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

Plans annexed

Plan annexed not used to define land affected

A plan annexed to a Real Property Act dealing (including a plan that is contained within an annexure) and not referred to in the Land Description panel or operative clause of the dealing must satisfy the following requirements before the dealing will be accepted for lodgment.  The plan must:

  • be page numbered as for an annexure
  • be suitable for scanning, i.e. a minimum of 10 point for numbers or text and
  • not use colour (hatching and cross-hatching is acceptable providing text is not obscured).

A full plan of survey is not acceptable as an annexure to a dealing.

A registered plan must not be annexed to a dealing or caveat.

A plan fee is not payable for a plan annexed to a dealing (a plan may be comprised of more than 1 sheet) where the description of the affected land, premises, easement etc is not reliant on the plan.

Staff processing information

Where a plan fee is not charged the dealing may be registered if in order. The plan must be filmed with the dealing.

Plan annexed used to define land affected

A plan annexed to a Real Property Act dealing (including a plan that is contained within an annexure) and referred to in the Land Description panel or operative clause of the dealing must satisfy the following requirements before the dealing will be accepted for lodgment. The plan must:

  • be signed by all parties
  • be treated as an annexure
  • be page numbered as for an annexure
  • be suitable for scanning, i.e. a minimum of 10 point for numbers or text and
  • not use colour (hatching and cross-hatching is acceptable providing text is not obscured).
  • A full plan of survey is not acceptable as an annexure to a dealing.
  • A registered plan must not be annexed to a dealing or caveat.

Also see Schedule 3 of the Lodgment Rules.

A plan may be altered only by, or with the authority of, the person who prepared the plan.

A plan fee is payable for a plan annexed to a dealing (a plan may be comprised of more than 1 sheet) where the description of the affected land, premises, easement etc is reliant on the plan, except for a plan:

  • annexed to a Consolidation/Change Of By-laws form 15CH
  • that relates to a covenant, positive covenant or restriction on the use of land or
  • used solely to describe or explain terms contained within an agreement etc, e.g. a plan annexed to a transfer creating forestry rights used to describe fire trails, afforestation areas, fire breaks etc referred to in the agreement.

Staff processing information

A dealing with a plan annexed for which a plan fee has been assessed must be referred to SM99. The plan must be filmed with the dealing. If the plan satisfies the above requirements and the dealing is to be referred to SM99, the Examining Officer must initial, date and state the table number in the bottom left-hand corner of the back of the plan. For a plan annexed to:

  • a Caveat form 08X, accept for lodgment and refer to SM99
  • a Consolidation/Change of By-laws form 15CH, register if otherwise in order
  • a dealing and related to a covenant, positive covenant or restriction on the use of land, register if otherwise in order or
  • a Lease form 07L or Sublease form 07SL by a telecommunication body or of substation premises, accept for lodgment and refer to SM99.

A plan annexed to a dealing lodged by a private party must be approved by an Officer from Folio Management Section before accepting the dealing for lodgment.