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

Plan types

Acquisition or resumption

These plans define either land or an easement to be acquired by a prescribed authority. The plan:

  • may be of survey or compilation
  • may be any combination of Torrens, Old System or Crown Title
  • must be lodged by or on behalf of a statutory authority
  • does not need to be signed by a certifier
  • must not be accompanied by an instrument pursuant to section 88B Conveyancing Act 1919.

Coal definition

These plans are lodged specifically to aid in the creation of a Torrens Title for coal ownership pursuant to the Coal Ownership (Restitution) Act 1990, and attract a lodgment fee equivalent to a dealing lodgment fee. The plan:

  • must be compiled
  • must be signed by the Delegate of the Minister of the Department of Planning, Industry and Environment (as the NSW Coal Compensation Board was abolished by the Coal Acquisition Legislation Repeal Act 2007)
  • should agree with the existing Torrens Title subdivision pattern. If it does not agree, the full plan lodgment fee will be charged
  • must bear a statement 'Lot.... is limited to coal'
  • should not bear a Subdivision Certificate.

Community Schemes

This plan type was introduced to fill the gap between conventional and strata subdivision. It allows communal property to be incorporated into a land subdivision.

Also see the Registrar General’s Guidelines for Community Schemes.

Consolidation

These plans combine two or more parcels of land into one parcel. The plan:

  • may include Torrens or Old System Title
  • must affect two or more contiguous parcels (unless evidence of council's acceptance to the consolidation of non-contiguous parcels is supplied)
  • must show bearings and distances for all boundaries
  • may be of survey or compilation
  • does not need to be signed by a certifier unless otherwise directed by the local council
  • if surveyed, must bear a signed certificate by the surveyor.

Crown Road Enclosure

These are plans prepared by Crown Lands to enable title creation for Crown boundary and reserve roads. These roads may be subject to an existing enclosure permit. The plan:

  • must be derived from the Cadastral Records Enquiry search
  • need not show dimensions (except the area(s) of any new lot(s))
  • must bear the consent of Crown Lands in the panel on the Administration Sheet
  • must be accompanied by a completed CL45-36 form directing the Registrar General to create a new Torrens Title
  • may be accompanied by a section 88B instrument to create any necessary easements, restrictions on the use of land etc.

Crown 'Torrens Title' issue 

These plans define the boundaries of Crown land parcels intended to be sold or leased. The plan:

  • may be of survey or compilation
  • if surveyed, must bear a signed certificate by the surveyor
  • must bear the consent of Crown Lands in the panel on the Administration Sheet
  • must be accompanied by a completed CL45-11 directing the Registrar General to create a new Torrens Title.

Delimitation

These are new plans redefining or otherwise dealing with a parcel subject to a limitation notification and must be plans of survey. The plan must:

  • re-establish the original deed boundaries and
  • compare these boundaries with existing occupations.

Departmental

These are plans prepared by NSW LRS, to give a parcel of land a unique identity. They are compiled plans and may be Torrens or Old System.

Easement

These are plans which define the site of an easement in relation to parcel boundaries. The easement may either be proposed (intended to be created by a dealing prepared subsequent to the registration of the plan) or be accompanied by a section 88B instrument (creating the easement on registration). A section 88B instrument can be created using the s88B Form Builder through NSW LRS Connect, or by completing the Interactive s88B form.
The plan:

  • may include Torrens, Old System or Crown Title
  • may be of survey or compilation
  • does not need to be signed by an accredited certifier
  • if surveyed, must bear a signed certificate by the surveyor.

Examination survey

Surveys undertaken by Office of the Registrar General surveyors to resolve anomalies in boundary definition. If appropriate, plans may be placed on public record. These plans are not used for title description or title issue.

Lease

These plans show land intended to be leased. The plan:

  • must be a survey plan if the term of the lease, including any option, is greater than five years
  • can be compiled and annexed to the lease document if the term of the lease, including any option, is five years or less.

