposited plans whose original markings cannot be traced to the current cadastre.
  • when the current plan is not a satisfactory base plan for a strata development – see Requirements for a strata plan page
  • to include land accreted to (or exclude land eroded from) a riparian, littoral or other natural boundary via natural, gradual and imperceptible processes – see Accretion and erosion page

If the redefined boundaries are not natural boundaries, the consent of the adjoining owner is generally not required to be furnished with the plan. In exceptional cases, NSW LRS may send notice of the redefinition plan to that owner. If no objection is made and the plan is otherwise in order, the plan will be registered.

Where the redefinition includes a change in the location of a natural boundary, the consent of the adjoining owner will generally be required – see Approvals and consents to natural boundaries page.

In all cases the plan must be one of survey and would typically be accompanied by a report indicating the surveyor’s reasons for defining the boundaries in the manner shown in the plan. It is strongly recommended that the plan of redefinition be lodged in the appropriate form prior to the commencement of any construction or other works that may require local council consent.

NOTE: An easement plan may only define the site of an easement in relation to existing parcel boundaries, not the remaining parcel boundaries, and therefore may not be used for redefinition.