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

Preparing the plan

Stage 1

The initial plan in a staged development strata scheme is prepared in the same manner as a conventional strata plan. However, extra information is required as regards the development lot(s):

  • The development lot(s) must be identified as such on the floor plan.
  • The development lots must be numbered and have areas the same as any strata lot. The lot numbering must agree with the Strata Development Contract.
  • A development lot is required for each stage. A new development lot may be created upon the completion of each stage provided this is indicated in the Strata Development Contract.
  • In most cases development lots are an open space not containing any buildings. Appropriate stratum statements defining the upper and lower boundaries must be provided. These statements must be related to an appropriate datum, this may be a structural surface within another lot in the scheme.
  • Careful consideration must be given to providing stratum limitations which are appropriate for the future development.

Subdivision

A plan of subdivision of a development lot may be prepared differently from a conventional strata plan of subdivision:

  • There will always be a location plan.
  • The location plan will show the boundaries with dimensions of the development lot.
  • The floor plan must contain enough information to show the new lots are completely within the boundaries of the development lots. This is particularly relevant for any stratum statements. It is not permitted to subdivide common property in a staged development plan.
  • It is not permitted to subdivide common property in a staged development plan without the consent, by special resolution, of the owners corporation. See section 76(5) Strata Schemes Development Act 2015.

Administration sheets

A staged strata plans uses the same administration sheets as a conventional strata plans.

The Administration sheets can be prepared using the:

                     
  • SP Form 3.01 for the original plan when the strata certificate is signed by an accredited certifier.
  • SP Form 3.02 for the original plan when the strata certificate is signed by a local council.
  • SP Form 3.03 for a strata plan of subdivision in a subsequent stage when the strata certificate is signed by an accredited certifier.
  • SP Form 3.04 for a strata plan of subdivision in a subsequent stage when the strata certificate is signed by a local council.