Residual documents

From September 2020 the listed dealings will be available for electronic lodgment through an Electronic Lodgment Network Operator (ELNO). Over time new dealings will be made available and added to the list. They will be referred to as residual documents. Under Conveyancing Rule 8.8, the Registrar General may declare these dealings as Required Dealings that will be required to be lodged using an Electronic Lodgment Network (ELN). Declarations under Conveyancing Rule 8.8 will be published on the Schedule of eDealings page on the Office of the Registrar General website.

For more information see:

https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/schedule-of-edealings

Dealing Types Purpose
Application for Preparation of Lapsing Notice by a Registered Interest Holder To be used as an application by a registered interest holder for the Registrar General to prepare a notice relating to the lapsing of a caveat for service on the caveator pursuant to section 74J Real Property Act 1900.
Application for Preparation of Lapsing Notice by a Registered Proprietor To be used as an application by a registered proprietor for the Registrar General to prepare a notice relating to the lapsing of a caveat for service on the caveator pursuant to section 74J Real Property Act 1900.
Application for Preparation of Lapsing Notice by an Applicant To be used as an application by an applicant (not being the registered proprietor or registered interest holder) for the Registrar General to prepare a notice relating to the lapsing of a caveat for service on the caveator pursuant to section 74I & section 74JA Real Property Act 1900.
Application for Preparation of Partial Lapsing Notice by a Registered Proprietor To be used as an application by a registered proprietor for the Registrar General to prepare a notice relating to the partial lapsing of a caveat for service on the caveator pursuant to section 74I Real Property Act 1900.
Application for Preparation of Partial Lapsing Notice by a Registered Interest Holder To be used as an application by a registered interest holder for the Registrar General to prepare a notice relating to the partial lapsing of a caveat for service on the caveator pursuant to section 74I Real Property Act 1900.
Application to Record Writ To be used to record a writ on a folio of the Register.
Bankruptcy Application To be used to register an appointed trustee as proprietor of the estate held by a bankrupt.
Cancel Recording of Writ To be used to remove a writ from a folio of the Register in the circumstances set out in section 105D(1) Real Property Act 1900.
Cancellation of Easement To be used to record the cancellation of an easement by the registered proprietor of the dominant tenement.
Change of Address for Service of Notices on Caveator To be used to alter the address for service of notices on a Caveat recorded on Torrens Title Land.
Change of Address of Association To be used to alter the address for service of notice on a community, neighbourhood or precinct association folio.
Change of Address of Owners Corporation To be used to alter the address for service of notices on an owners corporation as recorded on the folio of the Register for the Common Property Title.
Change of Name To be used to record a change of name of the registered proprietor of the fee simple.
Change of Name of Caveator To be used to alter a caveator's name as recorded on Torrens Title Land.
Change of Name of Lessee, Mortgagee or Chargee To be used to record a change of name of the registered proprietor of an interest in land.
Charge To be used to register an encumbrance over land for the purpose of securing the payment of an annuity, rent-charge or sum of money other than a debt.
Consolidation/Change of By-laws To be used to record a change to the by-laws of a strata scheme and record a consolidation of by-laws on the folio of the Register for the common property.
Covenant Charge To be used to record a charge imposed on land by a prescribed authority for failure to comply with a public positive covenant.
Determination of Lease by Re-entry To be used where the lease has been determined by the re-entry of the lessor or mortgagor in possession.
Discharge of Charge To be used by a registered chargee to remove the recording of the charge from a folio of the Register.
Extinguishment of Easement To be used to record the extinguishment of an easement by a Court Order.
Extinguishment of Positive Covenant To be used to record the extinguishment of a positive covenant by a Court Order pursuant to section 89(8) Conveyancing Act 1919.
Extinguishment of Restriction on the Use of Land To be used to record the extinguishment of a restriction on the use of land by a Court Order pursuant to section 89(8) Conveyancing Act 1919.
Modification of Positive Covenant To be used to record the modification in the terms of a positive covenant by a Court Order pursuant to section 89(8) Conveyancing Act 1919.
Modification of Restriction on the Use of Land To be used to record the modification in the terms of a restriction in the use of land by a Court Order pursuant to section 89(8) Conveyancing Act 1919.
