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

Requirements for a strata plan

See schedules 10 - 14 of the Lodgment Rules.

All strata plans must be prepared by a land surveyor registered under the Surveying and Spatial Information Act 2002.

A strata plan can only subdivide fee simple land (including leasehold land) under the Real Property Act 1900 (Torrens Title).

A strata plan can subdivide one or more lots in a deposited plan (if it is more than one lot they must be contiguous). This plan is known as the base plan.

The base plan must be a plan of survey which has connections to at least two Permanent Survey Marks.

A strata plan may not subdivide:

  • a qualified or limited title
  • a lot in a neighbourhood plan, or
  • a perpetual lease from the crown.

The parcel to be subdivided must have a building or part of a building within its boundaries. Section 4 Strata Schemes Development Act 2015 provides a definition for a building as follows:

'Building', in relation to a strata scheme or a proposed strata scheme, means a building containing a lot or proposed lot, or part of a lot or of a proposed lot, in the scheme or proposed scheme.

It is the opinion of NSW LRS that a building must be a permanent structure, with walls, a structural base and a structural cover.

For more information for Plans and Titling contact plan-info@nswlrs.com.au.

See the NSW Legislation website