Dealings and Documents

In this section

Introduction

Documents available for manual lodgment

Lodging dealings affecting land title references

Out-of-scope transactions

Lodging documents not affecting land title references

Eligibility to lodge electronically

Subscriber Compliance

Links

Related announcements

Introduction

Electronic conveyancing (eConveyancing) is the digital completion of conveyancing transactions including transferring property ownership from seller to buyer.

The Registrar General has declared under the NSW Conveyancing Rules that 100% Real Property Act dealings (excluding Determination of Title Boundary) are mandated to be lodged electronically.

This means, on and from 11 October 2021, NSW LRS will not be able to accept Real Property Act dealings presented at the NSW LRS Lodgment Office or via post. All land dealings to be lodged with NSW LRS can only be done electronically by a subscriber (e.g., a lawyer, licensed conveyancer, or financial institutions) through an Electronic Lodgment Network Operator (ELNO).

Transactions which are out-of-scope for lodgment as structured electronic dealings are still mandated and will be dealt with in a slightly different process, which is explained in the ‘Out-of-scope transactions’ section below.

Documents available for manual lodgment

The following dealings are available for lodgment in paper via our manual lodgment channels. These documents can be lodged by attending the NSW LRS Lodgment Office or via registered post to GPO box 15, Sydney NSW 2001.

Water Access Licence dealings (manual lodgment only)
Determination of Title Boundary (manual lodgment only)
Powers of Attorney
Old System Deeds
Resumption of non-RPA Land/Primary Applications

Information on the lodgment requirements for these dealings can be accessed through the Registrar General’s Guidelines.

Since Monday 12 July 2021, the NSW LRS Lodgment Office has been operating on an appointment only basis. Please visit the NSW LRS Covid-19 Updates for more information on our manual lodgment procedures.

Lodging dealings affecting land title references

Customers can find a list below of the documents available for lodgment as structured electronic dealings (without the requirement to attach a paper dealing form) through an ELNO. Please visit the Registrar General’s Guidelines for lodgment requirements specific to each document.

Information on transactions involving dual entitlement/multiple ownership situations can be found here.

Document Name	Type of Structured Electronic Dealing
Application for a Possessory Title	Residual
Application for Preparation of Lapsing Notice by a Registered Interest Holder	Residual
Application for Preparation of Lapsing Notice by a Registered Proprietor	Residual
Application for Preparation of Lapsing Notice by an Applicant	Residual
Application for Preparation of Partial Lapsing Notice by a Registered Proprietor	Residual
Application for Preparation of Partial Lapsing Notice by a Registered Interest Holder	Residual
Application to Record a New Registered Interest Holder (With Stamp Duty)	Residual
Application to Record a New Registered Interest Holder (Without Stamp Duty)	Residual
Application to Record a New Registered Proprietor (With Stamp Duty)	Residual
Application to Record a New Registered Proprietor (Without Stamp Duty)	Residual
Application to Record Writ	Residual
Bankruptcy Application	Residual
Cancel Recording of Writ	Residual
Cancellation of Caution	Residual
Cancellation of Easement	Residual
Caveat	Mainstream
Change of Address for Service of Notices on Caveator	Residual
Change of Address of Association	Residual
Change of Address of Owners Corporation	Residual
Change of Name	Residual
Change of Name of Caveator	Residual
Change of Name of Lessee, Mortgagee or Chargee	Residual
Charge	Residual
Conservation Agreement	Residual
Consolidation/Change of By-laws	Residual
Covenant Charge	Residual
Determination of Lease by Re-entry	Residual
Discharge of Charge	Residual
Discharge of Mortgage	Mainstream
Extension of Priority Notice	Mainstream
Extinguishment of Easement	Residual
Extinguishment of Positive Covenant	Residual
Extinguishment of Restriction on the Use of Land	Residual
Lease	Mainstream
Modification of Positive Covenant	Residual
Modification of Restriction on the Use of Land	Residual
Mortgage	Mainstream
Notice of Death	Mainstream
Notice of Proposed Acquisition	Residual
NSW Trustee and Guardian Caveat	Residual
Partial Extinguishment of Restriction on the Use of Land	Residual
Partial Release of Restriction on the Use of Land	Residual
Payment of Balance of Purchase Money	Residual
Positive Covenant	Residual
Positive Covenant (with Registered Interest Holder Consent)	Residual
Positive Covenant Affecting Land Vested in a Prescribed Authority	Residual
Priority Notice	Mainstream
Purchaser’s Caveat	Residual
Registered Proprietor’s Caveat	Residual
Release of Positive Covenant	Residual
Release of Restriction on the Use of Land	Residual
Removal of Expired Lease	Residual
Request to Note Retirement Village	Residual
Restriction on the Use of Land	Residual
Restriction on the Use of Land (with Registered Interest Holder Consent)	Residual
Restriction on the Use of Land by a Prescribed Authority	Residual
Restriction on the Use of Land by a Prescribed Authority (with Registered Interest Holder Consent)	Residual
Restriction on the Use of Land Vested in a Prescribed Authority	Residual
Surrender of Lease	Residual
Surrender of Lease by Operation of Law	Residual
Transfer	Mainstream
Transfer Altering Tenancy (Joint Tenants to Tenants in Common in Equal Shares)	Residual
Transfer Altering Tenancy (Tenants in Common in Equal Shares to Joint Tenants)	Residual
Transfer and Closure of Crown Road	Residual
Transfer and Road Closure	Residual
Transfer by a Joint Tenant	Residual
Transfer by a Local Council	Residual
Transfer by Chargee Under Power of Sale	Residual
Transfer by Mortgagee Under Power of Sale	Residual
Transfer Creating a Forestry Right	Residual
Transfer Creating a Profit a Prendre	Residual
Transfer for Public Reserve or Drainage Reserve	Residual
Transfer Granting Easement	Residual
Transfer Granting Easement etc Over Own Land	Residual
Transfer Granting Easement in Gross	Residual
Transfer Including Covenant	Residual
Transfer Including Easement	Residual
Transfer of a Profit a Prendre or Forestry Right	Residual
Transfer of a Timeshare	Residual
Transfer of an Estate-In-Remainder	Residual
Transfer of Easement in Gross	Residual
Transfer of Interest (for transfer of registered Mortgage or Charge)	Mainstream
Transfer of Lease	Residual
Transfer of Minerals or Coal	Residual
Transfer Releasing Easement	Residual
Transfer Severing Joint Tenancy	Residual
Transfer Severing Joint Tenancy in an Interest	Residual
Transfer without Monetary Consideration	Mainstream
Transmission Application	Mainstream
Variation of Easement	Residual
Variation of Lease	Residual
Variation of Mortgage	Residual
Variation of Positive Covenant	Residual
Variation of Restriction on the Use of Land	Residual
Variation of Sublease	Residual
Withdrawal of Caveat	Mainstream
Withdrawal of Priority Notice	Mainstream

