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

Removal of a Retirement Village Notification

Form - 11R

Dealing type - R

Legislation - Section 24A Retirement Villages Act 1999. For further information about this section and other recent amendments to the Retirement Villages Act 1999 refer to the NSW Office of Fair Trading website.

Stamp Duty - not required.

Certificate of Title - not required.

NOS Form - not required.

Standard Form of Caveat - does not prevent registration.

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

(B) The number of the Torrens Title for the land on which the retirement village is located must be entered.

(E) The applicant must be the operator. The full name must be stated. If the operator is a corporation, add the ABN, ACN or ARBN.

(F) A short description of the nature of the request and relevant legislation must be stated.

(G) Full details of the request must be stated.

The request must be accompanied by a statutory declaration signed by the operator confirming that:

  • there are no residential premises located on the land to which the recording relates that are the subject of a village contract and
  • there are no amounts outstanding that are payable under a village contract relating to residential premises located on the land to which the recording relates.

(H) The request 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

Applicant

Tick

Tick

Tick

 See execution requirements for companies, witnesses etc.