NOTE:
The above dot points do not apply to a lease of premises.

The Conveyancing Act 1919 makes special provision for lease of caravan park and mobile home estate leases (Division 3B) and for forestry leases (Division 3). For more information see General purpose leases pages.

Pipeline

These are plans for the purpose of creating an easement for pipeline and are prepared in accordance with the Pipelines Act 1967 (section 20).  They define land and easements required for the construction and operation of the pipeline. The plan:

  • must be lodged by or on behalf of the Minister for Energy and Environment
  • may initially be compiled for the purpose of obtaining a licence for construction, but must be replaced by a plan of survey
  • may create easements and restrictions by section 88A Conveyancing Act 1919 (see section 61 Pipelines Act 1967), and
  • if it effects a subdivision, must bear a certificate signed by a certifier.

Primary Application

A plan accompanying a primary application must be a plan of survey no more than 12 years old, subject to Certificate of Currency requirements. It may be a compilation based on a registered plan of survey no more than 12 years old. See also Conversion of Old System land.

Where the new plan of survey is over 2 years old, a Certificate of Currency must accompany the plan.
 

Redefinition

These plans define parcel boundaries as they exist today. The plan:

  • may include Torrens, Old System or Crown Title
  • must be a survey
  • must bear a signed certificate by the surveyor
  • does not need to be signed by a certifier.

Road

These plans define new roads intended to be created or existing roads intended to be closed (or both). The plan:

  • may be of survey or compilation
  • if surveyed, must bear a signed certificate by the surveyor
  • if includes proposed road closure lots, must bear Crown Lands’ consent and be accompanied by a completed CL45-36 form.

Strata schemes

These are plans which allow multiple occupancy and ownership within one parcel of land for the purpose of issuing individual titles in home unit and town house developments.

Also see the Registrar Generals Guidelines for Strata Schemes

Subdivision

Plans of subdivision divide a parcel of land into parts for separate use - also see Signatures required on plans. The plan:

  • may be of survey or compilation 
  • may include Torrens, Old System or Crown Title
  • must have an issued Subdivision Certificate - see section 6.15 Environmental Planning and Assessment Act 1979
  • if surveyed, must bear a signed certificate by the surveyor.

Surrender

These plans define boundaries of a parcel of land to be surrendered to the Crown. The plan:

  • may include Torrens or Old System land
  • may be of survey or compilation
  • if surveyed, must bear a signed certificate by the surveyor
  • does not need to be signed by a certifier
  • must bear the consent of Crown Lands in the panel on the Administration Sheet.

Survey information only

This plan category was introduced to allow surveyors to place survey information on public record. These plans are not 'current plans' within the meaning of section 7A Conveyancing Act 1919 and cannot be used for title description or title issue. The information shown may provide valuable evidence for the relocation of boundaries in future plans. The plan must: 

  • be of survey - purpose 'Survey Information Only' 
  • be prepared on a prescribed deposited plan form
  • have the following note endorsed on every sheet of the plan:

NOT INVESTIGATED IN NSW LRS. SURVEY INFORMATION ONLY. NOT TO BE USED FOR TITLE DESCRIPTION.

The plan must not 

  • redefine land parcels or land boundaries, show proposed subdivision boundaries or new lot numbers and areas
  • bear evidence of certifier’s certificate
  • bear a statement of intention to dedicate roads or to create reserves, easements, restrictions on the use of land or intentions as to any other matter or 
  • be accompanied by an instrument pursuant to section 88B Conveyancing Act 1919.

Lodgment requirements

  • the prescribed lodgment fee, the equivalent of a dealing fee, must be paid 
  • the plan must not be signed by any person other than the surveyor

Survey information only plans may also be prepared as a precursor to a compiled plan defining the boundaries of a lease for telecommunication site. 

For more information for Plans and Titling contact plan-info@nswlrs.com.au

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