Notice of Proposed Acquisition To be used to record a notice of proposed acquisition on the folio of the register pursuant to section 17 Land Acquisition (Just Terms Compensation) Act 1991 (NSW), section 22 Lands Acquisition Act 1989 (Cth) or section 185 Roads Act 1993.
Positive Covenant To be used to register a covenant on land by a prescribed authority requiring the registered proprietor to perform specified duties.
Positive Covenant (with Registered Interest Holder Consent) To be used to register a covenant on land by a prescribed authority requiring the registered proprietor to perform specified duties. To be used where the holder of a registered interest on title (e.g. lessee, mortgagee or chargee of a registered lease, mortgage, charge or covenant charge) agrees to be bound by the terms of the positive covenant.
Positive Covenant Affecting Land Vested in a Prescribed Authority To be used to register a positive covenant imposed by a prescribed authority on land of which it is the registered proprietor.
Release of Positive Covenant To be used to record the release of a positive covenant by a prescribed authority pursuant to section 88D(12) or 88E(7) Conveyancing Act 1919.
Release of Restriction on the Use of Land To be used to record the release of a restriction on the use of land by a prescribed authority or a party to a deed of release or agreement pursuant to section 88D(12) or 88E(7) Conveyancing Act 1919.
Removal of Expired Lease To be used to remove an expired lease from the Register.
Restriction on the Use of Land To be used to register a restriction on the use of land the benefit of which annexed to other land.
Restriction on the Use of Land (with Registered Interest Holder Consent) To be used to register a restriction on the use of land the benefit of which annexed to other land. To be used where the holder of a registered interest on title (e.g. lessee, mortgagee or chargee of a registered lease, mortgage, charge or covenant charge) agrees to be bound by the terms of the restriction.
Restriction on the Use of Land by a Prescribed Authority To be used to register a restriction on the use of land imposed by a prescribed authority on land of which it is the registered proprietor.
Restriction on the Use of Land by a Prescribed Authority (with Registered Interest Holder Consent) To be used to register a restriction on the use of land imposed by a prescribed authority on land of which it is the registered proprietor. To be used where the holder of a registered interest on title (e.g. lessee, mortgagee or chargee of a registered lease, mortgage, charge or covenant charge) agrees to be bound by the terms of the restriction.
Restriction on the Use of Land Vested in a Prescribed Authority To be used to register a positive covenant imposed by a prescribed authority on land of which it is the registered proprietor.
Transfer Altering Tenancy (Joint Tenants to Tenants in Common in Equal Shares) To be used where the sole purpose of the transfer is to alter the tenancy of all the registered proprietors from joint tenants to tenants in common in equal shares.
Transfer Altering Tenancy (Tenants in Common in Equal Shares to Joint Tenants) To be used where the sole purpose of the transfer is to alter the tenancy of all the registered proprietors from tenants in common in equal shares to joint tenants.
Transfer Creating a Forestry Right To be used to register a forestry right in regard to Torrens Title land.
Transfer Creating a Profit à Prendre To be used to register a profit à prendre in regard to Torrens Title land.
Transfer Granting Easement To be used to create an easement affecting Torrens Title land where there is a dominant tenement and servient tenement.
Transfer Granting Easement etc Over Own Land To be used to create an easement, restriction on the use of land, profit à prendre or forestry right where the servient and the dominant tenements have the same registered proprietor.
Transfer Granting Easement in Gross To be used to create an easement in favour of a prescribed authority affecting Torrens Title land where there is no dominant tenement.
Transfer Severing Joint Tenancy To be used to transfer to themselves by one or more registered proprietors, but fewer than all the registered proprietors for the sole purpose of severing a joint tenancy.
Transfer Severing Joint Tenancy in an Interest To be used to transfer to themselves by one or more registered proprietors of a registered interest, but fewer than all the registered proprietors for the sole purpose of severing a joint tenancy.
Variation of Lease To be used to register a variation in the terms of a registered lease.
Variation of Mortgage To be used to register a variation in the terms of a registered mortgage.
Variation of Positive Covenant To be used to record a variation of positive covenant pursuant to section 88D(15) or 88E(7) Conveyancing Act 1919.
Variation of Restriction on the Use of Land To be used to record a variation of restriction pursuant to section 88D(15) (where land is vested in the authority) or section 88E(7) (where land is not vested in the authority) Conveyancing Act 1919.  

