Frequently Asked Questions: online lodgment with NSW LRS

We regularly update our Frequently Asked Questions to assist customers and clarify procedures for conducting online transactions with NSW LRS.

We’ve compiled a list of the top questions industry practitioners and customers contact us about. 

These updates focus on: 

• Subscriber Compliance Audit process and the Client Authorisation Form 
• Dealing with Exception and the Lodgment Rules Exception Form 
• Electronic signature requirements 
• Personal information on dealings 
• Common scenarios to avoid major alteration requisitions  
• Updated Lodgment Rules Exceptions List 

Our Frequently Asked Questions contain answers to these questions and more. It is recommended subscribers bookmark the FAQ page for ease of access, as the NSW LRS eConveyancing Team will frequently update the page.  

 

1. Why does my dealing get audited and what do I need to do? 

Since September 2017, NSW Land Registry Services (NSW LRS) has been conducting the Subscribers Compliance examinations on behalf of the Office of the Registrar General. Upon selection for a Compliance Examination, a notice will be sent to the Subscriber's registered email address with their Electronic Lodgment Network Operator. 

Subscribers will need to participate by providing evidence demonstrating their compliance with the NSW Participation Rules. Examples of the evidence that Subscribers may need to provide include copies of clients' identity documents, evidence of the right to deal, and Client Authorisation forms. 

 

2. Which version of the Client Authorisation should I use? 

Are you aware that using an outdated version of Client Authorisation is the most frequently cited issue during examinations, leading to non-compliance outcomes? To comply with the Model Participation Rules, it is essential Subscribers use the version of Client Authorisation valid at the time of signing. Client Authorisation Version 7, effective from 28 March 2024, is now available. For further details on the updated Participation Rules and Client Authorisation, you can refer to the following resource: 
 

• https://www.registrargeneral.nsw.gov.au/news/operating-requirements-and-participation-rules-version-7 

3. Do all Dealing with Exception (DwE) documents need a Lodgment Rules Exception Form including 11R Request? 

Yes, all DwE documents must be accompanied by a completed Lodgment Rules Exception Form including a Request dealing. 

11R Request is a generic form used for transactions for which there is no specific Real Property Act dealing form, e.g., recording court orders on titles, creating separate folios, or amendment actions. 

When lodging a Request, the general exception item is '46'. The completed dealing and Lodgment Rules Exception Form must be included in the same attachment and uploaded in PDF format.  
 
More information on the preparation of a Dealing with Exception can be found via the following resources: 
 

• Registrar General’s Guidelines – Dealing with Exception   
• Registrar General's Guidelines – Lodgment Rules Exception 

4. How do I sign a document electronically and what are the requirements? 

Where electronic signatures are used in New South Wales, they must comply with Conveyancing Rules (COVID-19 Pandemic) Amendment (Version 2). Either Section 12.4(a) or Section 12.4(b) may be used. 

12.4(a) - include a statement near or below the electronic signature: Electronic signature of me, [..insert name..] affixed by me, or at my direction, on [..insert date..], OR 

12.4(b) - if using a digital signing platform, indicate that an electronic signature was applied, and the date and time that this occurred. 

For example, if DocuSign has been used as the execution platform, the time and the date the signature was included must be stated.  

More information on the electronic signature requirements can be found via the following resources: 
 

• Conveyancing Rules (COVID-19 Pandemic) Amendment Version 2 
• Office of the Registrar General extends temporary Covid signing measures 

Please note that electronic signatures are not acceptable for statutory declarations in New South Wales. 

 

5. Will I be asked to remove unnecessary or private/confidential information from dealings?  

When completing a dealing or providing additional information (e.g. a statutory declaration) to facilitate registration, personal identifiable information such as copies of identification documents or reference to a passport number or drivers’ licence number must not be included.  

If included, NSW LRS will raise a requisition requiring the removal of the identification documents, or amendments of the dealing and/or supporting documents, containing the personal information. The dealing and/or the supporting documents will need to be re-lodged.  

