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

Signing electronic documents

The client is no longer required to wet sign a dealing for lodgment with NSW LRS. Electronic documents are signed using a digital signature by the practitioner representing the client or by a party representing themselves (such as a financial institution). Legally this is the same as if an equivalent paper document had been signed.

A practitioner signing on behalf of a client must hold a Client Authorisation form signed by the client. For more information on Client Authorisations, see the NSW Participation Rules for Electronic Conveyancing (section 6.3).

For mortgage documents, the mortgagee signs the mortgage document in an ELNO and certifies that they hold a counterpart of the mortgage document that is signed by the mortgagor.

For more information on digital certificates and signing, see What is PEXA in our FAQs.