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

General requirements

A plan of subdivision, other than one lodged by the Commonwealth, cannot be registered in NSW LRS unless it has a Subdivision Certificate issued under the provisions of the:

  • Local Government Act 1919 if dated prior to 1 July 1998
  • section 109J Environmental Planning and Assessment Act 1979 if dated on or after 1 July 1998 or
  • section 6.15 Environmental Planning and Assessment Act 1979 if dated on or after 1 December 2019.

see section 195C(1)(e) Conveyancing Act 1919.

This applies to all land in NSW irrespective of whether it is:

  • owned by a government or statutory authority or by a private person
  • held as Torrens title, Old System or Crown Title or
  • held under a perpetual lease including a Western Division Perpetual Leasehold Title.

This requirement includes government and statutory authorities that traditionally did not require council's consent to their plans.

The Administration Sheet of a new deposited plan must incorporate a Subdivision Certificate. 

A Subdivision Certificate may be issued by:

  • a consent authority - where the subdivision has development consent
  • the council - where the subdivision does not need development consent or where the council is itself the consent authority
  • the Crown or prescribed person (or any person acting on their behalf) - where the subdivision is carried out by or on behalf of the Crown or the prescribed person
  • aregistered  certifier - where the subdivision is identified in an environmental planning instrument as one which may be authorised by a registered certifier see section 6.5(3) Environmental Planning and Assessment Act 1979.

A certifying authority must be satisfied as to the matters specified in section 6.15 Environmental Planning and Assessment Act 1979, before issuing a Subdivision Certificate.

Signing the certificate

The Subdivision Certificate must be completed with the following information:

  • the signatory to the Subdivision Certificate must qualify their authority by striking out the inappropriate titles directly under their signature. The signatory must be:
    • an authorised person of the consent authority, which issued the development consent
    • an authorised officer of the local council
    • an authorised officer of the Crown being an officer of the government department or statutory authority whose enabling Act includes the right to own and deal with Crown land, or
    • a Registered Certifier.
  • the identity of the authority must be stated, e.g. council, Rail Corporation New South Wales (RailCorp), Sydney Water, Transport for NSW (formerly Roads and Maritime Services and its predecessors) , NSW Land and Housing Corporation etc. If signed by a Registered Certifier they will write 'Registered Certifier' in this space
  • all certifiers must include their Registration/Certification number
  • the file number given to the application by a council, government authority or registered certifier must be shown. This includes any internal file number utilised by a Crown authority.
 

NOTE: From 1 December 2019, section 6.15 of the Environmental Planning and Assessment Act 1979 has replaced section 109J of that Act. All Subdivision Certificates that are lodged with NSW LRS dated on or after 1 December 2019 must use the updated Administration Sheet. Subdivision Certificates dated prior to 1 December 2019 do not need to use the new Administration Sheet in order to be lodged, examined and registered by NSW LRS. 

Old plan forms

If a new subdivision plan has been prepared on a superseded plan form incorporating a council certificate panel it will be accepted for lodgment in NSW LRS provided written evidence from the council or consent authority is supplied indicating that either:

  • the plan was executed under section 6.15 Environmental Planning and Assessment Act 1979 or
  • development consent was granted on or before 30 June 1998.

A statement must be added to the plan by the registered surveyor, as follows:

EVIDENCE THAT THE ORIGINAL DEVELOPMENT CONSENT WAS GRANTED ON OR BEFORE 30 JUNE 1998 PRODUCED

An old plan that was prepared, signed and dated by a registered surveyor and consented to, signed and dated by a local council under prior legislation may be accepted for lodgment provided it conforms with legislative requirements that were in place at the time the plan was prepared. Other requirements for completing a survey certificate may apply. Where the plan is over 2 years old, a Certificate of Currency must accompany the plan.

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