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

Add land to a scheme

The owners corporation may acquire additional land and add it to the common property of the scheme. See sections 25 and 26 Strata Schemes Development Act 2015.

By Lease

The owners corporation of a freehold or leasehold strata scheme may, by special resolution, accept a lease or sublease, or a transfer of lease or sublease, of land. The following applies:

  • The land is contiguous to the strata parcel, or the owners corporation considers the land is otherwise relevant to the scheme (whether or not the land is within the parcel or is contiguous to the parcel).
  • The land to be leased must not be subject to any mortgage, charge, covenant charge or writ. Any mortgage, charge, covenant charge or writ affecting the land must be released it before the registration of the lease.
  • If the strata scheme is a leasehold strata scheme, the term of the lease or sublease must not expire after the term of the lease of the common property.
  • The lease must be accompanied by a certificate from the owners corporation in Approved Form 13.
  • The lease must be executed by the owners corporation by affixing the seal and including the attestation clause as provided in Approved Form 23.

By Transfer

The owners corporation of a freehold strata scheme may, by special resolution, accept a transfer of land. The following applies:

  • The land must be contiguous to the strata parcel.
  • The land to be added must be defined in a current deposited plan
  • The plan may be a subdivision or consolidation showing the land to be added and the parcel as a single lot. 
  • The land to be added must not be subject to any mortgage, charge, covenant charge or writ. Any mortgage, charge, covenant charge or writ affecting the land must be released it before the registration of the transfer.
  • The transfer must be accompanied by a certificate from the owners corporation in Approved Form 13.
  • The administration sheet of the plan must be executed by:
    • the owners corporation by affixing the seal and including the attestation clause as provided in Approved Form 23. 
    • the registered proprietors of the land to be added.
  • If the strata scheme forms part of a community scheme, appropriate dealings under the Community Land Development Act 2021 may be additionally required.

More information

See our Land dealing information on Transfer requirements