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

Transfer by a Local Council

This page aims to help you complete an electronic Transfer by a Local Council dealing form. This form is used to record the sale of land by a local council for unpaid rates pursuant to section 713 Local Government Act 1993.

NOTE:

  • any mortgage, lease, charge, covenant charge, caution pursuant to section 28J(1) or section 28J(1A) Real Property Act 1900, or caveat, except for a caveat pursuant to a Commonwealth law other than the Bankruptcy Act 1966, or where the caveator's interest arose after the date of the transfer, will be cancelled
  • a registered writ will not prevent registration of the transfer within the first 6 months from the date of registration of the writ. After 6 months, the writ will be cancelled on registration of the Transfer by a Local Council
  • any covenant, easement, positive covenant or restriction on the use of land will remain on the Folio of the Register.

NOTE: Both the transferor (local council) and the transferee 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

Legislation – section 713 Local Government Act 1993.

Stamp Duty – required.

Notice of Sale – required. There is no need to separately create a Notice of Sale form. The Notice of Sale form is automatically produced in the workspace and sent to NSW LRS when the instrument is lodged.

Standard Form of Caveat – a caveat noted on the Register will prevent the recording of a Transfer by a Local Council only if the caveat is pursuant to a Commonwealth law, except where pursuant to the Bankruptcy Act 1966 (Commonwealth). A standard form of caveat prevents registration where the caveator’s interest arises after the date of the transfer. NSW LRS may require evidence to establish the date of the transfer.

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 Transfer by a Local Council dealing form.

Land Title

Enter the land title reference(s).

Participant Details

Party Details – Party Name

Enter the name of the transferor being the local council.

Enter the name of the transferee(s).

Document

Create Document – Select Other Documents.

Select Transfer by a Local Council.

Registered Proprietor

Select the registered proprietor.

Transferee

Select the transferee.

Tenancy/Shares of the Transferee

Enter the tenancy/shares of the transferee.

Transferor

Select the transferor.

Consideration

Select one of the following consideration types:

  • With monetary consideration - where a transfer involves payment of monies.
  • Without monetary consideration and as regards a deed of partition - where a transfer does not involve payment of monies and satisfies the conditions set out in a deed of partition.
  • Without monetary consideration and as regards a deed of assignment - where a transfer does not involve payment of monies and satisfies the conditions set out in a deed of assignment.
  • Without monetary consideration and as regards a court order - where a transfer does not involve payment of monies and satisfies the conditions set out in a Court Order.
  • Without monetary consideration and as regards an intergenerational assignment - where a transfer does not involve payment of monies and satisfies the conditions of an intergenerational assignment.
  • Without monetary consideration and a change in manner of holding - where a transfer does not involve payment of monies and alters the names, tenancy and/or shares of the registered proprietors.
  • Gross Consideration Amount

Enter the consideration amount where the transfer is with monetary consideration.

Consideration Details

Enter the consideration details where the transfer is without monetary consideration.

Attachment

Attachment Type – Caveator’s Consent

Attach a caveator’s consent if required.

Attachment Type – Minister’s Consent

Minister's consent may be required where a Crown land restriction on transfers is noted on the Register.

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 Transfer by a Local Council dealing 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