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

Dealing with Exception

This page aims to help you complete an electronic Dealing with Exception dealing form. This form is used to lodge a paper Real Property Act dealing through an Electronic Lodgment Network Operator (ELNO). A Dealing with Exception form can only be used in accordance with Rule 10 of the Lodgment Rules.

For ease of reference, the list of paper dealings that can be attached to the Dealing with Exception form and accepted for lodgment (including scenarios where an exception applies) are found on the Office of the Registrar General’s Schedule of eDealings page.

In all other instances the electronic dealing must be used, unless otherwise approved by NSW LRS.

If eligible for lodgment through the Dealing with Exception option, the appropriate document type is selected in the ELNO workspace and the corresponding paper Real Property Act dealing must be attached in PDF format. All required supporting documentation must be included in the attachment where applicable. All Dealing with Exception forms must be accompanied by a completed Lodgment Rules Exception form.
 
NOTE: NSW LRS will examine the attached dealing in the same manner as a paper dealing. All requirements must be satisfied according to the corresponding land dealings Registrar General’s Guidelines page.

NOTE: Only the applicant must be represented in the workspace for this dealing form.

Subscriber requirements

Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:

  1. verify their Client’s identity
  2. establish their Client’s right to deal with the land
  3. have a properly completed and executed Client Authorisation form and
  4. retain evidence that supports the dealing (see Supporting Evidence below).

The 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.

For more information on these requirements see:

Residual Documents

Guide to complete

Stamp Duty – see the Registrar General’s Guidelines for the dealing requirements.

Notice of Sale – see the Registrar General’s Guidelines for the dealing requirements. Where the dealing requires a notice of sale form, an electronic notice of sale form (eNOS) must be created via the eNOS Service on the NSW LRS Online Portal and the eNOS ID number must be stated at the applicable marginal note on the attached dealing form.

Standard Form of Caveat – see the Registrar General’s Guidelines for the dealing requirements.

Priority Notice Noted on the Register - see Priority Notice page for more information.

The following headings refer to the data fields which must be completed in order to lodge an electronic Dealing with Exception dealing form.

Land Title

Enter the land title reference(s) affected by the dealing. Please take note of the following:

  • Servient and Dominant Tenement - Where the dealing affects a servient and dominant tenement, all relevant titles must be entered in the workspace.
  • Lease Folio (LF) Title - Where the dealing affects a LF title, only enter the LF title in the workspace. Reference should be made to all head titles and LF titles on the attached paper dealing form.

Participant Details

Party Details – Party Name

Enter the details of the applicant.

Document

Create Document – Select Other Documents.

Select Dealing with Exception.

Applicant

Select the applicant.

Document Type

Select from one of the following:

NOTE: The document type selected must match the dealing attached. Only one dealing form should be uploaded for each Dealing with Exception form. The form number at the end of the form name corresponds with the paper land dealing to be uploaded and attached.

NOTE: A Determination of Title Boundary (14TB) cannot be lodged using the Dealing with Exception dealing form and must be lodged in paper at the NSW LRS Lodgment Office.

Attachment

Attachment Type – Dealing

The dealing form selected in the ‘Document Type’ field must be attached. Any additional supporting documentation or evidence normally required for the dealing must also be attached  for example a dealing that requires a mortgage’s consent.
 
All Dealing with Exception forms must be accompanied by a completed Lodgment Rules Exception form

Supporting evidence

In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing.
The evidence that the Subscriber is required to retain to support a Dealing with Exception form may include:

  • a true copy of the duly executed version of the document(s) uploaded as an attachment.

Other forms of evidence may be acceptable and it is a matter for the Subscriber to be satisfied that they have met the requirements for the dealing. Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules.

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