For the 1% transactions which are out-of-scope for lodgment as structured electronic dealings, please see below for lodgment options.

Out-of-Scope Transactions

About 1% of transactions are currently out-of-scope for lodgment as structured electronic dealings. ELNO subscribers can lodge ‘out-of-scope transactions’ electronically by using an electronic document known as ‘Dealing with Exception’. The subscriber will prepare the out-of-scope dealing in paper and will lodge it electronically as a pdf attachment to the Dealing with Exception document.

Please see the Lodgment Rules Exceptions List for a full list of scenarios and documents available for lodgement as a Dealing with Exception.

For information on how to lodge a Dealing with Exception, please refer to the Registrar General’s Guidelines.

Key information on lodging a Dealing with Exception

A completed Lodgment Rules Exceptions form must be lodged with each ‘Dealing with Exception’ lodgment case.
When lodging a Dealing with Exception, the Document Type selected, and the Land Title provided via the ELNO workspace will determine the type of transaction and folios affected by the dealing in the Register. Therefore, it is important for customers to select the correct document type to match the dealing attached and to insert all affected land title references in the ELNO workspace as stated on the attached paper dealing form. NSW LRS include the title reference and document name stated on the cover sheet as part of the examination of the case.
Where the dealing affects a servient and dominant tenement, all relevant titles must be entered in the workspace. Where the dealing affects a LF title, only enter the LF title in the workspace. Reference should be made to all head titles and LF titles on the attached paper dealing form.
Once received by NSW LRS, your document will be examined based on the attached paper dealing form, Lodgment Rules Exceptions form and any attached supporting documentation. Please visit the Registrar General’s Guidelines for information on the lodgment requirements of the out-of-scope dealings.

Lodging multiple out-of-scope dealings in one lodgment case

If you are seeking to lodge multiple out-of-scope documents in the same ELNO workspace, then multiple Dealing with Exception document types must be selected in the workspace. The corresponding paper dealing form and associated documents must be uploaded and attached separately against each relevant Dealing with Exception.

