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

Lease of land for common property or association property

  • Section 25 (1) Strata Schemes Development Act 2015 authorises an owners corporation, to accept a lease or sublease, or a transfer of a lease or sublease, of land which is contiguous to the parcel or land the owners corporation considers is otherwise relevant to the scheme for the purpose of adding to the common property, and
  • section 16 Community Land Development Act 1989 authorises a community, neighbourhood or precinct association, to lease contiguous land for the purpose of adding to the association property.

For more information, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001: section 535.500 for strata schemes and section 68.210 for community, neighbourhood and precinct schemes. Also refer to the Registrar General’s Guidelines regarding leases generally.

The certificate of title for the common property or the association property must be lodged with the lease and the e-minutes must be noted accordingly (e.g. 'CP/SP12345 lodged and herewith').

Refer the dealing to SM99.