Dealing type - PV
Legislation - section 111 Real Property Act 1900
Stamp duty - not required
Certificate of Title - required where the Certificate of Title is laminated, damaged or partly destroyed
NOS form - not required
Standard form of Caveat - does not prevent registration
Recorded caveats must be examined to determine whether the caveator may be in possession of the Certificate of Title (e.g. a caveat by the NSW Trustee and Guardian or a caveator claiming as an unregistered mortgagee) or if the caveat is a registered proprietor’s caveat alleging fraud.
Priority Notice noted on the Register - see Priority Notice page.
Types of applications accepted
An Application for Replacement Certificate of Title form 12PV will be accepted if the Certificate of Title is lost, destroyed, damaged or laminated.
Where an Application for Replacement Certificate of Title form 12PV is lodged for replacement of a damaged or laminated title and the reference to title and Certificate Authentication Code (if any) are legible, reference to section 111 Real Property Act 1900 will not be recorded on the replacement certificate of title issued.
Use of an Application for Replacement Certificate of Title form 12PV is not appropriate where the Certificate of Title is held by some person not entitled to its custody, in which case consideration should be given to lodging a Request form 11R for production of the title.
For further information on completion of the application form see fact sheet Application for replacement Certificate of Title.
The following instructions relate to the marginal letters on the form:
(A) The reference(s) to title must be stated. More than one Certificate of Title may be included in the application provided:
- they are all in the name of the same registered proprietor and
- they were lost, damaged or destroyed in the same circumstances
(B) The full details of the lodging party must be entered including the customer account number if any.
(C) The full name of the registered proprietor must be stated and must be identical with the name shown on the Register. Where the name of a registered proprietor has changed a Change of Name form 10CN must be lodged.
(D) The full name of the applicant/registered mortgagee must be stated.
(E) The appropriate box on the form must be ticked.
(F) The appropriate box on the form must be ticked.
(G) The dealing must be executed by the applicant/mortgagee and be witnessed, or it may be executed on the mortgagee’s behalf as follows:
|Attorney and witnessed
||Solicitor or Barrister
||Authorised Officer and witnessed
For execution requirements of a company see execution requirements for companies, witnesses etc
Supporting evidence required
- A statutory declaration by the first mortgagee being a financial institution e.g. a bank, credit union, building society etc., that has control of the Certificate of Title. The statutory declaration must be made by an authorised officer or legal representative of the mortgagee and their position and authority to do so on behalf of the mortgagee must be stated. The statutory declaration must:
- refer to the current title reference of the missing Certificate of Title
- declare fully the circumstances relating to the loss or destruction of the title. If the Certificate of Title has been stolen or destroyed in a fire, the police event report number for the theft or the Fire Brigade’s report of the fire is required
- state the particulars of any unregistered mortgage, charge or covenant charge affecting the land.
- Corroborative evidence of the loss and of any searches or enquiries made, if appropriate.
NOTE: The council rate notice for the land is not required.
No identification documents are required.
Requests for Urgency
Immediate delivery of the replacement Certificate of Title is not available. Requests for urgency will not be considered. Current timeframes for the processing of dealings can be found on the NSW LRS website.
Subsequent discovery of missing certificate of title
If NSW LRS is informed that the missing Certificate of Title has been discovered:
- before the new Certificate of Title has issued, action on the Application for a Replacement Certificate of Title will be discontinued; or
- after the new Certificate of Title has issued, the superseded Certificate of Title must be produced to NSW LRS for cancellation.
NSW legislation can be accessed at www.legislation.nsw.gov.au/
Staff processing information
For the Examination Officer
If in order proceed with registration
Replace lost or destroyed title
PRIME CODE: PV
Note The application must not be registered 'HIST' with following dealings. A copy of the rate notice and identification documents etc. if lodged must be given an Evidence Number at time of registration.
Replace damaged or laminated title
DELIVERY DETAILS as required.