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

Approved form 13 - Certificate of owners corporation - special resolution

Approved Form 13 is a certificate given by an owners corporation stating that it has passed a special resolution authorising a dealing or plan (which it must accompany) in instances including, but not limited to:

  • Adding land to the common property by lease, sub-lease or transfer see section 25 Strata Schemes Development Act 2015
  • Surrendering a lease or sub-lease of common property see section 27 Strata Schemes Development Act 2015
  • Transferring or leasing part of the common property see section 33 Strata Schemes Development Act 2015
  • Creating or varying an affecting interest which burdens common property see section 34(1)(a) Strata Schemes Development Act 2015
  • Releasing or varying an affecting interest which benefits common property see section 34(1)(b) Strata Schemes Development Act 2015
  • Dedicating part of the common property as public road, public reserve or drainage reserve see section 35 Strata Schemes Development Act 2015

The certificate must only be completed in circumstances where the resolution was passed after the expiration of the initial period or, the original owner owns all the of the lots in the strata scheme or, an order has been made by the Civil and Administrative Tribunal pursuant to section 27 of the Strata Schemes Management Act 2015, authorising the registration of the dealing or plan. The certificate does not replace the need for Approved Form 10 – Initial Period.

Where the owners corporation is disposing of common property, it must also comply with s. 36(1)(c) Strata Schemes Development Act 2015 which requires  all unregistered interests  in the common property being disposed of and of which the owners corporation has been notified to have been released.

How to complete the form

Insert the date the special resolution was passed.

See Approved Form 23 - Attestation for the completion of the final part of this certificate.