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 lots and common property

  • The new lots may include land that was formerly common property, formerly lots or a combination of lots and common property.
  • The administration sheets must be executed by the registered proprietors of the lots being subdivided and any mortgagees, lessees etc. as required by Section 22 Strata Schemes Development Act 2015.
  • The administration sheets must also 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 agreeing to the subdivision.
  • If a new lot contains land which was formerly common property a Transfer must be lodged and in registrable form before the plan can be registered. The legislation does not permit the owners’ corporation to own land other than common property.
  • The Transfer must be from the owners’ corporation to another party. The other party must be identical to the registered proprietor of the other part of the lot. The Transfer must be accompanied by a certificate in Approved Form 13 certifying that the owners corporation passed a special resolution agreeing to the execution of the Transfer.

More information

See our Land dealing information on Transfer requirements.