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Community Title Subdivision is now easier


Large community title subdivisions have previously been difficult to achieve.  On many occasions, developers have needed unanimous resolutions from the Community Association to complete the development.

The Community Title Legislation has been amended to allow a developer to carry out multi-staged community title subdivisions without requiring any consent from the Community Association.

NSW Parliament passed the new legislation in March 2021.  Under the new Community Title regime, it is possible to carry out a staged community title subdivision by a process similar to a staged strata subdivision / development. 

This means that a developer of a staged community subdivision will not have to obtain the Community Association’s consent to do any of the following:

  • Create association property with each stage of the development.
  • Create an easement over association property.
  • Create an easement in favour of the Community Association.
  • Add adjoining land to the Community Scheme.
  • Add by-laws to the Community Management Statement.

Monteath & Powys are experts in community title subdivisions.  Over the past 30 years we have been involved in many such subdivisions with the largest being a 900 lot residential community title subdivision at Fern Bay, north of Newcastle.  

We are very familiar with the new legislation and can provide you with valuable assistance in planning your development using the long awaited reforms to the legislation.