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

Lodgment Rules Exception

The following dealings may be lodged using a Dealing with Exception in these circumstances (see Lodgment Rules Exception).

Please note when lodging these dealings, a Lodgment Rules Exception form is required to be attached.

Part 1 - Dealing with Exception (DwE)

The following dealings can be lodged using the DwE for any reason, unless otherwise specified:

1    General exception

1.1    any paper dealing properly completed, signed and dated before 11 October 2021
1.2    any dealing affecting a lease folio title
1.3    where a mainstream dealing(s) must be lodged together with a residual document(s)
         NOTE:
        1.    In this scenario all the dealings will need to be lodged as a Dealing with Exception. For example, for a                               lodgment case which has a transfer lodged and a surrender of lease, both dealings will revert to paper and be                     lodged as a Dealing with Exception.
1.4    transactions not suitable for electronic lodgment:
         1.4.1  where written evidence from Revenue NSW is furnished to NSW LRS confirming that the transaction cannot                        be processed electronically
         1.4.2  where written evidence from the ELNO is furnished to NSW LRS confirming that the transaction cannot be                          processed electronically
         1.4.3  where written evidence from NSW LRS is furnished confirming that the transaction cannot be processed                            electronically
1.5    dealing affecting part of an Auto Consol
1.6    where an encumbrance must be noted on a dealing.

2    Action affecting Crown Land (19MA)

3    Amendment of Development Contract (21CSD)

4    Amendment of Management Statement (21CSM)

5    Amendment of Strata Development Contract (15SA)

6    Annulment of Bankruptcy (04BAN)

7    Application for a Possessory Title (04YA)

7.1    affecting part of the land or a manual title (i.e. a Volume Folio for which a computer folio has not been created).

8    Application for Preparation of Lapsing Notice (08LX)

8.1    where a caveat(s) is recorded against an interest (e.g. if a lessee wishes to lapse a caveat recorded against the                  registered lease).

9    Application to Record Writ (09W)

9.1    where a writ is affecting a registered interest.

10    Application for Recording of Road Action Affecting a Western Lands Lease (19MB)

11    Application for Removal of Notification (17BD)

12    Application for Removal of Restrictions (13KR)

13    Application to Record a Registered Deed on a Qualified Title (17QD)

14    Application to Record a Subsisting Interest on a Qualified Title (17QS)

15    Application to Record Property Seizure Order (09PS)

16    Bankruptcy Application (04BAP)

16.1    where the application affects a bankrupt lessee, mortgagee or chargee.

17    Cancellation of Recording of Abandoned Easement (20EA)

18    N/A

19    Caveat (08X)

19.1    that only affects part of the land in a folio of the Register
19.2    lodged against premises contained in a lease
19.3    affecting a registered interest (e.g. a mortgage, lease or charge)
19.4    lodged pursuant to 74O of the Real Property Act 1900.

20    Change of Address for Service of Notices on Caveator (08CX)

20.1    where a registered interest in land such as a lease or mortgage is affected.

21    Change of Name of Caveator (08CX)

21.1    where the caveat is recorded against a registered interest in land such as a lease or mortgage.

22    Change of Name of Lessee, Mortgagee or Chargee (10CN)

22.1    where a registered sub-lease or sub-mortgage is affected.

23    Charge (06C)

23.1    where a registered interest in land such as a lease or mortgage is affected.

24    Conservation Agreement (13NP)

24.1    that only affects part of the land in a folio of the Register
24.2    where the registered proprietor is not represented by a legal practitioner or licensed conveyancer (until such time                that the 13NP moves to a single party dealing).

25    Consolidation/change of by-laws (15CH)

25.1    where the party is only seeking to consolidate the existing by-laws.

26    Discharge of Charge (06DC)

26.1    where a registered interest in land such as a lease or mortgage is affected
26.2    that does not affect all the chargees (when there are multiple chargees)
26.3    that does not affect all the chargers (when there are multiple chargers).

27    Discharge of Mortgage (05DM)

27.1    that only affects part of the land in a folio of the Register
27.2    that does not affect all the mortgagees (when there are multiple mortgagees)
27.3    that does not affect all the mortgagors (when there are multiple mortgagors)
27.4    where the mortgage to be discharged is a sub-mortgage, mortgage of lease or mortgage of charge.

