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 only

  • The new boundaries must be clearly defined within the old lots and do not include common property.
  • Special consideration should be given to any stratum statements. If they are not related to the same datum there may be doubts as to whether they also include part of the common property.
  • The plan may create common property. This is not defined on the floor plan and automatically vests in the owners’ corporation.
  • 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 owners corporation do not need to execute as a registered proprietor.
  • If the original developer still owns one or more of the lots involved in the subdivision a certificate in accordance with Approved Form 10 must be lodged. The certificate must indicate that the initial period has expired or the developer still owns all the lots in the scheme.
  • If the plan creates 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 they agree with the new schedule of unit entitlement.
    • Approved form 12 certifying that it passed a special resolution consenting to the subdivision.

See Strata plan approved forms pages.