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

Subdivision of common property only

  • The new lots will include land that was formerly common property.
  • The administration sheets must contain the following certificates from the owners corporation:
    • Approved Form 10 certifying that the initial period has expired (unless the certificate of title for the common property contains a notification this has been lodged previously) or certifying the original proprietor still owns all of the lots.
    • Approved Form 11 certifying that it passed a special resolution agreeing with the new schedule of unit entitlement.
    • Approved Form 12 certifying that it passed a special resolution consenting to the subdivision.
  • The legislation does not permit the owners’ corporation to own land other than common property. A Transfer must be lodged and in registrable form before the plan can be registered. 
  • The Transfer must be from the owners’ corporation to another party. The Transfer must be accompanied by a certificate in Approved Form 13 certifying that the owners corporation passed a special resolution authorising the execution of the Transfer.

More information

See our Land dealing information on Transfer requirements