28    Extinguishment of Obsolete Restrictive Covenant (13RCE)

29    Foreclosure (04FM)

30    Instrument of Conversion (21CE)

31    Instrument of Severance (21CIS)

32    Lease (07L)

32.1    by a life tenant
32.2    where the tenant is the lodging party
32.3    by a mortgagee or chargee in possession
32.4    by The State of New South Wales
32.5    by a Crown Land Manager
32.6    by National Parks and Wildlife, i.e. Kosciuszko leases
32.7    by the Land Administration Ministerial Corporation
32.8    of the whole of the land where an easement is being created or reserved during the term of the lease
32.9    of premises within a retirement village for a term exceeding 25 years
32.10  of a public reserve
32.11  by less than all of the registered proprietors
32.12  including a carry-over term
32.13  for the life of the lessee or for the life of another person
32.14  with an uncertain term or a term measured in other than days/years, including where the lease commences on the              happening of a certain event
32.15  where a leasehold title is to be created
32.16  that is a concurrent lease.

Note: Where a Sublease (07SL) is lodged, exception items 32.1 to 32.15 may apply.

33    Lease by a Crown Land Manager (07LC)

34    Lease by a Reserve Trust (07LR)
 
35    Lease by the State of New South Wales (07LNSW)

36    Mortgage (NMF)

36.1    over an interest (such as a mortgage, lease or charge), share in land or part of the land in a folio of the Register
36.2    that does not affect all the registered proprietors.

36A  Modification of Easement (20EM)

37    Native Title Determination (17NT)

38    Notice of Conversion of Strata Lot to Common Property (15CD)

39    Notice of Death (02ND)

39.1    where a registered interest in land such as a lease or mortgage is affected
39.2    of a life tenant for the termination of a life estate.

40    Order Affecting a Strata Scheme (15SO)

41    Positive Covenant (13PC)

41.1    where the prescribed authority is not represented by a legal practitioner or licensed conveyancer or is otherwise                  not a Subscriber (until such time that the 13PC moves to a single party dealing).

42    Postponement of Mortgage (05PM)

43    Property Vegetation Plan (13VP)

44    Record the State of New South Wales as Registered Proprietor of Fee Simple (19MR)

45    Restriction on the Use of Land (13RU)

45.1    where the prescribed authority is not represented by a legal practitioner or licensed conveyancer or is otherwise                  not a Subscriber (until such time that the 13RU moves to a single party dealing).

46    Request (11R)

47    Request to Record Retirement Village Memorandum (11RM)

48    Surrender of Lease (07DL)

48.1    that only affects part of a leased premises
48.2    affecting a Crown land tenure term lease or Crown land Real Property Act lease
48.3    affecting a lease carried forward as a subsisting interest, i.e. 'Bk ... No. ... Lease To ...'

49    Termination of Strata Scheme (15ST)

50    Transfer (01T)

50.1    creating a life estate and estate in remainder 
50.2    that only affects part of the land in a folio of the Register
50.3    where execution by a person other than the registered proprietor is required, such as a court officer or a guardian              when a person's estate is subject to management under the NSW Trustee and Guardian Act 2009
50.4    where the transfer involves transactions or obligations outside of the Torrens Register, for example where the                      transaction (or a chain of transactions) involves:
          50.4.1    properties located in other jurisdictions
          50.4.2    the purchase or sale of a company title unit
          50.4.3    handing over old system documents relating to qualified or limited title (or both)
          50.4.4    financial settlement that includes the transfer of a Water Access Licence
          50.4.5    sales of businesses where the subject matter of the sale involves assets other than interests in land.

NOTE: 50.4 also applies to other transfer dealing types, as noted below under each of the applicable dealings.

51    Transfer by Chargee Under Power of Sale (01CT)

51.1    affecting a lease
51.2    where the transfer includes an easement
51.3    where exception 50.4 applies.

52    Transfer by Mortgagee Under Power of Sale (01TP)

52.1    affecting a lease
52.2    where the transfer includes an easement
52.3    where exception 50.4 applies.

53    Transfer by Way of Discharge of Mortgage (01DT)

54    Transfer Creating a Profit a Prendre or Forestry Right (01TH)

54.1    that only affects part of the land in a folio of the Register
54.2    where exception 50.4 applies.

55    Transfer for Public Reserve or Drainage Reserve (01TD)

55.1    that only affects part of the land in a folio of the Register.

56    Transfer Granting Easement (01TG)

56.1    where the dominant tenement is a registered lease, Crown land or land that has not been brought under the                      provisions of the Real Property Act 1900 (e.g. Old System land)
56.2    where a writ is recorded on title
56.3    where exception 50.4 applies.
 
57    Transfer Granting Easement etc Over Own Land (01TO)

57.1    where a writ is recorded on title
57.2    where the easement is granted by a mortgagee or chargee in possession
57.3    where exception 50.4 applies.

58    Transfer Including Covenant (01TCV)

58.1    where a writ is recorded on title
58.2    where exception 50.4. applies.

