Strata, Community and Torrens Titles in NSW

What Is a Property Title?

A property title defines the legal rights, responsibilities, and ownership associated with a parcel of land or property. In New South Wales, the three most common types of property titles are: Torrens Title: Full ownership of the land and dwelling.- Strata Title: Ownership of a unit within a larger complex with shared common areas.- Community Title: Ownership of an individual lot combined with shared ownership of community facilities or infrastructure.

Strata Title (NSW)

Legal Framework: Strata Schemes Development Act 2015 (NSW)

Overview

A Strata Title allows for individual ownership of part of a property (typically a unit or apartment) and shared ownership of common property areas.

Key Features

• Boundaries: Defined by physical building elements such as walls, floors and ceilings.- Common Property: Includes shared areas such as lobbies, stairwells, driveways, gardens and car parks.-

  
  

• Ownership: Each unit owner holds title to their lot and a proportional share in the owners corporation.

  
  

• By-laws and Management: Governed by an owners corporation, which regulates by-laws covering pets, renovations, noise and shared area usage.

  
  

• Fees: Owners pay levies for maintenance, insurance, and administrative expenses.

Common Examples

Apartment complexes, Townhouse developments, Retirement villages

Community Title (NSW)

Legal Framework: Community Land Development Act 2021 (NSW)

Overview

A Community Title is used for developments involving multiple lots with shared infrastructure such as roads, recreational areas or landscaped open spaces.

Key Features

• Boundaries: Determined by land surveys, offering flexibility in vertical and horizontal space.

  
  

• Common Property: Can include larger, planned amenities such as swimming pools, parks, gyms, and shared driveways.

  
  

• Ownership: Owners have full title to their individual lots and shared responsibility for community property via a community association.

  
  

• Scheme Structure: May involve a primary scheme and subsidiary strata schemes within the same community development.

  
  

• By-laws and Management: Community association governs by-laws, and may be supported by sub-associations for strata lots.

  
  

• Levies and Costs: Owners contribute levies to both community and, where applicable, strata schemes for maintenance and operation of shared spaces.

Common Examples

Gated communities, Master-planned residential estates, Commercial precincts with integrated infrastructure

Torrens Title (NSW)

Legal Framework: Real Property Act 1900 (NSW)

Overview

A Torrens Title offers the highest level of individual property ownership under NSW law, providing complete ownership of the land and any structures on it.

Key Features

• Ownership: Full title over the land and building.

  
  

• Flexibility: Owners have significant freedom regarding renovations and land use (subject to council approval).

  
  

• Sole Responsibility: All maintenance and legal obligations fall solely on the owner.

  
  

• Title Registration: Managed by NSW Land Registry Services and recorded in the Torrens Title Register.

Common Examples

Free-standing homes, Rural land holdings, Standalone townhouses

Key Differences Between Title Types

Which Title Is Right for You?

Choosing the correct property title depends on your personal circumstances, investment goals, and tolerance for shared responsibilities. Each type of ownership offers distinct benefits and obligations.

For instance:

• Strata is ideal for urban apartment living with shared facilities.

• Community title suits larger developments with integrated infrastructure.

• Torrens title provides complete autonomy but also full responsibility.

Why Choose Invictus Legal for Property Title Advice?

At Invictus Legal, our team of experienced property lawyers offers tailored legal advice for residential, commercial, and mixed-use property transactions throughout New South Wales. Whether you are buying into a strata scheme, developing a community title estate, or acquiring a Torrens title property, we ensure your rights are protected and your legal obligations are clear.

Our services include:

1. Property due diligence and contract review;

2. Advice on by-laws and compliance;

3. Structuring developments under strata or community title law;

4. Dispute resolution between owners and associations; and

5. Assistance with registration, subdivision, and title transfers.

Need Legal Advice on Property Titles?

If you're purchasing, selling or managing property in NSW, speak to the legal experts at Invictus Legal. We’ll provide you with clear, comprehensive advice on the title structure that best suits your needs.