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 lot owners swap car spaces?

This question is best answered using the following practical example:

  • In a strata scheme comprising 4 lots, each lot has a separate car space in the basement. The strata plan identifies each car space as being part of its respective lot
  • The owners of lots 1 and 2 wish to swap ownership of their car spaces.

Action required to give effect to the above example:

1. A registered surveyor should prepare a strata plan of subdivision to create 2 new lots (ie lots 5 and 6):

  • Lot 5 being the whole of the former lot 1 excluding its car space and including the car space of the former lot 2

  • Lot 6 being the whole of the former lot 2 excluding its car space and including the car space of the former lot 1

See below Diagram A being the initial strata plan and Diagram B being the strata plan of subdivision to action the car space swap
.
Diagram A: Initial Strata Plan

diagram-a.png

Diagram B: Strata Plan of Subdivision



2. The strata plan of subdivision requires the approval of the following parties:

  • The Council or a Registered Certifier who must complete the strata certificate. In this instance, a valuation certificate is not required to be endorsed on an administration sheet accompanying a strata plan of subdivision as it is not involving common property or a development lot

  • The registered proprietors of lots 1 and 2

  • Any party with a registered interest in lots 1 and 2 (ie Mortgagee, Caveators, Lessee etc)

3. The Owners Corporation is not required to execute the Administration sheet as registered proprietor.
 
4. An updated schedule of unit entitlements is required.

  1. Approved Form 12 certifying that the owners corporation has passed an ordinary resolution consenting to the subdivision:

  • if the Strata Certificate has been completed by a Registered Certifier, Approved Form 12 must be provided.

  • if the Strata Certificate has been completed by the local council, Approved Form 12 may be provided. However, if the certificate is not provided, the local council must send notice to the owners corporation as in Approved Form 15. In this instance, NSW LRS recommends that a copy of the completed Approved Form 15 be lodged as a letter with the strata plan as evidence.

 
6. If the original developer still owns either of the lots involved in the subdivision a certificate in accordance with Approved Form 10 must be lodged certifying that the initial period has expired (unless the folio of the Register for the common property already contains a notification indicating that the initial period has expired), or certifying the original developer still owns all the lots in the scheme.

7. Lodge the plan for registration in NSW LRS (appropriate lodgment fees will apply).

8. Registration of the plan results in the desired car spaces forming part of the relevant lot. However as the plan does not resolve the ownership of the car spaces, reciprocal transfers from each of the lot owners of their former car spaces should be lodged to resolve any dual ownership.

NOTE: The transfer documentation must be prepared by a solicitor or licensed conveyancer who will attend to the electronic lodgment of the documentation and (any) stamp duty payment requirements.

9. Any existing mortgage (or other registered interest) recorded on the titles of each of the two lots will also need to be addressed.

NOTE: While an alternative to this process is for the lot owners to lease their car spaces to each other or to create reciprocal easements over each others car space, neither of these actions would result in a change of ownership of the car spaces.

NOTE: A resolution of the Owners Corporation is not sufficient to swap the car spaces and the Owners Corporation cannot create a By Law to swap car spaces that are parts of lots.

NOTE: The above actions list is only to be used as a general guide and for general information only. More detailed information is available on the Subdivision of lots only page. The above example only applies where there is a straight swap of lots only with no common property involved. Additional requirements apply where proposed changes impact common property.

For further information see Administration Sheets (Strata Plan of Subdivision).

Publication Date: May 2024