Dealing type - CE
Legislation - section 24 Community Land Development Act 2021
Stamp duty - not Required
NOS form - required. Panels 1, 2, 3B and 5 require completion.
Standard form of Caveat - prevents registration.
Priority Notice noted on the Register - see Priority Notice page.
The folio for the lot being converted must be free from all relevant interests including a lease, mortgage, charge, covenant charge or caveat.
NOTE: This dealing type must be lodged electronically as a Dealing with Exception in accordance with the Lodgment Rules.
A replacement plan sheet with:
- the altered unit entitlement for the affected scheme and
- a plan that illustrates the altered boundaries of the Association property,
must be lodged as a deposited plan.
See Community schemes pages.
(A) The reference to title for the lot being converted must be stated.
(C) The full name of the registered proprietor of the affected lot must be stated and be identical to the name as shown on the Register.
(D) The type and Deposited plan number of the scheme must be stated.
(E) The clause that does not apply must be deleted and verified. The date of the Court Order must be stated, if applicable. A sealed copy of the Court Order must be annexed to the dealing.
(F) The dealing must be executed by the registered proprietor and be witnessed, or be executed on the registered proprietor's behalf as follows:
||Attorney and witnessed
||Solicitor or Barrister
||Authorised Officer and witnessed
See execution requirements for companies, witnesses etc. pages
(G) The details of the sheet containing the new schedule of unit entitlements must be stated.
(H) This clause only applies where the applicant is a developer defined the Dictionary Community Land Development Act 2021 and the lot is in a Neighbourhood scheme. The clause must be deleted and verified in all other cases.
NOTE: Where the original proprietor is the proprietor of the lot in a Neighbourhood scheme being converted, the instrument must not be registered unless
- the initial period has expired.
- there is a development contract in force and the instrument is in accordance with the contract or
- the conversion has been authorised by the Tribunal.
The dealing must be accompanied by a certificate under the seal of the relevant association to the effect that it, has by special resolution consented to the conversion and the new schedule of unit entitlement.
The date of the affixing of the common seal of the Community/Neighbourhood/Precinct Association must be stated. The full name of the person witnessing the affixing of the common seal must be stated. The person attesting may be:
a member or members or the managing agent of the association, where the association only has 1 or 2 members
two people nominated by the association or where there is no nomination the secretary of the association’s committee and any other member of the committee or the managing agent of the association
(I) The full name of the planning authority must be stated.
(J) This clause may be deleted if not applicable.
(K) This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to NSW LRS through the eNOS facility.
An authorised officer of the planning authority must sign the certificate. The full name and capacity of the authorised officer must be stated.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/
Staff processing information
Refer to SM99 then to N50
Except for the following
Refer to LEG99 then to N50
Where conversion is pursuant to a Supreme Court order.
Proceed with registration as directed.
Lot being converted
PRIME CODE ZZ
DETAILS Lot Now Converted To Association Property And Is Now Comprised In 1/[plan number].
DELIVERY DETAILS NOCT.
Association property title
ADD. TRANSACTION ON
PRIME CODE CN [Notice of conversion now includes]
DETAILS (as directed by ND Section) Lot__ DP__
DELIVERY DETAILS NOCT for DP