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

Contract for sale

ADIS Code - G

A contract for sale usually contains a description of the land being sold, the consideration, and any terms and/or conditions attached to the sale.

Registration of a contract for sale serves to place the contract on public record; it is not a conveyance of land.

See Withdrawal or termination of a contract for sale page.

Lodgment requirements

Stamp duty - Required.  Marking as regards Vendors Duty is also 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. 

Locality:  required.  The situation of the land. If Torrens Title land is affected, inform the lodging party of the effect of registration compared to a caveat lodged under the Real Property Act 1900.

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.

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 either the vendor or purchaser 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

If the contract for sale affects Torrens Title land, inform the lodging party of the effect of registration compared to a caveat lodged under the Real Property Act 1900.

CA    Not required

Noting  Required where the agreement for sale affects part of the land, an interest/share, includes a plan, or Torrens Title land.

Indexing

Locality:  required.  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:  "Contract for sale affecting [description of the 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").

If Real Property Act land is affected, state "Affects RPA land".

V:  the vendor, deceased estates or trusts, and any variations thereof.

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