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

Charge

Form 06C (PDF 150 KB)

Dealing Type - C

Legislation - section 56(2) Real Property Act 1900

Stamp duty - only required where the charge was executed before 1/7/2016. Any alteration that increases the principal sum must be marked

NOS form - not required

Standard form of Caveat - prevents registration

NOTE: This dealing type may be lodged as a Dealing with Exception provided it is accompanied by a completed Lodgment Rules Exception form. In all other instances, the electronic dealing must be used.

Priority Notice noted on the Register - see Priority Notice page

The dealing must not include any reference to the charger or chargee being a trustee, executor or administrator for another party.

NOTE: Before the Real Property (Computer Register) Amendment Act 1979 commenced a charge was known as and registered as an encumbrance. An encumbrance shown on a folio of the Register is treated in the same manner as a charge.

This form is used to record an encumbrance over land for the purpose of securing the payment of an annuity, rent-charge or sum of money other than a debt, pursuant to section 56(2) Real Property Act 1900.

For information on how to lodge a covenant charge over the land to recover costs etc that have arisen from the non-compliance of the registered proprietor with the positive covenant, see Covenant charge.

NOTE: A Charge dealing form can also be expressed to include an easement or profit à prendre (see section 56(4) Real Property Act 1900). 

(A) The reference to title for the land affected by the charge must be stated.

NOTE: It is also possible for the charge to create an easement, in which case the following points would apply:

  • the easement must benefit the land subject to the charge
  • the charger must be the registered proprietor of the servient tenement
  • the site of the easement must be shown in a plan annexed to the dealing, or recorded in NSW LRS (by way of a Memorandum)
  • Marginal note (A) would have to be amplified to include additional wording and enter the reference of the servient tenement (being other land owned by the charger). For example the charger grants an easement for right of way (or other easement) affecting lot x in DP123456 as shown designated (y) in plan annexed.

See section 56(4) Real Property Act 1900.

(C) The full name of the charger must be stated and must be identical to the name of the registered proprietor as shown on the Register.

(D) The estate being charged must be shown, e.g. fee simple, leasehold.

(E) The relevant annexure and/or memorandum must be identified. If either is not applicable reference to it must be deleted, and subsequent references to 'Annexure/Memorandum' must be amended accordingly.

(F) The type of payment to be secured must be stated, e.g. rent-charge, annuity.

(G) Where other mortgages, leases, charges, and/or covenant charges are lodged together with the charge, the ‘Encumbrances’ must indicate the priority of registration, or an accompanying letter by the party ceding priority must set out the order of registration.

A writ must be noted in the Encumbrances, or the Court must consent to the charge, or the writ must be removed.

(H) The full name of the chargee must be stated.

(I) The tenancy/shares must be stated where there is more than one chargee. Reference to the tenancy/shares will not be entered on the Register.

(J) The dealing must be executed by the charger and the chargee and be witnessed, or be executed on their behalf as follows:

  Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Charger Tick Cross Tick Cross
Chargee Tick Tick Tick Tick

See execution requirements for companies, witnesses etc. pages for further information on execution.

All NSW legislation can be accessed at www.legislation.nsw.gov.au/

Commonwealth legislation can be accessed at: www.austlii.edu.au/au/legis/cth/consol_act/
 

Staff processing information and registration procedure

Refer to SM99

where the charge appears to create an easement.

Registration procedure

PRIME CODE   C

CODE             P, C or Q  [name of chargee]

Refer to Legal through the Senior Examining Officer

in the case of a charge pursuant to:

s139ZN Or s139ZR Bankruptcy Act 1966 (Commonwealth)

s189AB Bankruptcy Act 1966 (Commonwealth)

Contaminated Land Management Act 1997

Criminal Assets Recovery Act 1990

Fines Act 1996

Proceeds of Crime Act 1987

Protection of the Environment Operations Act 1997

Social Security Act 1991

Victims Rights and Support Act 2013

Registration procedure

PRIME CODE    CH

[Act to pursuant to which the charge was created]

In all other cases

If in order proceed with registration as follows:

Registration procedure

PRIME CODE    C

CODE       P, C or Q  [name of chargee]

Go to NSW Legislation website www.legislation.nsw.gov.au/


 

Publication Date: May 2024