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

Fees

Lodgment fee

The current lodgment fee for a Real Property Act dealing is assessed at the time of lodgment. Additional fees may be assessed at any time after lodgment and are payable before registration of the dealing.

In addition to any other item, on lodgment of an application, request, dealing or caveat that will result in making, altering or removing more than 1 recording--for each additional recording e.g A single Discharge of Mortgage Form discharging two different mortgages by the same mortgagee will incur an additional fee.*

*Note: does not apply for an application to dispose of Crown land arising from the closing of a public road under the Roads Act 1993.

Current NSW LRS fees

See current fees on NSW LRS Website.

No fee payable

Where no lodgment fee is payable for a dealing, the reason for fee exemption, e.g. the relevant legislation, must be clearly stated on the dealing or in a letter.

No lodgment fee is payable for a Real Property Act dealing involving:

  • a vesting (s46C Real Property Act 1900) or transfer pursuant to:
    • Schedule 2 (5) Associations Incorporation Act 2009
    • s11 Burns Philp Trustee Company Limited Act 1990
    • s46C Real Property Act 1900 in favour of The Uniting Church In Australia Property Trust (NSW) of Methodist Church property, see Application Q625474.  Note  A fee is payable for property of The Uniting Church (NSW) Trust Association (formerly the Methodist Trust Association) and the Uniting Church Council Of Mission Trust Association (formerly the Methodist Overseas-Mission trust Association) or
    • s46C Real Property Act 1900 in favour of Westpac Banking Corporation from Westpac Savings Bank Limited or
    • s21 University of New England Act 1993
  • a transfer pursuant to:
    • s10 Financial Corporations (Transfer of Assets and Liabilities) Act 1993
    • s31 Freight Rail Corporation (Sale) Act 2001
    • s40 Roads Act 1993
    • s196(2) Roads Act 1993 or
  • an Order of Court where the Order so directs.

Where the reason for exemption is not listed above refer to the Team Leader, Offline DRD2.

Plan annexed fee

A plan fee is payable for a plan annexed to a dealing where:

  • the plan is referred to in the Land Description panel or operative clause of the dealing and
  • the dealing is reliant on the plan for the description of affected land, premises, easement etc,

except for a plan:

  • annexed to a Consolidation/Change Of By-laws form 15CH or
  • used to describe or explain the contents of an agreement etc, but not used to describe the affected land, premises etc.

A single plan drawn on multiple sheets will attract one plan fee only.

Refund of fees

A request for refund of fees as regards a dealing must be directed in writing to the Manager of Dealings Operations, Document Registration Services, NSW LRS.

Allowance of fees

Any request for an allowance of fees from an unregistered dealing to a substitute dealing lodged by the same party must be referred to the Team Leader, Personal Lodgment Registration Services, NSW LRS or the Supervisor, Client Services Counter, Customer Services.

Staff processing information

If approved:

  • give the substitute dealing a new barcode label with the original dealing number
  • note 'Substitute Instrument. Date ... Time ...' on the substitute dealing
  • connect the substitute dealing to the case for the original dealing
  • register the substitute dealing if otherwise in order and
  • note 'Withdrawn. Substitute instrument lodged' on the original dealing if available and return to the lodging party.