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

How can an Owners' Corporation identify common property in a strata scheme?

Common property is defined in the Strata Schemes Development Act 2015 as follows: 

common property, in relation to a strata scheme or a proposed strata scheme, means any  part of a parcel that is not comprised in a lot (including any common infrastructure that is not part of a lot).

 For more information on interpreting strata plans, see What is common property?

The strata plan itself may not always resolve owner corporation uncertainty about the maintenance, repair or replacement of items or areas contained in a strata scheme. The Strata Schemes Management Act 2015 includes provisions relating to the maintenance and repair of common property, including that the original owner must cause an initial maintenance schedule to be prepared for the maintenance of the common property of the strata scheme (s. 115).  Reference should also be made to the property management provisions found in Part 6 Division 1 of the Act.

Adopting a common property memorandum

Section 107 of the Strata Schemes Management Act 2015 provides that the by-laws for a strata scheme may adopt a common property memorandum as prescribed by the Strata Schemes Management Regulation 2016. The Memorandum specifies whether an owner of a lot or the owners corporation is responsible for the maintenance, repair or replacement of any part of the common property. 

More information on the common property memorandum is available on the NSW Fair Trading website. 

Lodgment of the Consolidation/Change of By-Laws form 15CH should be used for this purpose.