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

Showing physical structures

A plan of survey must define and locate any substantial structure (e.g. building, retaining wall, fence etc.) that is located within one metre of the boundaries of the parcel or is otherwise relevant to the boundary definition (see clause 63(1)(e) Surveying and Spatial Services Regulation 2017).

The location of other physical structures (stormwater detention basins, bridges, heritage listed trees, gateways etc.) may be shown on the plan provided the plan remains legible and uncluttered. Any such site or structure must be fully defined by dimensions and connected by measurement to a corner of the parcel.

Ancillary pipes, conduits, cables, driveways and other associated works are considered 'works as executed' and must not be shown on the face of the plan. However, easements and/or covenants may be created for these services in the usual manner.

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