For example, if two paper Leases (07L forms) are to be lodged as Dealings with Exception in the same workspace, then the document type (Lease (07L)) must be selected twice in the ELNO workspace and each paper copy must be uploaded against the corresponding document type. If more than one document is included in a single upload, a requisition will be raised by NSW LRS requesting for separate lodgment(s) to be made for the additional document(s) included as an attachment.

Miscellaneous Dealing

This document type is selected where a Real Property Act dealing cannot be lodged as a structured electronic dealing or Dealing with Exception.

Please see the Lodgment Rules Exceptions List to verify if you are eligible for lodgment under this option.

The land title NO/REF/99999 is entered into the workspace
Miscellaneous Document is selected
The completed paper dealing form is attached in PDF. Please note, only one dealing form can be lodged per ELNO workspace.

Lodging documents not affecting land title references

Documents which don’t have a Real Property Act Land Title Reference can be lodged through the ELNO workspace using a prescribed Title Reference, No/REF/99999 and submitted as a document in PDF format.

Only one document can be lodged through the ELNO workspace. If you are seeking to lodge multiple documents, then multiple ELNO workspaces must be created, and the corresponding paper form must be uploaded against each workspace.

Powers of Attorney and Old System Deeds

For a list of documents lodged as part of this document type, please click here.

NSW LRS will not accept Powers of Attorney which have been signed electronically

The land title NO/REF/99999 is entered into the workspace
Old System Deed or Power of Attorney is selected as appropriate
A completed Deeds Index Particulars form together with a completed paper Deed or Power of Attorney and any other required documents e.g. Manual Notice of Sale form is attached to the ELNO workspace

For preparation and delivery information, please see the Information Sheet on Electronic Powers of Attorney and Old System Deeds.

Memorandum

The land title No/REF/999 is entered into the ELNO workspace
Memorandum is selected
A completed paper Memorandum form is attached in PDF

Resumption of Non-RPA/Primary Application

The land title NO/REF/99999 is entered into the workspace
Resumption of Non-RPA/Primary Application is selected
The completed paper forms together with any further evidence and manual Notice of Sale form is attached as pdf to the ELNO workspace.

Eligibility to lodge electronically

To conduct an eConveyancing transaction, customers must use the service of a lawyer or conveyancer who is registered with an Electronic Lodgment Network Operator (ELNO).

The following institutions can help you to find a lawyer or conveyancer in NSW:

The Law Society of NSW: Search accredited specialists in the field of property law.
Australian Institute of Conveyancers (NSW Division): Find a conveyancer and learn the steps involved in buying a house or unit.

How can lawyers and conveyancers use eConveyancing?
Lawyers and conveyancers must register with an Electronic Lodgement Network Operator (ELNO) to conduct eConveyancing transactions. A list of authorised ELNOs in NSW can be accessed here.

A list of authorised ELNOs in NSW can be accessed here.

Subscriber Compliance

Section 33 of the Electronic Conveyancing National Law provides the Registrar in each Jurisdiction with the power to undertake a Compliance Examination for the purpose of ascertaining whether the Model Participation Rules have been complied with or investigating any suspected or alleged case of misconduct by a Subscriber (including a former Subscriber). Under section 34 of the Electronic Conveyancing National Law, a Subscriber is obliged to cooperate fully in a Compliance Examination and comply with any reasonable requirement by the Person conducting the Compliance Examination.

The Registrar General of NSW has delegated NSW LRS with the authority to conduct Compliance Examinations for Subscribers transacting in NSW.

How NSW LRS undertake Compliance Examinations

When a Subscriber is selected to participate in a Compliance Examination, they will receive a notice from NSW LRS including a Subscriber Compliance Examination Checklist. The notice will:

Identify the Registry Instruments for which the Compliance Examination will be conducted.
Request that the Subscriber provide Documents and/or information that demonstrate the Subscriber’s compliance with the Participation Rules.
State a time, no less than 10 Business Days after the giving of the notice, within which the Documents and/or information must be provided to the Registrar.
Outline how the Documents and/or information must be provided to the Registrar.

Please refer to the Subscriber Compliance Portal Guide for more information on how to upload the required documents.

Subscribers should be aware that failing, without reasonable excuse, to comply with the notice is a Suspension Event that may result in the commencement of the Suspension and Termination Procedure in Schedule 7 of the Model Participation Rules.

Why Compliance Examination is necessary

A key objective of the Subscriber Compliance Program is to ensure the program assists Subscribers in meeting their obligations and responsibilities under the Model Participation Rules and to build trust and confidence in the Electronic Lodgment Network.

More information about the eConveyancing Subscriber Compliance regime can be found through the Office of the Registrar General‘s website.