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

Strata management statement

All part strata developments must have a Strata Management Statement (SMS) prepared in accordance with Approved Form 9.

The Registrar General may waive the requirement for a SMS in the following circumstances:

  • when the building the subject of the subdivision is erected on a lot in a community scheme and the remainder of the building is within community property
  • when a SMS has been registered and is still in force for the building and its site
  • when a Building Management Statement (BMS) has been registered and is still in force for the building and its site, provided the BMS meets the requirement of a strata management statement. In these circumstances the BMS is taken to be the SMS for the building and its site (section 108 Strata Schemes Development Act 2015).
  • on the direction of the Minister on grounds that are considered sufficient.

See section 99(2) Strata Schemes Development Act 2015.

It is possible to register a BMS over several lots upon which a building is situated without the involvement of a strata plan. The BMS is prepared in the same manner as an SMS.

If a BMS exists for lots which contain a building, it will cease to have effect upon registration of a SMS for the same building. See section 196J(1) Conveyancing Act 1919.

Reference to a BMS will be removed from the register upon registration of an SMS.

The SMS must be executed as required by section 104 Strata Schemes Development Act 2015.