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 |
| 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. |
| Discharge of Charge |
To be used by a registered chargee to remove the recording of the charge from a folio of the Register. |
| 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. |
| 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 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. |
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:
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:
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:
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