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 subdivision

A strata plan of subdivision may subdivide lots only, common property only or lots and common property to create new lots or new lots and common property. A strata plan of subdivision is given a new plan number. Any lots are identified as lots in this plan but form part of the original scheme. Any new common property is contained in the original common property title. A common property title is not issued in terms of the new plan. If the plan subdivides or creates common property Approved form 10 (PDF 8 KB) must be provided on the administration sheet unless it has been provided previously and the second schedule of the common property title indicates the initial period has expired.

Location plan

A strata plan of subdivision differs from the original strata plan in that a location plan may not be required. A location plan will not generally be required for:

  • A subdivision of lots only.
  • Subdivision of lots and common property which is totally within the original building or further than 2 metres from the parcel boundary.

A location plan may be required when:

  • A subdivision includes common property where the new lots are outside of the building and within 2 metres of the parcel boundary.
  • The original building has been extended, contains lots and is within 2 metres of the parcel boundary.

This information is a guide only. Due to wide variations in strata plans they must each be assessed on their own merits regarding the requirements for a location plan. If you have any doubts you should contact NSW LRS for advice.

If a location plan is required it is prepared in the same manner as an original location plan.

Floor plan

The floor plan is prepared in the same manner as the original floor plan. However there are some other things to consider:

  • It is only required to show the new lots to be created and the adjoining information.
  • In some circumstances it may be desirable to show the entire floor of a building so it is clear where the lots are situated.
  • The lot numbering must be consecutive and commence with the next available number for the scheme.