Questions for owners

Owners in the City of Sydney

I own property in the City of Sydney, but live outside the Local Government Area. Do I have to join the register?

Yes, all eligible non-resident owners need to be entered on the register. This applies to both residential and business rated property.

Check your eligibility   

I own property and I’m a resident of the City of Sydney, why do I need to register?

Changes to the City of Sydney Act 1988 by the New South Wales Government have made it compulsory for certain non-resident owners, occupiers and rate-paying lessees to be entered on a register created and maintained by the City of Sydney.

In order to determine who is eligible for placement on the register, the City of Sydney needs information from every owner of rateable property in the City of Sydney Local Government Area (LGA). The City of Sydney does not have access to information about your personal living arrangements. In simple terms, all the City knows is that you own a property, we do not know if it is your primary residence, if you are enrolled to vote as a resident at that address, or if it is occupied by someone else. Therefore, to facilitate the City in meeting its obligation in creating the register, you are required to complete and return the forms even if you are a resident. By doing so, the City will have no need to contact you any further.

I am an owner but I am not a citizen, do I still need to do anything?  

You may not be eligible, however we need you to provide us with details of any occupiers or lessees living in your rateable property. You are required to complete forms A and B

I am selling my property, do I need to register? 

If you have already sold your property and no longer have an interest in any property within the City of Sydney (own, occupy or lease), then it won’t be necessary for you to provide your information, for inclusion on the register. However, if you are thinking of selling your property (or commencing the process) you are required to return the forms to the City of Sydney, for possible inclusion on the register.

I own a car space and make income from renting it out as a business, do I need to join the register?

No. A car space is considered to be a utility lot, which is excluded from the definition of rateable property for the purposes of the register and rolls according to the legislation.

Unless you own, occupy or lease rateable property in the City of Sydney LGA, then you will not be eligible for inclusion on the non-residential register.

Why are ‘utility lots’ excluded? Would there be owners or occupiers of these lots that would therefore miss out on being able to be enrolled?

While utility lots are rateable property, they are excluded from the definition of rateable property for the purposes of the register and rolls (e.g. strata car spaces) according to the NSW government legislation.

The most likely scenario is where someone owns a strata car space separately to a unit. 

My spouse/partner and I jointly own a residential property in the City of Sydney LGA, but we don’t live in the City of Sydney LGA, do we need to register?

Yes. Both owners of the property are required to submit their information to determine their eligibility for inclusion on the register.   

Our residential property has more than 2 owners, what do we do?

You must nominate two representatives to be enrolled on behalf of your group. Representatives must be nominated by a majority of owners – the details required are outlined on the nomination Form F.

What happens if the majority of our individual owners don’t/are unable to get together to nominate?

The City of Sydney will deem the first 2 owners that appear on our register, determined by alphabetical order by surname. If verified as eligible by the New South Wales Electoral Commission these individuals are obliged to vote at elections.

What is deeming?

Under the City of Sydney Act 1988, deeming happens when an eligible corporation has not, on the nomination cut-off date prior to each local government election, appointed 2 representatives to vote on its behalf. The act requires the CEO of the City of Sydney to deem up to 2 company officers (or equivalent) bases on alphabetical order by surname. If only 1 representative has been appointed by the corporation the City of Sydney will deem the second representative if there is another eligible representative.

If the corporation has a sole director or secretary then only 1 representative can be deemed.  

Under the act, deeming also applies when 3 or more people own, occupy or lease a property. The CEO of the City of Sydney will deem up to 2 representatives from this group of people, based on alphabetical order by surname. 

Do we still need to register if the CEO has the power to deem representatives?

Yes.

What supporting documentation do I need to provide as an owner?

Property owners do not need to return any documentation apart from the relevant forms. (If you are unsure which forms to submit, use our eligibility tool.)

Last updated: Monday, 5 December 2016