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 (PDF 150 KB)

Dealing type -  R

Legislation - s 15 Community Land Development Act 1989

Stamp duty - not required

Certificate of Title - required for the Association property, i.e. lot 1 in the Community or Precinct scheme, and the lot being severed.

NOS form - not required

Standard form of Caveat - prevents registration.

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

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

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

A replacement plan sheet for the altered unit entitlement after severance of the lot must be attached to the dealing.

See Community Title 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 Order of the Supreme Court, the full name of the successful applicant for the 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 Order of Court must be stated, if applicable. An office copy of the Order of Court must be annexed to the dealing.

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

(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:

  • 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.

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 Local Council must be stated.

(I) An authorised officer of the Local Council must sign the certificate. The full name and capacity of the authorised officer must be stated.

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [68.255].

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.