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

Registration of the strata plan

Freehold strata plan

Upon registration of a freehold strata plan under the Strata Schemes Development Act 2015 the following actions occur:

  • The prior title is cancelled.
  • The plan and administration sheets are processed to be placed on public record, including the affixing of the Registrar General's Seal and the date.
  • The owners corporation comes into existence.
  • All common property vests in the owners corporation and a certificate of title is issued for the common property, see section 24 Strata Schemes Development Act 2015.
  • A certificate of title is created for each lot in the plan which will issue in the name of the registered proprietor of the prior title.
  • The initial period commences.

Leasehold strata plan

Upon registration of a strata plan under the Strata Schemes Development Act 2015 the following actions occur:

  • A notification is entered on the prior title referring to the strata plan and associated leases.
  • The leases for the common property and each lot are registered and placed on public record.
  • Any existing lease(s) on the freehold title which have been replaced by a new lease are automatically extinguished and removed from the title.
  • The plan and administration sheets are processed to be placed on public record, including the affixing of the Registrar General's Seal and the date.
  • The owners corporation comes into existence.
  • All common property vests in the owners corporation as lessee and a certificate of title is issued for the common property.
  • A certificate of title is created for the leasehold estate of each lot in the plan which will issue in the name of the lessee(s).
  • The initial period commences.