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

Amendment of development contract

Form 21CSD 

Dealing type - CS

Legislation - section 50 Community Land Development Act 2021

Stamp duty - not required

NOS form - not required

Standard form of Caveat - prevents registration.

Priority Notice noted on the Register - see Priority Notice page.

See also Amendment of management statement and Community schemes.

NOTE: This dealing type must be lodged electronically as a Dealing with Exception in accordance with the Lodgment Rules.

(A) The reference to title for the Association property must be stated, i.e. lot 1 in the Community Title scheme.

(C) The full name of the developer must be stated.

The type and deposited plan number of the scheme must be stated.

(D) The full name of the appropriate consent authority must be stated.

(E) The clauses that do not apply must be deleted and verified.

A full copy of the amendment or a sealed copy of the Court Order must be attached to the dealing.

(F) The dealing must be executed by the applicant and be witnessed.

(G) The Deposited plan number of the scheme must be stated.

The common seal of the Community/Neighbourhood/Precinct Association must be affixed. The full name of the person witnessing the affixing of the common seal and the date must be stated. The person attesting may be:

  • the proprietor where only one proprietor constitutes the Association
  • both proprietors where two proprietors constitute the Association
  • two proprietors or members of the Executive Committee determined by the Association where there are more than two proprietors; the secretary and any other member of the Executive Committee where no determination has been made and there are more than two proprietors or
  • a managing agent engaged by the Association.

NOTE: The approval of the relevant association must be by:

  • unanimous resolution- if the proposed amendment involves a change in:
    • the basic architectural or landscaping design of the development or
    • the essence or theme of the development
  • resolution, if the proposed amendment gives effect only to:
    • a change in law or
    • a change in the requirements of the planning agreement
  • special resolution in any other case (see section 50(3) Community Land Development Act 2021).

(H) The consent of the appropriate authority must be signed and dated by an authorised officer. The full name and capacity of the officer must be stated.

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

Staff processing information

Refer to N50