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

Release of Restriction on the Use of Land

This page aims to help you complete an electronic Release of Restriction on the Use of Land dealing form. This form records the release of a restriction on the use of land.

An owners corporation of a strata scheme may:

  • pursuant to a special resolution, release a restriction on the use of land that benefits common property or the whole parcel or
  • pursuant to a resolution, release a restriction on the use of land that burdens common property or the whole parcel. 

See section 34 Strata Schemes Development Act 2015.

The association of a community title scheme may, pursuant to an ordinary resolution, execute a dealing releasing a restriction on the use of land that burdens the community property or the whole of the community parcel. 

The association of a community title scheme may, pursuant to a special resolution, accept a dealing releasing a restriction on the use of land that benefits the community property or the whole of the community parcel. 

See section 30 Community Land Development Act 2021.

Release of a restriction created pursuant to section 88 Conveyancing Act 1919 

A restriction on the use of land created other than by section 88D or 88E Conveyancing Act 1919 or pursuant to section 5.56 Crown Land Management Act 2016 may be released by a deed of release or released by an agreement in writing between the parties. 

The applicant must be a party to the deed of release or agreement and the date of a deed of release must be stated. A true copy of the deed of release or the agreement must be uploaded as an attachment to the dealing. 

Release of a restriction created pursuant to section 88D Conveyancing Act 1919 

A restriction on the use of land created by section 88D Conveyancing Act 1919  may be released by way of an order from the prescribed authority entitled to enforce the restriction. 

The applicant must be the prescribed authority and the date of the order from the prescribed authority must be stated. A true copy of the order must be uploaded as an attachment to the dealing. 

Release of a restriction created pursuant to section 88E Conveyancing Act 1919 

A restriction on the use of land created by section 88E Conveyancing Act 1919 or pursuant to section 5.56 Crown Land Management Act 2016 may be released by the prescribed authority entitled to enforce the restriction. 

The applicant must be the prescribed authority (or the Minister administering the Crown Land Management Act 2016 for a release of restriction pursuant to section 5.56 Crown Lands Management Act 2016).

NOTE: The applicant must be represented in the workspace for this dealing form. 

Subscriber requirements

Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:

  1. verify their Client’s identity 
  2. establish their Client’s right to deal with the land 
  3. have a properly completed and executed Client Authorisation form and 
  4. retain evidence that supports the dealing (see Supporting Evidence below).

The Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement. 

For more information on these requirements see:

Residual Documents

Guide to complete

Legislation – section 88, section 88D(12) and section 88E(7) Conveyancing Act 1919.

Stamp Duty – not required.

Notice of Sale – not required.

Standard Form of Caveat – a caveat noted on the Register will not prevent the recording of a Release of Restriction on the Use of Land. 

Priority Notice Noted on the Register - see Priority Notice page for more information.

The following headings refer to the data fields which must be completed in order to lodge an electronic Release of Restriction on the Use of Land dealing form.

Land Title

Enter the land title reference(s) for the land burdened by the restriction.
 
Participant Details

Party Details – Party Name


Select the applicant being the prescribed authority or a party to the deed of release or agreement.

Document

Create Document – Select Other Documents.

Select Release of Restriction on the Use of Land. 

Applicant

Select the applicant being the prescribed authority or a party to the deed of release or agreement.

Evidence Date

Enter the date of the deed of release or the order from the prescribed authority.

Restriction Registration Number

Enter the registration number of the restriction.

Restriction Description

Enter the restriction description. You must include the restriction number referred to in the section 88B instrument and the accompanying DP reference, where applicable. Enter N/A where this is not applicable. 

Release of Restriction on the Use of Land

Select from one of the following:

  • SECTION 88 CONVEYANCING ACT 1919: The applicant applies to have a recording made in the Register of the deed of release of the restriction on the use of land annexed.
  • SECTION 88 CONVEYANCING ACT 1919: The applicant applies to have a recording made in the Register of the agreement releasing the restriction on the use of land annexed.
  • SECTION 88D(12) CONVEYANCING ACT 1919: The applicant, being the prescribed authority entitled to enforce the restriction on the use of land, applies to have a recording made in the Register of the order annexed releasing that restriction.
  • SECTION 88E(7) CONVEYANCING ACT 1919: The applicant, being the prescribed authority entitled to enforce the restriction on the use of land, releases that restriction and applies to have a recording made in the Register giving effect to the release.

Attachment

Attachment Type – Terms and Conditions

Attach the deed of release, agreement, a true copy of the order from the prescribed authority or other supporting evidence. 

Attachment Type – Approved Forms

Where the applicant or registered proprietor is the owners corporation of a strata scheme, the following certificates are required:

  • strata schemes Approved Form 14 where the owners corporation benefits from the dealing or
  • strata schemes Approved Form 13 where the owners corporation is burdened by the dealing and
  • strata schemes Approved Form 10  where the initial period is not shown as expired on the common property title.

Execution of the certificates must take the form as set out in strata schemes Approved Form 23.

Where the registered proprietor is the association of a community, precinct or neighbourhood scheme, a certificate in the form of Approved Form 21 (for a special resolution) or in the form of Approved Form 40 (for an ordinary resolution) is required. Execution of the certificate must take the form as set out in community title schemes Approved Form 18.

Attachment Type – Mortgagee’s Consent/Lessee’s Consent/Supporting Evidence 

The written consent of any lessee, mortgagee or chargee against whom the restriction is enforceable is required for a Release of Restriction on the Use of Land.

Supporting evidence

In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing.

The evidence that the Subscriber is required to retain to support a Release of Restriction on the Use of Land dealing form may include:

  • a true copy of the duly executed version of the document(s) uploaded as an attachment. 

Other forms of evidence may be acceptable and it is a matter for the Subscriber to be satisfied that they have met the requirements for the dealing. Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules.

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