We’ve added to our existing list of questions that industry practitioners and customers contact us about. These updates focus on:
- Lodging dealings involving Lease Folio Titles
- Required Uploads and Attachments
- Power of Attorney (POA) changes
- Lodgment Rules Exceptions errors
Our Frequently Asked Questions contain answers to these questions and more. It is recommended to bookmark the FAQ page for ease of access, as the NSW LRS eConveyancing Team will frequently update the page.
1. How do I lodge a dealing affecting a Lease Folio (LF) title ?
From 11 October 2021, dealings affecting LF titles must be lodged as Dealing with Exception. A correctly completed Lodgment Rules Exception form (Exception Item 1.2) must accompany the Dealing with Exception dealings.
Where the Dealing with Exception affects LF titles, only the affected LF titles must be entered into the ELNO workspace which will be reflected on the cover sheet. Reference should be made to all head titles and LF titles on the attached paper dealing form.
More information on the preparation of a Dealing with Exception can be found via the following resources:
2. How do I lodge a dealing that does not have a Lease Folio (LF) title created?
Where a Lease Folio has not been created, the head title must be entered into the ELNO workspace which will be reflected on the cover sheet. Reference should be made to all head titles and premises to be leased on the attached paper dealing form. A correctly completed Lodgment Rules Exception form (Exception Item 1.2) must accompany the Dealing with Exception dealings.
More information on the preparation of a Dealing with Exception can be found via the following resources:
3. What is required to be uploaded as part of the ‘Conditions and Provisions’ for Lease attachment type?
For NSW LRS lodgment purposes, only the terms and conditions of the lease is required to be uploaded for attachment to the dealing. The lease (07L form) and any pages containing execution etc are not required to be uploaded. Please ensure the terms and conditions of the lease, including the lease description i.e., whole or part of the land, are consistent with the details on the electronic Dealing prepared for lodgment.
Please note: The above also applies to other dealing types. Paper dealing forms are only required to form part of a Dealing with Exception attachment and do not need to be uploaded as an attachment to Mainstream or structured Residual Dealings
4. Will NSW LRS accept an attachment to an electronic Lease which includes the entirety of the Lease (07L form)
The 07L form is not required to be included in the attachment as the examination will be based upon the electronic lease (render pages) however, NSW LRS will not reject the document if it is. It is advised that the 07L form is not attached to avoid confusion and duplicity in information when customers obtain registered copies of the Lease. Please note a fee will be raised on requisitions for Minor alterations. More information on Major/Minor alterations can be found here.
5. Is Mortgagees consent required to be attached to Leases registered with NSW LRS?
NSW LRS don’t require consent of Mortgagees to be provided for Leases lodged via an ELNO. Consent of mortgagee should only be lodged with the Lease if the mortgagee agrees to be bound by the terms of the lease.
6. Powers of Attorney (POA) information sheet updates
NSW LRS have made an update to the Power of Attorney information sheet now that the changes introduced during the COVID 19 period have been implemented permanently.
https://www.nswlrs.com.au/Titles-Dealings/Dealings/Lodging-With-NSWLRS/Dealings-and-Documents
7. Populating the Lodgment Rule Exception Form
When lodging a Lodgment Rule Exception form, it’s important to remember the correct way of populating the Lodgment Rule exception number field. Customers must provide the exact exception number, as provided in the Registrar General’s Guidelines. For example, when lodging an exception for ‘any dealing affecting a lease folio title’, the correct exception number is 1.2. An incorrect exception number is 1, which only refers to the exception category of ‘General Exception’, rather than the specific exception of ‘any dealing affecting a lease folio title’.
The images below demonstrate the correct way to populate this field
Correct
Incorrect
8. What do I do if I have received a requisition in relation to a discrepancy between the electronic dealing and the attachment?
NSW LRS will be evaluating each case and determining whether a case involves Major or Minor alterations. As a guide, changes to title reference, tenancy, affected interest or Dealing number, interest or share, consideration, name(s) of involved parties(s), land extent (part of land/whole of land) may be considered as major alterations. In the case of a major alteration, you will be required to withdraw your dealing and relodge after having made the appropriate edits. More information 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