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

Completing a survey certificate

The survey certificate is provided as Form 1 of Schedule 6 Surveying and Spatial Information Regulation 2017. The certificate must be completed by a registered land surveyor to certify that the land was surveyed or compiled in accordance with the Surveying and Spatial Information Regulation 2017. 

The guidelines below equally apply to the interactive forms that are available on the NSW LRS website, except that the interactive forms will automatically delete the non-applicable options once the applicable item has been selected, negating the requirement for them to be struck through.

The survey certificate can be created using the Digital Form builder through NSW LRS Connect or included on Plan form 6. The certificate should be completed as follows:

  • after “I,” insert the surveyor’s full name

  • after “of” insert either the surveyor’s address or the firm for which they work.

If the plan is for a full survey:

  • strike through parts (b) and (c) and

  • insert the date the survey was completed within part (a).

If the plan is for a partial survey:

  • strike through parts (a) and (c)

  • indicate the land the subject of the survey by striking through “being” or stating the land not surveyed or striking though “excluding” and indicating the land surveyed and

  • insert the date the survey was completed.

If the plan is a compiled plan, strike through parts (a) and (b).

If the plan is a survey plan, insert the distinguishing characters which identify the terminals of the datum line on the plan.
Indicate whether the land is “Urban” or “Rural” by striking through the inapplicable word.

If the plan is a full survey plan or a compiled plan, strike through “Level-Undulating / Steep-Mountainous”.

If the plan is a partial survey plan, indicate whether the plan is “Level-Undulating” or “Steep-Mountainous” by striking through the inapplicable words.

Sign the certificate and insert the date it was signed.

Insert the Surveyor ID as provided by the Board of Surveying and Spatial Information of NSW.

Surveys not requiring strict accuracy

If the survey is made in accordance with clause 9 Surveying and Spatial Information Regulation 2017, the Survey Certificate on Plan form 6 should be struck through and a certificate as provided by Form 2 of Schedule 6 Surveying and Spatial Information Regulation 2017 should be endorsed on another page of the Administration Sheets. The certificate should be completed, signed and dated.

Certificate of Currency

Clause 31 Conveyancing (General) Regulation 2018 provides that a plan of survey cannot be lodged more than 2 years after the date of completion of the survey as shown in the survey certificate, unless the plan is accompanied by a Certificate of Currency. A Certificate of Currency can be generated through the Digital Form builder on the NSW LRS Connect portal, or else may be provided on Plan Form 6 CC. This form should be printed, completed by the registered surveyor and added as a sheet of the Administration Sheets.

Any Certificate of Currency signed more than 2 years before the date of lodgment of the plan will not be accepted and will require a new Certificate of Currency notifying that the requirements of Clause 31 have been met.

There may be circumstances where a surveyor cannot attest to item (b) in the Certificate of Currency. In this case, NSW LRS will allow an exemption to this requirement only if the Surveyor General has first approved the exemption and the approval is lodged with the plan. Applications to the Surveyor General, together with evidence to support why the requirement cannot be satisfied, should be made at Spatial Services.

The Certificate of Currency will apply to all deposited plans of survey, excluding survey information only plans, strata plans and compiled plans.

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