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

Instrument of severance

Form 21CIS 

Dealing type -  R

Legislation - section 19 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.

Only a development lot in a Community or Precinct scheme may be severed from the scheme.

The consent of any mortgagee, chargee or covenant chargee is required for a lot being severed.

A replacement plan sheet for the altered unit entitlement which complies with Schedule 3 Community Land Development Act 2021 after severance of the lot must be attached to the dealing.

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

See Community Schemes.

(A) The reference to title for the lot being severed must be stated. Only whole lots can be converted or severed.

(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; or where severance is pursuant to an Court Order, the full name of the successful applicant for the Court Order must be stated.

(D) The type and Deposited plan number of the Community or Precinct 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. An sealed copy of the  Court Order must be annexed to the dealing.

The details of the sheet containing the new schedule of unit entitlements must be stated.

The Applicant must provide the certification regarding any easements for access and services required by section 19 Community Land Development Act 2021.

NSW LRS may require further evidence be provided to show that all easements for access and services have been created if they are necessary.

(F) The dealing must be executed by the applicant and be witnessed, or be executed on the applicant's behalf as follows:

  Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Applicant Tick Cross Tick Cross

See execution requirements for companies, witnesses etc.

(G) The date of the affixing of the common seal of the Community or 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

Where a lot in a Precinct scheme is being severed, the common seals of the Community Association and the Precinct Association must be affixed to the dealing. The wording in marginal note (G) should be replicated in an annexure to the dealing so that the common seals of both Associations can be affixed.

(H) The full name of the planning authority must be stated.

(I) 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 Legal (mark to LEG99)

Registration procedure

Proceed with registration as directed.

Lot being severed


PRIME CODE    as directed by ND Section

AFFECTED NUMBER    leave field blank if no number is shown.

Association property title


PRIME CODE    as directed by ND Section

DETAILS    (as directed by ND Section).

DELIVERY DETAILS    as required.