59    Transfer Including Easement (01TE)

59.1    that only affects part of the land in a folio of the Register
59.2    where the dominant tenement is Old System land or an easement in gross
59.3    where a writ is recorded on title
59.4    where exception 50.4 applies.

60    Transfer of a Profit a Prendre or Forestry Right (01TI)

60.1    where a writ is recorded on title
60.2    where exception 50.4 applies.

61    Transfer of a Timeshare (01TF)

61.1    where a writ is recorded on title
61.2    where exception 50.4 applies.

62    Transfer of an Estate-In-Remainder (01TK)

62.1    where a writ is recorded on title
62.2    where exception 50.4 applies.

63    Transfer of Interest (01TL)

63.1    that does not affect all the mortgagees (when there are multiple mortgagees)
63.2    that affects a lease, sub-lease or mortgage of a lease (NB. use the Transfer of Lease dealing instead)
63.3    where exception 50.4 applies.

64    Transfer of Lease (01TL)

64.1    affecting a Crown land tenure Term lease or a Crown land Real Property Act lease
64.2    affecting a lease carried forward as a subsisting interest, i.e. 'Bk ... No. ... Lease To ...'
64.3    where exception 50.4 applies.

65    Transfer of Minerals or Coal (01TQ)

65.1    where a writ is recorded on title
65.2    where exception 50.4 applies.

66    Transfer Releasing Easement (01TR)

66.1    lodged by a mortgagee or chargee in possession of the dominant tenement
66.2    releasing a profit à prendre or forestry right
66.3    where exception 50.4 applies.

67    Transfer Severing Joint Tenancy (01TJ)

67.1    where a registered interest in land such as a sub-lease or sub-mortgage is affected.

68    Transfer without Monetary Consideration (01TWC)

68.1    where a life estate and estate in remainder is created or affected
68.2    where exception 50.4 applies
68.3    that only affects part of the land in a folio of the Register
68.4    where execution by a person other than the registered proprietor is required, such as a court officer or a guardian              when a person's estate is subject to management under the NSW Trustee and Guardian Act 2009.

68A   Transfer and Closure of Crown Road (01TU)

68B   Transfer and Road Closure (01TX)

69    Transmission Application (03AD/AE)

69.1    where an interest in land is affected (e.g. a mortgage, lease or charge)
69.2    where a life estate and estate in remainder is created by the transmission application
69.3    where an estate in remainder is affected.

70    Variation of Easement (20EV)

70.1    a variation to the terms or site of a profit prendre or forestry right.

71    Variation of Electricity Network Assets Lease (07VA)

72    Variation of Lease (07VL)

72.1    where either the lessor or lessee are not represented by a legal practitioner or licensed conveyancer (until such                  time the VL has moved to a single party dealing)
72.2    where a variation of lease affecting a lease carried forward as a subsisting interest, e.g Bk.. No.. Lease to…’

73    Variation of Mortgage (05VM)

73.1    where a registered interest in land such as a lease or mortgage is affected
73.2    that does not affect all the mortgagees (when there are multiple mortgagees).

74    Withdrawal of caveat (08WX)

74.1    that only affects part of the land
74.2    that does not affect all the caveators (when there are multiple caveators)
74.3    affecting a registered interest (e.g. a mortgage, lease or charge)
74.4    where the caveat is withdrawn by a person other than the caveator.

Part 2 - Miscellaneous Dealing

The following documents which do not have a Real Property Act land title reference, or where the land title is not electronically tradable can be lodged electronically using a prescribed title reference NO/REF/99999 and submitted as a document in PDF format attached to the Miscellaneous Dealing.
 
The following transactions can be lodged using the Miscellaneous Dealing for the following reasons:

75    Any transaction which:

75.1    affects more than 20 folios of the Register, which cannot be separated
75.2    affects a Special Lease title
75.3    at least one title in the transaction is not electronically tradeable – e.g. a Transfer affecting 20 titles, and one title                is not electronically tradeable
75.4    the involved party’s name is (A Minor)
75.5    affects a manual title where there is no computer folio created
75.6    folio of the Register is partially cancelled

76    Memorandum (16LM)

77    Old System Deed

77.1    Any application to record the details of an Old System Deed on the Torrens Register.

NOTE: Documents such as a power of attorney can be lodged electronically for registration in the General Register. While it is not mandatory for such documents to be lodged electronically, it is a requirement that the Miscellaneous Dealing is used if they are to be lodged electronically. Lodging such documents electronically does not require a Lodgment Rules exception form.

78    Resumption of Non-RPA (00RA)/Primary Application (00PA)