Land titles in NSW are based on a plan of survey (or a plan compiled from a survey) which defines the boundaries of a parcel of land and creates its legal identity at the date of registration Plans must be prepared, lodged and registered with NSW Land Registry Services (NSW LRS) when:

• New land parcels are created (for example, by subdivision), or

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• An existing parcel of land, or part of a parcel, is to be used for a specific purpose (for example, an easement or lease)

The main plan types include:

• Deposited plans: most commonly depicts a subdivision of a parcel of land

• Strata plans: depicts the subdivision of a parcel of land to allow multiple occupancy and separate ownership of individual units; for example, home unit and townhouse developments

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  Community plans: depicts the development of planned communities of any type where the use of some land is shared.

Deposited plans

A deposited plan is a plan lodged with NSW LRS showing land boundary information. Deposited plans most commonly depict the subdivision of a parcel of land.

From the inception of the Real Property Act on 1 January 1863 and the commencement of the Conveyancing Act and Part XII of the Local Government Act on 1 July 1920, property owners have been required to lodge a plan prepared by a registered surveyor whenever it is intended to create a new land parcel and subdivide or deal with an existing parcel of land.

The Registrar General’s Guidelines for Deposited Plans are a practical guide to assist with preparing deposited plans for lodgment with NSW LRS.

Strata plans

Strata plans are lodged in respect of a parcel of land to create individually owned lots and common property within a strata scheme. Strata plans often relate to multiple units within an apartment building, or several townhouses within a development. In strata schemes:

• A strata scheme comprises strata lots and (usually) common property
• The common property is held and controlled by the Owners Corporation on behalf of all the lots owners
• The property owner may be an individual, family or company
• The land occupied by the owners is referred to as a strata lot
• They may be owned in fee simple or a tenant under a lease (leasehold)
• A scheme may involve occupation/ownership of more than one strata lot (e.g. units, town houses) in a building within the one parcel of land, as in the case of retirement villages, rural development concepts and other multiple dwelling developments
• Most schemes have shared common property, i.e. hallway, garden area, driveway, recreational area, farmed paddock, structural walls, floors and roofs.
• The strata lot does not have to adjoin or be near other strata lots within the same scheme, e.g. cabins, mobile home, caravan site, rural scheme

Registration of a strata plan results in the creation of the strata scheme and issue of titles under the strata scheme legislation. Visit our strata page for more information on strata plans including interpreting strata plans and making changes to a scheme.

Community plans

Community plans divide land into a community property lot and two or more community development lots in accordance with the Community Land Development Act 1989. Community plans sit between conventional methods of subdivision and strata subdivision to enable the creation of shared property on the subdivided land and shared use of common facilities; for example, a shared park within a private estate. Community title also provides for:

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  Projects ranging in size from small groups of houses clustered around common open space to large communities with shared roadways and facilities based on commercial, sporting or agricultural features

• The development of planned communities where the use of some land is shared

• The development of non-staged ‘stand-alone’ schemes or schemes comprising several stages that can be developed over an unlimited time frame

• Association-owned common areas, referred to as ‘Association Property’

• Flexibility in the management and administrative arrangements operating for schemes set out to a specific theme or containing separate areas for residential, commercial, recreational and industrial uses

• An effective means of subdivision for medium density housing and the construction of major resort developments.

The Registrar General’s Guidelines for Community Schemes are a practical guide to assist with preparing community plans for lodgment with NSW LRS.

Source: https://t-tees.com
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