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

Termination of a strata scheme

Form  15ST (PDF 250 KB)

Dealing type - ST

Legislation - s142-147 Strata Schemes Development) Act 2015

Stamp duty - required if the applicant requests the creation of a folio of the Torrens Title Register other than in the names of the proprietors of the former lots as tenants in common in shares proportional to the unit entitlement of their lots. 

Not required where the new folio of the Torrens Title Register will be created in the names of the proprietors of the former lots as tenants in common in shares proportional to the unit entitlement of their lots.

NOS form - the NOS form must remain with the application. Panels 1, 2, 3B and 5 require completion.

Standard form of Caveat - prevents registration. The written consent of the caveator under any caveat affecting the Strata scheme is required.

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

(A) The references to title for the common property and all the lots in the Strata scheme must be stated. The number of the Strata scheme must be stated.

(C) The full name of the applicant must be stated. The applicant may be:

  • any registered proprietor of a lot in the scheme
  • a mortgagee or covenant chargee of a lot in the scheme or
  • the Owners Corporation.

(D) Details of the title(s) to issue in place of the Strata scheme must be stated.

(E) The type, registered number, full name of the current lessee, mortgagee or chargee, covenant chargee and the lot number affected to be carried forward on the title(s) to issue must be stated. Special instructions as regards the titles affected etc may be stated.

(F) The evidence as stated on the form must be furnished.

The applicant must, at least 14 days but not more than 6 months before the application is made, publish a notice containing details of the scheme proposed to be terminated, and a statement of intention to make the application:

  • in a daily newspaper circulating generally in the State and
  • in a local newspaper circulating generally in the area in which the parcel is situated.

NOTE: If there is no local newspaper circulating generally in the area in which the parcel is situated, then applicants must email ldr@nswlrs.com.au and obtain a waiver to allow for the notice to be published in another form (eg in an online version of the newspaper).

A statutory declaration is required stating that the notice of application was advertised as required. Copies of the advertisements must be attached to the statutory declaration.

A statutory declaration by the applicant is required stating that:

  • the declarant has the authority and knowledge to make the declaration
  • all debts of the Owners Corporation have been paid
  • there are no outstanding claims against the funds of the Strata scheme
  • the Owners Corporation has, by unanimous resolution, agreed on the division of the moneys in the administrative and sinking funds
  • the Strata scheme is not subject to a strata development contract and
  • all unregistered estates or interests affecting the Strata scheme have been disclosed. Details of those estates or interests must be included.

(G) 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.

(H) The term that does not apply must be deleted and verified.

(I) The dealing must be executed by the applicant and be witnessed, or be executed on their behalf as follows:

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

The lot number must be stated. The dealing must be executed by the registered proprietors of the lots in the Strata scheme and be witnessed, or be executed on their behalf as follows:

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

See execution requirements for companies, witnesses etc.

The application must be signed by all lessees, mortgagees, covenant chargees or chargees if required. Where the scheme is a leasehold strata scheme, the application must also be signed by the lessor of the scheme as defined in the Strata Schemes Development Act 2015.

Note  A statutory declaration may be lodged with the dealing requesting that a party's signature be dispensed with.

(J) The application must be executed by the relevant planning authority. The full name of the planning authority must be stated and the number of the Strata scheme must be stated. The full name of the officer executing the application,  the capacity of the person signing must be stated and the legislative authority must be stated.

Planning authority is defined in section 4 Strata Scheme Development Act 2015.

For a variation or termination of a Strata scheme by Order of the Supreme Court, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [545.700].

Staff processing information

Refer to Legal through the Senior Examining Officer, then to SM99.

All evidence lodged must be filmed with the minute papers, and the minute papers retained permanently. 

Note  The NOS form must remain with the case.
 

Publication Date: March 2024