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

Agreement for sale

ADIS Code - G

An agreement for sale sets out the terms of a proposed sale of land. An agreement for sale is not an actual conveyance of land.

Lodgment requirements

Stamp duty - Required.  If not marked, Registration insisted upon is prohibited.

Any alteration to the consideration must be marked.

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

Statement of Title Particulars form - Not required.

NOS form - Not required.

Index Particulars form (completion)

(A) Lodging Party  - Must be completed.

(B) Instrument - General Register - Deed/Instrument

(C) Locality - Required in all instances.  The situation of the land.

Link Conveyance - For the Old System land affected.

Principal Deed - Not required.

(D) Indexing - The vendor and the purchaser.

(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 vendor and the purchaser are required.  Advise the lodging party of any discrepancies in names. 

Operative clause:  "... hereby agrees ...".

Locality:  required.  The situation of the land.

Land Description:  required.  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.

Execution:  by the vendor or the purchaser.  A power of attorney must be registered. 

As there is often a separate original agreement for each party, execution by the vendor or purchaser only is acceptable.

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

CA    Required

Indexing

Locality:  required in all cases.  The situation of the land.

Link Conveyance:  required if Old System land is affected.  The last conveyance or acknowledgment prior to Book 4000.  Indicate whole "W" or part "P".

Principal Deed:  nil.

Noting:  "Agreement for sale of land affecting [land description/Torrens Title land]".

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, deceased estates or trusts, and any variations thereof.

P:  the purchaser, deceased estates or trusts, and any variations thereof