On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Re-registration

ADIS Code - RR

A document may be re-registered where the original document is correct but the registration copy was incorrect at time of registration.  Only documents registered under the General Register of Deeds may be re-registered.

An original document cannot be altered once registered.  Where an original document requires amendment, a deed of rectification or confirmation may be required.

The requirements for the original document will also apply to the re-registration of that document.

Lodgment requirements

Stamp duty - Required if the original document required marking.  If not marked, Registration insisted upon is prohibited.

Registration copy - Required.  If unacceptable, Registration insisted upon is prohibited

Statement of Title Particulars form - Required.

NOS form - Required if required for the original document.

Index Particulars form (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Re-registration

(C) Locality - The situation of the land if required for the original document.

Link Conveyance - Required for the Old System land affected if required for the original document.

Principal Deed - The document being re-registered.

(D) Indexing - The vendor or party burdened by the document, and if appropriate, and Old System land is affected, the party benefiting by the document.

(E) Certification - Required.

Document requirements

Date:  must be dated with the date of execution.  If not dated advise the lodging party.  If a date is not furnished, indicate Registration insisted upon and include the reason.

Name:  the full names (initials are acceptable) of the parties are required.  Advise the lodging party of any discrepancies in names. 

Locality:  required if required for the original document.  The situation of the Old System land.

Land Description:  required if Old System land is affected.  Determine if the affected land is Old System or other (see IPF).  Where Old System land is affected it must be described by reference to:

  • a metes and bounds description
  • another registered instrument
  • a plan attached
  • a Government Gazette notice or
  • a lot or parcel in a subdivision.

Link Conveyance:  required if Old System land is affected.  The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000.  Whole or part must be established.

Principal Deed:  required.  The number of the original document being re-registered must be identical to the number stated on the IPF.

Execution:  by the party who would normally execute the original document.  A power of attorney must be registered if land or shares are affected.

Attestation:  required.  Must be witnessed by a person of 18 years of age or older who is not a party to the document.

IPF:  must be completed.

Staff processing information

The re-registration must be connected to a current CA.

A re-registration affecting land that does not have a Link Conveyance in the form of a Book and No. must be entered with a Noting: "Re-registration of [type of document] affecting [land description and manner of acquisition]".

The requirements as regards the STP form, NOS form and CA depend on the circumstances of the re-registration and may require further investigation as to previous action taken with the original document.  Refer any doubt to the Senior Examining Officer.

CA    Required if required for the original document.

Indexing

Locality:  the situation of the land, if applicable.

Link Conveyance:  required if Old System land is affected.  The last conveyance or acknowledgment prior to Book 4000.  Indicate whole "W" or part "P".  Enter any variations between the orginal document and the re-registration.

Principal Deed:  required.  The original document, and the previous Principal Deed if entered.  Enter any variations between the orginal document and the re-registration.

Noting:  "Re-registration of [type of document]".

If Old System land is affected and:

  • an interest, state: "interest in" (or Noting Code: "I")
  • a share, state: "[fraction] share"
  • part of the land, state: "[affected land description]"
  • the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").

V:  the vendor or party burdened by the document and any additional variations, deceased estates or trusts, and any variations thereof.

P:  if appropriate and Old System land is affected, the party benefiting by the document, deceased estates or trusts, and any variations thereof.