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 requirements

Acquisition plans should comply with the normal requirements for a deposited plan. The following should also be noted:

Subdivision certificate

A subdivision certificate is not required for plans of acquisition. However, if the land being acquired already stands in the name of a statutory authority, the plan will constitute a subdivision of that parcel. Accordingly, the plan must bear subdivision consent by an authorised person of the authority.

Residue parcels as separate lots

Where the land proposed to be acquired is held under Torrens title the residue of each lot, allotment or portion must be shown as a separate lot. The boundaries of these residue parcels do not need to be surveyed.

The residue parcel of any Qualified and/or Limited Torrens title parcel should be shown as a compiled residue lot with all measurements deduced from the plan for the current title. If it is necessary to survey the residue parcel, the surveyor must:

  • clearly show the status of all occupations on, near, or representing all boundaries on the plan, and
  • establish that there is no evidence of occupations adverse to the owners/occupiers title.

Lots should be numbered consecutively starting with those intended to be acquired and then continuing for the residue parcels. The residue of any Crown Parcel or land in an Old System Deed need not be defined as a lot in the plan.