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

Lease of part of the common property

The owners corporation may lease part but not all of the common property for a term up to but not exceeding 5 years.

  • A lease of part of a title in excess of 5 years requires a plan of subdivision and is not acceptable in relation to common property.
  • If the part of the common property to be leased can be described as premises it may be leased for up to 25 years.
  • The lease requires the owners corporation to pass a special resolution, which must be certified by the owners corporation on Approved Form 13. The approved form must accompany the lease at lodgment.