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 plan of building alteration

A building alteration plan must be lodged when there has been a change in the manner in which a strata lot boundary is defined as a result of the removal of a structure or the building of a new structure, (see sections 19 and 20 Strata Schemes Development Act 2015 and sections 8 and 11 Strata Schemes Development Regulation 2016).
 
A building alteration plan cannot:
 

  • alter the position of a boundary. It can only alter the nature of the boundary from a structural boundary to a line boundary or from a line boundary to a structural boundary, or

  • define land (i.e. lots or common property).

 
NOTE: new boundaries and/or structures cannot be created within the lot e.g. extending the building following a renovation. In this instance, a strata plan of subdivision is required.

Administration Sheet

A strata plan of building alteration requires administrative information to be provided. The Administration Sheets contain various panels for the provision of this information.

The Administration Sheets for a strata plan of building alteration can be prepared using:

  • the Digital Form Builder through NSW LRS Connect,

  • by completing the Strata Plan Interactive form, or

  • by completing the individual sheets. The later process will always consist of at least 2 sheets, being Strata Plan Form 3.06 and Strata Plan Form 3.08. These sheets must be numbered as sheets 1, and 2 respectively. If there is insufficient space on sheet 2 for the information required, extra sheets may be added and must be numbered sequentially in the upper right corner.

The Administration Sheets are registered as part of the plan and when a copy of the registered plan is ordered, the Administration Sheets will also be provided.

Strata Plan Form 3.06

Strata Plan Form 3.06 will always be sheet 1 of the Administration Sheets for a strata plan of building alteration. It is the responsibility of the surveyor to complete all panels on this form except the Office Use Only panels which contain the strata plan number and registration details. All building alteration plans require a Surveyor’s Certificate.

Sheet numbering

Insert the total number of sheets of the Administration Sheets.

Strata plan number and registration details

These panels are for Office Use Only and should be left blank on plans lodged for registration.

NOTE: If the plan has a pre-allocated plan number or was pre-examined the strata plan number may be completed in font style Arial, Regular with a font size of 56.

Plan heading

The plan heading is the panel containing the words, “STRATA PLAN OF BUILDING ALTERATION REGARDING THE BOUNDARIES OF”. This must be completed by inserting the identity of the land which has boundaries affected by the building alteration. This may include lot(s) and common property.

LGA, Locality, Parish and County

The current Local Government Area, Locality, Parish and County should be shown in the appropriate position.

Refer to Cadastral Records Enquiry (CRE) or the Cadastral Records Viewer (CRV) to confirm the relevant Local Government Area, Locality, Parish and County boundaries and names. When there are multiple Local Government Areas, Parishes and/or Counties, administrative boundaries must be shown on the location plan.

Surveyor’s certificate

This panel must be completed and executed by a registered land surveyor. All appropriate information should be entered, and the inapplicable information must be struck through. The Certificate must be completed by:

  • inserting the name of the surveyor in the space after “I”,

  • inserting the name of the company the surveyor works for or where there is no company, the surveyor’s full address,

  • if the plan has been prepared because a structure has been demolished, striking through the inapplicable words (wall, floor, ceiling or common infrastructure) within item (1). Inserting the appropriate lot(s) and strata plan number(s),

  • if nothing has been demolished, striking though item (1) completely,

  • if the plan has been prepared because a structure has been constructed, striking through the inapplicable words (wall, floor or ceiling) within item (2). Inserting the appropriate lot(s) and strata plan number(s). Completing the appropriate parts of items (a), (b) and (c) or striking through if inapplicable,

  • if nothing has been constructed, striking though item (2) completely,

  • if the structure described in item (2) does not encroach on a parcel boundary, striking through item (3) completely,

  • if the structure described in item (2) does encroach on a parcel boundary, striking through item (a) or (b) within item (3) as appropriate. If item (b) is left intact, inserting the creating instrument for the easement. Striking through the inapplicable words (wall, floor or ceiling) as appropriate,

  • signing and dating the Certificate,

  • inserting the surveyor ID as allocated by BOSSI, and

  • inserting the surveyor’s reference (maximum of 25 characters). The reference must be identical to that shown on the plan to provide a link between the documents, with the exception of any information shown after the reference in brackets indicating a version number of the document.

Before execution, a surveyor must be satisfied that the plan complies with all the parts of the certificate. Attention is drawn to section 19 and Schedule 1 Strata Schemes Development Act 2015.

Strata Plan Form 3.08

This form must be numbered to follow Strata Plan Form 3.06 with all sheets in Strata Plan Form 3.08 being numbered sequentially. This form is to include the following information, if applicable:

  • any information which cannot fit in the appropriate panels of the preceding Administration Sheets and

  • signatures and seals which are required in accordance with section 22 Strata Schemes Development Act 2015. This includes any registered proprietors on either side of the subject boundary, the owners corporation (if the building alteration plan affects common property) and any other required parties.

A schedule of unit entitlements and a schedule of street addresses is not required for a strata plan of building alteration.

Location plan

A location plan is not required unless the new structure is within 2 metres of a parcel boundary.

Floor plan

The floor plan is prepared in the same manner as the original floor plan, see Schedules 10 and 12 of the Lodgment Rules. However, there are some other things to consider:

  • it is only required to show the relevant parts of lots and the adjoining information at applicable floor level,

  • in some circumstances it may be desirable to show the entire floor of a building, in order to clarify the location of lots,

  • the lot numbering must remain the same as the base strata lot,

  • it is not required to show areas,

  • boundaries previously defined by the face of a structure which has been demolished must now be defined by line boundaries, and

  • boundaries which were previously defined by line only must now be defined by the face or another part of a new structure.

All NSW Legislation can be accessed at www.legislation.nsw.gov.au/.