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

Strata schemes

The Registrar General's Guidelines for Strata Schemes are an initiative of NSW Land Registry Services (NSW LRS). Their intention is to establish NSW LRS requirements for strata scheme plans and thereby reduce delays by minimising the raising of requisitions on documents lodged for registration. The guidelines are based upon the requirements of the legislation and the Lodgment Rules. They set out information needed by surveyors, solicitors and others in the preparation of strata scheme plans and associated instruments.

What is a strata scheme?

All strata schemes are depicted in strata plans. The strata plan is a subdivision of a parcel of Real Property land into separate lots and common property. Strata plans differ from conventional subdivisions in various ways:

  • all lots are defined as a cubic space and must be limited in height and depth.
  • every strata plan must have a building on the parcel.
  • the lots are defined on the floor plan by the building or other permanent structures within the parcel.
  • everything within the parcel which does not form part of a lot is common property.
  • it is the responsibility of the owners corporation to maintain and repair common property.
  • the owners corporation is a body corporate of all of the lot owners in a scheme.
  • each lot in a strata plan is allocated a unit entitlement based upon its value relative to the other lots in the scheme. The unit entitlement represents that lot's share of the common property.

Legislation

With regard to strata plans in NSW LRS, the relevant legislation includes, but is not limited to, the following:


For more information for Plans and Titling contact plan-info@nswlrs.com.au

 

Go to NSW Legislation website www.legislation.nsw.gov.au/