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

Where can I find the by laws?

To answer this question you must know the date of registration of the plan which is found on Sheet 1 of the registered strata plan. A copy of the registered strata plan can be purchased from NSW LRS’ approved information brokers or by attending NSW LRS in person.

NOTE: Any change of by-law must now be lodged in the form of a consolidated version (see “Consolidation of by-laws” below). In addition,  the secretary of the owners corporation must keep a consolidated list in accordance with section 141(6) of the Strata Schemes Management Act 2015 (the Act).

When your strata scheme was registered, the by-laws which apply to your strata scheme were recorded in the second schedule of the folio of the Register for the Common Property.  Any changes (amendments, additions or repeals) to those by-laws must be approved by a special resolution of the owners corporation under section 141(1) of the Act. A consolidated version of all of the by-laws affecting the strata scheme that includes the changes approved by the owners corporation must, within 6 months of the special resolution, be lodged with NSW LRS under section 141(3) of the Act attached to a Consolidation/Change of By-laws dealing. That dealing will be recorded in the second schedule of the folio of the Register for the Common Property and will replace any current recordings on the folio relating to the by-laws for the scheme.

A copy of the folio of the Register for the Common Property, the Common Property by-laws applying to the strata scheme and any registered changes of by-laws, and consolidated versions of by-laws can be purchased from NSW LRS’ approved information brokers or by attending NSW LRS in person.

For strata schemes where the plan was registered prior to 1 July 1997

The by-laws are set out in Schedule 2 of the Strata Schemes Management Regulation 2016 together with any consolidation/change of by-laws registered on the folio of the Register for the Common Property..

For strata schemes where the plan was registered on or after 1 July 1997 but before 30 November 2016

The by-laws adopted by or lodged with the strata scheme are as nominated on the strata plan. The folio of the Register for the Common Property will bear a notification in the second schedule referring to the nominated by-laws as well as any registered change of by-laws.

If a set of model by-laws (e.g. residential schemes/industrial schemes) have been adopted, the folio of the Register for the Common Property will also indicate which set of by-laws have been adopted. 

Model by-laws which govern strata schemes that came into existence on or after 1 July 1997 are as follows:

Where applicable, the folio of the Register for the Common Property will also indicate which option in relation to the keeping of animals has been selected.

For strata schemes where the plan was registered on or after 30 November 2016

The by-laws adopted by or lodged with the strata scheme are as nominated on the strata plan. Schedule 3 Strata Schemes Management Regulation 2016 provides model by-laws for residential strata schemes which may be adopted. Where the model by-laws have been adopted, the folio of the Register for the Common Property will indicate which option in relation to the keeping of animals and smoke penetration has been selected. 
The folio of the Register for the Common Property will bear a notification in the second schedule referring to the nominated by-laws as well as any registered change of by-laws.

Consolidation of By-laws

The Strata Schemes Development Act 2015, now requires that any change of by-law must be lodged in the form of a consolidated version (see clause 24 Strata Schemes Development Regulation 2016). This ensures that all by-laws (those adopted by or lodged with the strata scheme, together with any changes to those by-laws) affecting the strata scheme are available in one readily accessible instrument. See Consolidation of By-Laws.

Publication Date: May 2024