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

By-laws

Section 10 Strata schemes Development Act 2015 states that a plan intended to be registered as a strata plan must indicate the by-laws intended to be adopted.

The by-laws adopted will be either “Model by-laws for residential strata schemes” as described in Schedule 3 Strata Schemes Management Regulation 2016 or by-laws as provided in Approved Form 7 and lodged with the plan.

By-laws can provide guidelines regarding behaviour and should assist the smooth running of a scheme.

Common property rights by-laws

By-laws may also confer certain rights or privileges. These  are known as “common property rights by-laws” (previously referred to as Exclusive Use By-laws). These may provide that part of the common property is for the exclusive use of a specified lot or lots. See Division 3 part 7 Strata Schemes Management Act 2015.

If it is intended to provide a by-law granting exclusive use of part of the common property to a lot the relevant part should be clearly described within the by-law. If required a sketch plan may be included as part of the document.

It should be noted that it is not the responsibility of NSW LRS to determine whether by-laws are correctly drafted and enforceable. In some circumstances requisition may be raised if in the opinion of the office the by-laws require revision.

Change of by-laws

If any by-laws are to be repealed, replaced or added after the scheme has commenced this can be recorded in the register by lodgment of a Consolidation/Change of by-laws.

If a by-law relates to a lot which is the subject of a plan of subdivision or consolidation a change of by-laws should be prepared and lodged if it is intended that the by-law is to continue for the new lot description.