In all cases relating to variation or termination of a scheme it is strongly recommended that advice be sought from NSW LRS Legal and Dispute Resolution T: 0283640192.
Part 7 of the Community Land Development Act 1989 provides for schemes to be varied and terminated. The Supreme Court may issue an order to vary or terminate a scheme (Including community, precinct, neighbourhood and strata schemes within a community) or development contract, see sections 70 and 71 Community Land Development Act 1989.
The Registrar General may terminate a neighbourhood scheme which does not form part of a community scheme, see section 72 and 73 Community Land Development Act 1989.
Termination by the Supreme Court
An order must be issued by the Supreme Court.
The Registrar General must be joined as party to an application for the order.
A Real Property Act dealing Request Form 11R must be lodged with NSW Land Registry Services requesting the Registrar General to comply with the order.
- A certified or office copy of the order should be annexed.
- The certificates of titles for the association property must be lodged.
- A termination will require the certificate of titles for all of the lots to be lodged. A variation will require the titles for any lots which are subject to the order.
- The prescribed fees must be paid
Upon registration of the request for termination:
- The association will be dissolved and the scheme terminated.
- The certificates of title for the lots and association property will be cancelled.
- New certificates will issue as required by the order with regard to registered proprietors, mortgagees etc. The new titles will either be in terms of the parcel(s) which existed prior to the scheme or the lot(s) in a new plan.
Termination by the Registrar General
A Real Property Act dealing Request Form 11R may be lodged with NSW LRS requesting the Registrar General to terminate a neighbourhood scheme. In order for the request to be registered the following conditions must apply to the scheme.
- It must not be part of a Community Scheme.
- It must not be part of a staged development.
- The application must be approved by a unanimous resolution of the association and consented to by the proprietors of all neighbourhood lots.
- The Registrar General will require a deposited plan to be lodged for registration as a current plan with the application.
If above conditions cannot be met the application may be made to the Supreme Court pursuant to section 70 Community Land Development Act 1989.