Certificates of Title

In this section

Lodging dealings and plans from 11 October 2021

Managing dealings and plans lodged prior to 11 October 2021

Introduction

The Registrar General has announced a major step in the transition away from paper-based registration of land titles in NSW.

From 11 October 2021, changes to the land titles system in NSW will mean:

Existing paper Certificates of Title (CTs) will be cancelled, CTs will no longer be issued and the control of the right to deal (CoRD) framework ceases
100% eConveyancing via the mandate of 100% of Real Property Act dealings (excluding Determination of Title Boundary) for electronic lodgment through an ELNO by a subscriber

These changes are being made under the Real Property Amendment (Certificates of Title) Act 2021.

This means on and from 11 October 2021, NSW LRS will not be able to accept CTs and Real Property Act dealings presented at the NSW LRS Lodgment Office or via post.
More information on the cessation of Certificates of Title can be found through the comprehensive guide provided by the Office of the Registrar General.

Lodging dealings and plans from 11 October 2021

On and from 11 October 2021, CTs and CoRD Holder Consents are not required to be provided to NSW LRS for the registration of a plan or dealing. CTs and CoRD will not be printed or issued upon the registration of a plan or dealing.

All Real Property Act dealings will need to be lodged electronically through an Electronic Lodgment Network Operator (ELNO) by a subscriber. More information on the lodgment of dealings and other documents can be found via the Dealings and Documents page.

In all instances an Information Notice will be issued. For more information, please visit the Office of the Registrar General’s website.

Mortgagee, Lessee, Chargee consents required for dealings

The cancellation of Certificates of Title and CoRD has not changed the requirement for third parties to provide their consent to NSW LRS in certain instances before a dealing can be lodged for registration. Where a consent by a Mortgagee, Lessee or Chargee is required for the registration of a dealing (refer to the Registrar General’s Guidelines for the relevant dealing) then written consent of the relevant Lessee, Mortgagee or Chargee must be provided to NSW LRS with the lodgment of a dealing. Information on dealings which require a consent is available via the reference guide prepared by the Office of the Registrar General:electronic dealings which require written consent.

Information on document and evidence requirements in line with the eConveyancing Subscriber compliance regime can be found here.

Dual Entitlement/Multiple Ownership after 11 October 2021

With the cancellation of Certificates of Title, dual entitlement situations no longer exist but multiple ownership following registration of a plan of subdivision or consolidation can still occur.

On and from 11 October 2021, where a title is held in dual entitlement, letters of authority instructing the delivery of Certificates of Title are not required to be provided to NSW LRS for the registration of a plan or prior to the lodgment of a dealing resolving the multiple ownership situation via an ELNO. Transactions currently affecting a title held in dual entitlement can be lodged directly via an ELNO as a structured electronic dealing. More information on structured electronic dealings can be found here.

Consents required for plans

All relevant signatures and consent requirements in place prior to 11 October 2021 will continue to be required for the registration of plans. Please refer to the Plans page for more information.

Managing dealings and plans lodged prior to 11 October 2021

Real Property Act dealings

In view of the 100% eConveyancing mandate and the cessation of CT/CoRD framework, NSW LRS is unable to register paper dealings after 11 October 2021 where the required CT or CoRD Holder Consent has not been provided at the time of lodgment or is uplifted.

To ensure your dealing can proceed to registration, if you have lodged a Real Property Act dealing at the NSW LRS Lodgment Office, by post or as a Dealing with Exception (formerly known as Paper Dealing), please provide all required CTs, CoRD Consents, and letters of authority required to resolve multiple entitlement scenarios to NSW LRS by close of business (4:30 pm) on 8 October 2021.

You can send your title(s) to us by Registered Post to GPO Box 15, Sydney NSW 2001. Please include a cover sheet detailing the lodging party, return address details and the case your title(s) are to be connected to. Please note, all required Certificates of Title must be received by 8 October 2021. All information on how to create a CoRD Holder Consent is available through https://rg-guidelines.nswlrs.com.au/e-dealings/cord_holder_consent_requirements

Applications for Replacement of Certificate of Title

In view of the cessation of CTs, from 11 October 2021, customers will no longer be required or be able to lodge applications for replacement of CTs with NSW LRS.

To ensure that CTs are issued prior to the Real Property Amendment (Certificates of Title) Act 2021 coming into effect, NSW LRS will only be registering applications for replacement of CT lodged up to and until 6 October 2021. NSW LRS cannot guarantee that applications and any associated dealings lodged on and from 7 October 2021 will be registered in time before the Act coming into effect.

We recommend customers to not lodge an application for replacement of CT or application ‘to dispense with production of Certificate of Title lost after settlement’ unless necessary for an upcoming settlement prior to 11 October 2021.

Applications for Replacement of Certificate of Title with an outstanding requisition

In line with the Real Property Amendment (Certificates of Title) Act 2021 coming into effect, NSW LRS will not be able to print CTs from 11 October 2021. Therefore, from 11 October 2021, all applications for replacement of CTs and applications ‘to dispense with production of Certificate of Title lost after settlement’ which have an outstanding requisition and any associated dealings cannot proceed to registration.

If you have received a requisition for your application(s), please attend to your requisition and provide all required documentation to NSW LRS prior to 8 October 2021. NSW LRS will register all applications which are in order for registration before 11 October 2021.

Plans

From 11 October2021, requisitions raised against plans for a CT, CoRD Consent, or letter of authority (multiple entitlement situation) will be waived. This process may require some time; therefore, plan registrations may experience delays. We recommend all required CT, CoRD Consent, or letters of authority be provided to NSW LRS by close of business 8 October 2021.

Return of Certificates of Title

NSW LRS will be running a final print and delivery of CTs on 11 October 2021 for all paper CTs issued for plans and dealings registered on 8 October 2021.

In line with our standard practice, after 11 October 2021, we will continue to return all Volume Folio titles, CTs held by NSW LRS prior to 11 October 2021 not affected by an unregistered transaction, and CTs currently held by NSW LRS on behalf of our account holders due to the Lodgment Office Covid-19 procedure.