Registrar General’s Guidelines for the lodgment of electronic dealings (e-Dealings)


An e-Dealing refers to a registry instrument lodged electronically via an ELN. These guidelines are intended to assist with the preparation, lodgment, examination and registration of electronic registry instruments.

IMPORTANT:

Before lodging a registry instrument electronically via an ELN, a Subscriber must:

  • verify their client’s identity

  • establish their client’s right to deal with the land

  • have a properly completed and executed Client Authorisation form and

  • have evidence that supports the dealing.

A Subscriber certifies that they have carried out these steps when digitally signing an e-Dealing. When lodging an e-Dealing, a Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement as defined in the NSW Participation Rules.

See the NSW Participation Rules and the links below for more information on these requirements. A Subscriber will be asked to demonstrate compliance with these requirements if selected for a compliance examination. Failure to properly carry out these requirements could result in the suspension or termination of a Subscriber by the Registrar General.

Verification of Identity (VOI)

VOI is required for all e-Dealings. A Subscriber can verify the identity of their client either by using the Verification of Identity standard (see Schedule 5 of the NSW Participation Rules) or in some other way that constitutes the taking of reasonable steps. An Identity Agent can also be used to carry out of the VOI of the client.

The Certifier makes the following certification when digitally signing an electronic registry instrument:

The Certifier has taken reasonable steps to verify the identity of the [transferor/transferee/mortgagor/mortgagee/caveator/applicant/covenantor/covenantee/encumbrancer/encumbrancee/grantor/grantee/lienor/lessor/lessee/receiving party/relinquishing party/Donor] or his, her or its administrator or attorney.

For more information see:

Conveyancing Rules Version 5 Rule 4

https://www.registrargeneral.nsw.gov.au/__data/assets/pdf_file/0008/524915/Conveyancing_Rules_v5.pdf

Model Participation Rules Guidance Note 2

https://www.arnecc.gov.au/publications/mpr_guidance_notes

Client Authorisation

A Client Authorisation form is required from the client if a conveyancer or lawyer is signing on a client’s behalf, except when the conveyancer or lawyer is preparing and lodging a caveat, withdrawal of caveat, Priority Notice, extension of Priority Notice or withdrawal of Priority Notice.

The Certifier makes the following certification when digitally signing an electronic registry instrument:

The Certifier holds a properly completed Client Authorisation for the Conveyancing Transaction including this Registry Instrument or Document.

For more information see:

Conveyancing Rules Version 5 Rule 11

https://www.registrargeneral.nsw.gov.au/__data/assets/pdf_file/0008/524915/Conveyancing_Rules_v5.pdf

Model Participation Rules Guidance Note 1

https://www.arnecc.gov.au/__data/assets/pdf_file/0012/698718/MPR-Guidance-Note-1-Client-Authorisation.pdf


Right to deal

The right to deal is the entitlement of a Person to be a particular Party to a Conveyancing Transaction. A Subscriber is required to take reasonable steps to verify their client’s right to deal. What is reasonable depends on the circumstances.

For more information see:

Conveyancing Rules Version 5 Rule 4.3

https://www.registrargeneral.nsw.gov.au/__data/assets/pdf_file/0008/524915/Conveyancing_Rules_v5.pdf

Model Participation Rule Guidance Note 4

https://www.arnecc.gov.au/__data/assets/pdf_file/0004/698791/MPR-Guidance-Note4-Right-to-Deal.pdf


Retention of evidence

Evidence is required to be retained in order to demonstrate that the transaction was completed in accordance with legislative and other requirements and the certifications required were accurately made.

Under the NSW Participation Rules evidence supporting a Conveyancing Transaction must be kept for at least seven years from the date of Lodgment. The evidence must be legible, stored safely and securely, and accessible.

The Certifier makes the following certification when digitally signing an electronic registry instrument:

The Certifier has retained the evidence supporting this Registry Instrument or Document.

For more information see:

Conveyancing Rules Version 5 Rule 5

https://www.registrargeneral.nsw.gov.au/__data/assets/pdf_file/0008/524915/Conveyancing_Rules_v5.pdf

Model Participation Rule Guidance Note 5

https://www.arnecc.gov.au/__data/assets/pdf_file/0005/698792/MPR-Guidance-Note5-Retention-of-Evidence.pdf

Correct and compliant

A Subscriber is required to take reasonable steps to ensure that the registry instrument is correct and that it complies with all relevant legislation and any prescribed requirement before digitally signing the Registry Instrument.

The Certifier makes the following certification when digitally signing an electronic registry instrument:

The Certifier has taken reasonable steps to ensure that this Registry Instrument or Document is correct and compliant with relevant legislation and any Prescribed Requirement.

Other information

Certificate of title.

A CoRD (Control of the right to deal) holder consent is required for certain dealing types.
CoRD is evidenced either by:

  • legitimate possession of the paper certificate of title (CT) or

  • an eCT on the land title where the first registered mortgagee is an Authorised Deposit-Taking Institution (ADI).

Where a paper CT has issued, a CoRD holder consent must be lodged via an ELN. It requires specific details of the current paper CT to be provided, including:

  • edition number

  • date of issue and

  • Certificate Authentication Code (CAC).

For more information see:

https://rg-guidelines.nswlrs.com.au/e-dealings/elodgment/elodgment_requirements/using_certificates_of_title_for_elodgment

NOTE: If the transaction concerns an Auto Consol Title or a sub folio within an Auto Consol Title then the references should be entered as follows:

  • For an Auto Consol Title enter as 10001-1.

  • For a sub folio within an Auto Consol Title enter as AC10001-1A

Attachments

When required, attachments in PDF format may be uploaded to the ELN along with the dealing. The Registrar General’s Guidelines for each dealing specify what types of attachments may or need to be uploaded for that dealing.

Requisitions

For information on how to respond to a requisition see:

https://rg-guidelines.nswlrs.com.au/e-dealings/faqs/procedural_and_administrative/how_may_a_requisition_for_an_electronic_registry_instrument_be_satisfied