 

6. What are some examples of a major alteration? 

If a required amendment to an electronic dealing alters the nature of the electronic dealing, it will be considered as a major alteration and will require new certification by the subscriber. If an electronic dealing requires a major alteration, the dealing cannot be amended. The dealing will have to be withdrawn, and a new dealing must be lodged through an Electronic Network Operator (ELNO). 

Some examples of common major alterations include: 

• Lease 
  Lodging an electronic Lease with a "Whole of the Land" land extent, where the intention is to record a "Part of the Land" Lease. The electronic Lease form must accurately reflect the intention of the Lease. The same principle applies where the intention is to record the lease over “Part of the Land” and the land extent in electronic Lease form is the “Whole of the Land”. 

• Variation of Lease 
  Lodging an electronic Variation of Lease, varying a Lease that contains a current option of renewal without the “Option to Renew” panel included on the electronic dealing. 

• Positive Covenant / Restriction on the Use of Land 
  When lodging a standard electronic Positive Covenant or Restriction on the Use of Land by a Prescribed Authority where a holder of a registered interest on title (e.g. lessee or mortgagee) agrees to be bound by the terms. Ensure that the respective dealing is lodged with the following note: (with Registered Interest Holder’s Consent) 

                       Please see the below for more information:  

• Positive Covenant (with Registered Interest Holder Consent) 
• Restriction on the Use of Land by a Prescribed Authority (with Registered Interest Holder Consent) 

• Lodging a dealing (electronic or Dealing with Exception) against less than all desired title(s) and amending the electronic form.  
  Please ensure that all the titles affected by the dealing are selected. Failure to do so will result in a major alteration. Should you intend to add more title(s) to the dealing after lodgment, you will be asked to withdraw the dealing and lodge a new dealing with all the relevant titles selected. 

• Lodging a Dealing with Exception document with an inapplicable Lodgment Rules Exception number  
  Unless a valid exception item is selected/provided, all dealings must be lodged as a structured electronic dealing.  

More information on major / minor alterations can be found here. 

 

7. Can I lodge a new dealing to satisfy a requisition through the Secure Upload Portal? 

Please note that NSW LRS cannot accept any new lodgments through the Secure Upload Portal. All dealings must be lodged through an ELNO and will be connected to the existing case. More information on the Secure Upload Portal can be found here.            

 

8. What are the key changes in updated Lodgment Rules Exceptions List? 

The Office of the Registrar General has published an updated Lodgment Rules Exceptions List, which will replace the current exceptions list on 24 June 2024.  

Key changes between the existing and the updated Lodgment Rules Exceptions List include, but are not limited to: 

• Addition of note advising where a sub-number exists in an exception category, the applicable sub-number must be stated on the Lodgment Rules Exception Form. 
• Removal of exceptions 32.4 and 32.5 as such leases are capable of electronic lodgment using the electronic Lease form 
• Amendment to 32.8 as the exception applies irrespective of whether it is over whole or part of the land 
• Amendment to 32.9 as the exception applies irrespective of whether it is within a retirement village or not 
• A new exception 68.5 for Transfers involving a Registered Native Title Body Corporate; and 
• Minor amendments to exceptions 56.1, 63.2, 73.1, 75.1 and 75.3 for improved clarity as to when these exceptions apply. 

All documents lodged as a Dealing with Exception from 24 June 2024 must refer to the updated Lodgment Rules Exceptions List. 

More information on the updated Lodgment Rules Exceptions List can be found here. 

            

Customer enquiries 

We hope you find this information helpful. If you are looking for more advice or tips, please access our comprehensive NSW LRS eConveyancing FAQs here, or contact our team on the details below. 

For specific queries about NSW LRS Connect please contact the team at connect@nswlrs.com.au  

Getting in touch with NSW Land Registry Services is easy. Call us on (02) 8776 3575, contact us online or visit www.nswlrs.com.au