Form 12PV (PDF 164 KB)
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 or damaged
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 to title for the lost or damaged Certificate of Title must be stated. More than one Certificate of Title may be included in the application providing:
- they are all in the name of the same registered proprietor and
- they were lost 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/trustee institution must be stated.
(E) The appropriate box on the form must be ticked.
(F) The appropriate box on the form must be ticked.
(G) An application executed by the Official Trustee in Bankruptcy may be executed by the Official Trustee under seal, or if executed without a seal, the execution must be witnessed. The application may also be executed on trustee’s behalf as follows:
|Attorney and witnessed
||Solicitor or Barrister
||Authorised Officer and witnessed
An Application executed by the NSW Trustee and Guardian may be executed as follows:
- by the NSW Trustee and witnessed
- by an authorised person and witnessed
- by a manager appointed by the Supreme Court and witnessed, or if not witnessed a sealed copy of the Order must be furnished
Supporting evidence required
- A statutory declaration by an officer of the trustee institution having control of the Certificate of Title. The statutory declaration must:
- refer to the current title reference of the missing Certificate of Title
- fully describe the circumstances relating to the loss or destruction of the title
- if destruction cannot be positively established, the usual practice in regard to the safe custody of the Certificate of Title must be stated and that a search of all likely places where it could be held has been made
- if the Certificate of Title has been lost in the post or while in possession of a courier service or the Document Exchange (DX), a written reply to enquiries directed to the relevant organisations and the results of searches conducted must be annexed
- 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. A statutory declaration by the mortgagee or chargee is required
- state that the Certificate of Title is not held by any person or company as security for a loan or any other purpose
- state that the registered proprietor has never been bankrupt or insolvent and has not assigned the estate for the benefit of creditors. (This requirement does not apply to an application by the Official Trustee in Bankruptcy).
- Corroborative evidence of the loss and of any searches or enquiries made, if appropriate
- Where a caveat is recorded on the Register and the caveator is claiming as an unregistered mortgagee or chargee, a statutory declaration by the caveator stating that the caveator is not in possession of the Certificate of Title.
NOTE: A Council rate notice is not required for an application by the Official Trustee in Bankruptcy or the NSW Trustee and Guardian.
Private lodging party
A private lodging party, i.e. a lodging party other than a financial institution, law stationer, licensed conveyancer or solicitor, who does not have an NSW LRS document collection box, must provide:
- photo identification in the form of a current Australian driver licence, Transport (formerly RMS) photo card or current Australian passport and if applicable
- an accompanying statutory declaration to explain any difference between the postal address given for delivery and the address for service of notice shown on the rate notice.
The new Certificate of Title will be delivered to the address shown on the rate notice, except where an accompanying statutory declaration satisfactorily explains why another postal address is to be used.
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
If in order proceed to registration except for the following
Refer to SM99
Creation of a replacement manual certificate of title.
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. must be given an Evidence Number at time of registration.
Replace damaged or laminated title
DELIVERY DETAILS as required.