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 development contract

A Strata Development Contract is a disclosure document that indicates the details of the future development of the strata scheme. The Strata Development Contact is prepared as in Approved Form 8 (PDF 258.6 KB) and must contain a concept plan.

A Strata Development Contract for a strata scheme is void to the extent that it is inconsistent with a Strata Management Statement for the scheme. See section 105(7) Strata Schemes Development Act 2015. 

  • The development contract gives an explanation of each stage of the development after the first stage (Stage 1).
  • Stage 1 of the development is the first plan and does not need to be described in the contract.
  • Each stage described in the Strata Development Contract can be identified as Warranted Development or Authorised Proposals:
    • The developer is permitted and may be compelled to complete Warranted Development.
    • The developer is permitted to complete Authorised Proposals, but not compelled.
  • When describing Authorised Proposals the contract may indicate several options which may be adopted.

The administration sheets of the plan should contain a statement as follows:

"THIS PLAN IS SUBJECT TO A STRATA DEVELOPMENT CONTRACT WHICH IS FILED WITH THE STRATA PLAN."

Concept plan

The Strata Development Contract must include a concept plan. The concept plan is required to separately illustrate the sites proposed for and the nature of buildings and works that will result from carrying out all of the permitted development, and identifying which is warranted development, see section 77 Strata Schemes Development Act 2015.