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 of service of lapsing notice

Following the issue of the lapsing notice, applicants are required to lodge evidence of service of the lapsing notice within 4 weeks of the lapsing notice being issued – see section 74J(2) Real Property Act 1900.
Evidence of service should take the form of a statutory declaration or affidavit.
The statutory declaration/affidavit must:

  • refer to one caveat only (where more than one caveat is involved, separate statutory declarations are required) and
  • must specify:
    •  the date of service
    •  the address at which the notice was served and
    •  the method of service (i.e. in person or registered post). Please note that service may only be effected using one of the prescribed methods in section 74N Real Property Act 1900. Please also note that express post and ordinary post DOES NOT constitute registered post for the purposes of section 74N Real Property Act 1900.

The above requirements may be satisfied using the standardised statutory declaration (which is sent out by email with the lapsing notices). Once evidence of service has been provided the Application for Preparation of Lapsing Notice cannot be withdrawn.

Providing evidence of service of lapsing notice

You can lodge statutory declaration (or affidavit) evidence in one of two ways, in person at our office, or online via the Virtual Lodgment office portal.

Please do not return the statutory declaration (or affidavit) via email, as it will not be accepted.

If the statutory declaration (or affidavit) is not received within 4 weeks of the date of the lapsing notice being issued, the caveat will not lapse and the application for lapsing may be rejected.

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


Publication Date: March 2024