Requesting consent when there is an eCT

When an eCT has issued, the party with Control of the Right to Deal (CoRD) must lodge a CoRD Holder Consent in order to consent to the registration of paper registry instruments, plans and ePlans. A CoRD Holder Consent can only be lodged electronically through PEXA, and must specify details of the transaction permitted for registration. This requires the CoRD holder to obtain details about the dealings and parties involved in the transaction.  

Practitioners should complete a Request for CoRD Holder Consent eForm to provide CoRD holders with information required for a CoRD Holder Consent. There are two types of Request for CoRD Holder Consent eForms:

  1. Request for CoRD Holder Consent (Transacting Party Consent) (PDF 1.1 MB)
  2. Request for CoRD Holder Consent (Third Party Consent) (PDF 1.1 MB)

Please note: that these PDF forms can be opened with the Internet Explorer and may not work in other browsers. Where your browser’s default PDF Reader is not Adobe Acrobat Reader, please follow the instructions given on the General forms page. Alternatively please use the word version.

Which Request form should be used for your transaction?

A Request for CoRD Holder Consent (Transacting Party Consent) (PDF 1.1 MB) should be used where there is an eCT and a paper settlement transaction, such as a discharge of mortgage, transfer and mortgage.

A Request for CoRD Holder Consent (Third Party Consent) (PDF 1.1 MB) should be used where there is an eCT and the CoRD holder is not a party to the transaction, such as for a lease, Change of Name, a plan of subdivision or a second mortgage to a different mortgagee. 

Examples of completed Request forms

Completed examples to assist you with completing your Request.

  1. Example for a paper settlement transaction (PDF 708 KB)
  2. Example for a subsequent transaction (PDF 707.8 KB) i.e. an eProduction

Who should complete the eForm?

For a paper settlement transaction: e.g. discharge of mortgage, transfer and mortgage

The Request for CoRD Holder Consent (Transacting Party Consent) (PDF 1.1 MB) can be completed by one of the following parties:

The purchaser or their representative

The purchasing party will know the details of the transaction e.g. the incoming proprietor name(s) and any new mortgages. The purchaser/representative may complete the eForm and send to the vendor or their representative. This provides a ready means of complying with clause 4.1 of the Contract for the Sale and Purchase of Land (2014 Edition) which obliges the purchaser to provide details to the vendor of the incoming parties at least 14 days before the date of completion.

Vendor or their representative

The vendor or their representative may complete the eForm with the transaction details provided by the purchaser or their representative.

Ideally, the completed form should be submitted to the CoRD holder with the Discharge Authority form. Where this is not practical, the Request should be submitted at least 10 business days prior to settlement to ensure there is no delay to settlement. Accordingly, the completed Request for CoRD Holder Consent should be forwarded to the vendor’s representative as early as practicable. Please refer to the fact sheet Attending a paper settlement when the Certificate of Title (CT) is in electronic format (PDF 170.1 KB) for more information.

To consent to subsequent dealings or plans: e.g. lease, second mortgage, plan of subdivision

Practitioners, surveyors or registered proprietors may complete the Request for CoRD Holder Consent (Third Party Consent) (PDF 1.1 MB) and submit to the CoRD holder to request consent for a subsequent land transaction such as a lease, second mortgage, deposited plan etc. This is similar to requesting the paper CT to be produced to NSW LRS.

Submitting the eForm

Once a Request for CoRD Holder Consent eForm has been completed, the vendor or their representative must submit this eForm to the CoRD holder to enable processing and lodgment of a CoRD Holder Consent:

Note

A Request for CoRD Holder Consent (Transacting Party Consent) (PDF 1.1 MB) may not be processed by the CoRD holder unless a Discharge Authority has already been submitted or is submitted with the eForm.

Incomplete and/or incorrect Requests may lead to processing and settlement delays.

There is no need for a Request for CoRD Holder Consent to be completed for electronic dealings lodged through PEXA.

Check the CoRD Holder Consent

All parties involved should carry out a CT Inquiry at least 3 business days before settlement to check that the CoRD Holder has lodged a consent and that it is correct.

Contact details

For assistance with completing the Request for CoRD Holder Consent eForms, please email eConveyancingNSW@nswlrs.com.au

Related information

Additional information about eCT, Control of the Right to Deal and CoRD Holder Consent requirements see:

Control of the Right to Deal (CoRD)

What is an eCT?

Will I receive a paper CT after registration of my transaction?

Consent for registry plans

Consent for registry instruments

See also NSW LRS Circular No. 2014/03 - Optional no Certificate of Title: practice changes for settlement and lodgment of dealings and plans (PDF 343.6 KB)