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

Retirement Village Memorandum

This memorandum is required for leases of premises in a retirement village with a term exceeding 25 years. It requires the following annexures:

  • A plan setting out the location of the individual lettable premises (villa, unit etc) within the retirement village and
  • A schedule listing and identifying all lettable premises (corresponding with the details in the plan) within the retirement village.

The Memorandum must be lodged prior to the lodgment of the lease.

Request form 11RM
 
Dealing type - RM

Legislation - Section 80A Real Property Act 1900 and clause 9(2) Real Property Regulation 2019

Stamp duty - not required

Certificate of Title - not required

NOS form - not required

Standard form of Caveat - does not prevent registration.

(A) The reference to title for the land affected by the memorandum must be stated.

(B) The details of the person or firm lodging the memorandum at Land Registry Services
must be entered.

(C) The full name of the applicant must be stated. If the applicant is a corporation, the ABN, ACN or ARBN must be stated.

(D) The number of pages in the memorandum including the cover sheet page must be stated.

The pages containing the text of the provisions must be numbered consecutively from number 2.

For more information, see Retirement villages.

Note: Any subsequent memorandum must include a plan and a schedule listing and identifying all lettable premises within the retirement village

Note: Premises contained in a previous plan annexed to a memorandum may be renumbered, but only if no current leases  are registered over those premises. A plan annexed to a memorandum showing the renumbered premises will be required.

Note: Leases lodged over the Retirement Village must clearly identify the lettable premises and correspond with the most current memorandum. Any lettable premises, including garage, carport, storage room etc. should be shown on the memorandum plan.

An extra fee is payable for the plan annexed to this dealing.

(E) The memorandum must be signed by the applicant or the applicant's representative.
 
Refer to SD2

Registration procedure

Computer folio:

TRANSACTION    ON

PRIME CODE        RVLM

DETAILS             [type of site] Numbered......

Prepare a Departmental Dealing to record the Memorandum in the Second Schedule after the RVT code (Retirement Village) notification and before all other Second Schedule notifications.

TRANSACTION            OFF

PRIME CODE                RVLM

ADD. TRANSACTION  BFOR

PRIME CODE                code of the first notification to follow the new Memorandum notification

PRIME NUMBER           number of the first notification to follow the new Memorandum notification

ON

PRIME CODE               RVLM

PRIME NUMBER          number of new Memorandum

DETAILS [type of site] Numbered......

Manual folio:  Send to SD2.

CRV charting

For the new memorandum:

ADD NEW NOTE:  "[name] Retirement Village. [type of site] numbered ... shown in plan with Memorandum [number].

For a subsequent Memorandum:

ADD TO EXISTING NOTE:  [type of site] numbered ... shown in plan with Memorandum [number].

Where a Memorandum replaces a previous Memorandum:

EDIT EXISTING NOTE:  (delete reference to previous Memorandum).

Renumbered sites

If a site is currently leased it may not be renumbered.

For a memorandum that renumbers some sites shown in a previous Memorandum:

Computer folio:

TRANSACTION   UNDR

PRIME CODE       RVLM

PRIME NUMBER  number of previous Memorandum

SUB-CODE    UA

DETAILS    [type of site] Numbered ... In Memorandum Have Been Renumbered - See Memorandum ...

Prepare a Departmental Dealing to record the Memorandum in the Second Schedule after the RVT code (Retirement Village) notification and before all other Second Schedule notifications.

TRANSACTION  BFOR

PRIME CODE      code of the first notification to follow the new Memorandum notification

PRIME NUMBER number of the first notification to follow the new Memorandum notification

ON

PRIME CODE      RVLM

PRIME NUMBER    number of new Memorandum

DETAILS  [type of site]  Numbered......

Manual folio:  Send to SD2.

CRV charting

For the new memorandum:

ADD TO EXISTING NOTE:  [type of site] numbered ... shown in plan with Memorandum [number] has renumbered sites [type of site] numbered ... in Memorandum ...

For a memorandum that renumbers all sites shown in a previous Memorandum:

Computer folio:

TRANSACTION    OFF

PRIME CODE        RVLM

PRIME NUMBER    number of Memorandum.

Prepare a Departmental Dealing to record the Memorandum in the Second Schedule after the RVT code (Retirement Village) notification and before all other Second Schedule notifications.

TRANSACTION    BFOR

PRIME CODE        code of the first notification to follow the new Memorandum notification

PRIME NUMBER   number of the first notification to follow the new Memorandum notification

ON

PRIME CODE     RVLM

PRIME NUMBER    number of new Memorandum

DETAILS    [type of site] Numbered......

Manual folio:  Send to SD2.

CRV Charting

For the new memorandum:

EDIT EXISTING NOTE:  (delete reference to previous Memorandum).

ADD NEW NOTE:  "[name] Retirement Village. [type of site] numbered ... shown in plan with Memorandum [number].

Note

  • where an "AA" code has been used to record "Retirement Village" replace with the notification code "RVT".
  • where an "AA" code has been used to record a previous Memorandum replace with the notification code "RVLM".
  • when noting a Memorandum in the CRV the Retirement Village name and previously recorded Memorandum must also be noted.