Frequently Asked Questions (FAQs)

In any transaction affecting land, be it a sale or a purchase or establishing a mortgage over land, it is important to confirm the identity of the parties involved in the transaction.

To ensure you don't become a victim of identity fraud when dealing with land, it is recommended that stringent processes be adopted in verifying the identity of person(s) claiming a right to deal with the land.

More information

From 1 August 2016 a Representative must take reasonable steps to verify the identity of clients or their agents, and persons to whom certificates of title are given.

See the Office of the Registrar General's eConveyancing FAQ's for more information on verification of identity .

The Commonwealth National Consumer Credit Protection Act 2009 requires persons who engage in credit activities, such as banks, to be licensed.

From 1 April 2012, whenever a licensee identifies itself in a document prescribed by the National Consumer Credit Protection Regulations 2010, the licensee must also include their Australian Credit Licence (ACL) number.

In relation to NSW LRS Real Property Act dealings, licensees can meet any obligations they have under the Act by inserting their Australian Credit Licence number alongside other identifying information in the relevant panel of the form, for example:

Example of entry in RPA dealing - Mortgage (05M)

Example of entry in RPA dealing - Charge (06C)

However NSW LRS will not requisition any dealing in relation to an Australian Credit Licence Number recorded on the dealing form. Nor will NSW LRS query any dealing that does not include an Australian Credit Licence number.

PPNs are unique plan numbers issued on request to surveyors for proposed land developments before plans are ready for lodgment.

PPNs are distinguished from other plan numbers by the prefix ‘PP’ e.g. PPSP76543. When a PPN is issued it is noted on affected folios of the register in the Integrated Titling System (ITS). However PPNs do not have any particular status and should not be confused with unregistered plans noted on title.

They do not have an automatic or early right to registration and are subject to the usual NSW LRS plan registration processes. When a final or pre-examination PPN plan is lodged with NSW LRS, the prefix is deleted e.g. PPSP76543 becomes SP76543.

Sydney Water requires surveyors to obtain PPNs so that they have plenty of warning of proposed subdivisions that will require the provision of water utilities.

Settlement of current transactions should not be delayed simply because a PPN is noted on title.

For more information on PPNs see Circulars: 2007-06 (PDF 419.8KB), 2007-14 (PDF 101.7KB) and 2008-6 (PDF 43.2KB).

Statutory declarations sworn outside the state of New South Wales must be sworn in accordance with the provisions of the local legislation see section 169 of the Conveyancing Act 1919. If you need to make a statutory declaration that concerns a state, territory or country, please visit the relevant authority’s website for further information.

Commonwealth or ACT

Attorney-General's Department
www.comlaw.gov.au - Commonwealth legislation
www.legislation.act.gov.au - ACT legislation

Declarations made under the Commonwealth legislation, Statutory Declarations Act 1959, should only be used in relation to Commonwealth legislation, however, NSW LRS will accept them.

Victoria

Department of Justice
www.legislation.vic.gov.au - Victorian legislation

Queensland

Department of Justice and Attorney-General
www.legislation.qld.gov.au - Queensland legislation

Western Australia

Department of the Attorney-General
www.slp.wa.gov.au - Western Australian legislation

South Australia

Attorney - General's Department
www.legislation.sa.gov.au - South Australian legislation

Tasmania 

Department of Justice
www.thelaw.tas.gov.au - Tasmanian legislation

Northern Territory

Department of the Attorney-General and Justice
www.dcm.nt.gov.au/strong_service_delivery/supporting_government/current_northern_territory_legislation_database - Northern Territory legislation

New Zealand

Ministry of Justice
www.legislation.govt.nz - New Zealand legislation

Hong Kong

Hong Kong
www.legislation.gov.hk - Hong Kong legislation

Singapore

Attorney General's Chambers
http://statutes.agc.gov.sg - Singapore legislation

United Kingdom

United Kingdom
www.legislation.gov.uk - United Kingdom legislation 

See our fact sheet What is a statutory declaration? (PDF 196.4KB) for information on statutory declarations made in New South Wales.

As of 1 July 2017, NSW LRS maintain the Torrens Register on behalf of the Registrar General under a concession granted to them by the NSW government.
 
If you commence or intend to commence proceedings seeking relief under an Act administered by the Registrar General, the proceedings should name the Registrar General as a Defendant and be served on the Office of the Registrar General.
 
Examples of proceedings seeking relief under a NSW Act administered by the Registrar General include proceedings seeking an order:

• injuncting or restraining the Registrar General from registering dealings in relation to land, for example, in response to a notice issued under section 12A Real Property Act 1900
• that the Registrar General register a specified dealing in relation to land
• extending the operation of a caveat or leave to lodge a further caveat over land
• that a transfer of land be set aside pursuant to section 37A Conveyancing Act 1919
• that the Registrar General correct the Torrens Title Register pursuant to section 138(3) Real Property Act 1900  
• for the cancellation and issue of a new Certificate of Title pursuant to section 138(3) Real Property Act 1900
• for the variation or termination of a strata scheme under Part 9 Strata Schemes Development Act 2015  
• for the variation or termination of a community scheme under Part 7 Community Land Development Act 1989
• for the resumption of lots/part lots in a strata scheme under Part 7 Strata Schemes Development Act 2015
• for the resumption of lots/part lots in a community scheme under Part 6 Community Land Development Act 1989,  
• for compensation from the Torrens Assurance Fund under Part 14 Real Property Act 1900.

 
All court proceedings to be served on the Office of the Registrar General must be delivered to the McKell building at 2-24 Rawson Place, Sydney.
 
Service of court proceedings are to be delivered through the basement carpark entrance on level 2 via Barlow Street. Once you arrive at Barlow Street, please tell the officer at the security desk that you are here to serve documents on the Office of the Registrar General.
 
Please call the Office of the Registrar General on 1300 318 998 beforehand so that a staff member is present to accept service. Service will not be accepted if an ORG staff member is not present.
 
Find out more on the Registrar General’s website: www.registrargeneral.nsw.gov.au/contact-us
           
NOTE: Please note that if you obtain and seek to register a court order in the Torrens Register, you should lodge a sealed copy of the orders with NSW LRS under cover of a Request form 11R, requesting that the Registrar General comply with the order/s. The Request form must be accompanied with the prescribed fee.