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

Evidence for electronic instruments

One significant difference between lodgment of paper and electronic registry instruments is the treatment of supporting evidence required for the instrument.

With paper instruments, the supporting evidence is usually required to be lodged with NSW LRS with the instruments, or be subsequently produced. 

With electronic instruments, the subscriber retains the evidence and certifies as such within the registry instrument.

Electronic discharge of mortgage

The subscriber may need to retain evidence if providing a justification for name discrepancy. See Justification for a name discrepancy.

If there is a paper Certificate of Title (CT) for the land title, the subscriber must retain the CT for the CoRD Holder Consent (see below).

Electronic mortgage

An electronic mortgage lodged via an ELNO consists of two counterparts:

  • an electronic counterpart, known as a Mortgage (Electronic Counterpart) Instrument, prepared and signed by the subscriber representing the mortgagee and
  • a paper counterpart on the same terms as the electronic mortgage signed by or on behalf of the mortgagor.

Both counterparts are required to form the legal Mortgage instrument. Only the electronic counterpart is lodged for registration. The paper counterpart must be held by the mortgagee.

If there is a paper CT with a Certificate Authentication Code (CAC) for the land title, the subscriber must retain the CT for the CoRD Holder Consent (see below).

However, there are restrictions for unencumbered land titles issued prior to 1 January 2004, see Restrictions for unencumbered land titles.

CoRD Holder Consent

If there is a paper CT for the land title, the subscriber must retain the CT for the CoRD Holder Consent.

The CT should not be marked as cancelled or destroyed.

Supporting evidence and document retention

Supporting evidence for electronic instruments must be retained for at least seven years, as per the Model Participation Rules.

For more information about supporting evidence and document retention requirements for ELNO subscribers, see the Model Participation Rules at www.arnecc.gov.au.