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 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 must be stated.
(B) The full details of the lodging party must be entered including the customer account number if any.
(C) The name of the registered proprietor must be stated and must be identical with the name shown on the Register.
(D) The full name and capacity of the applicant/secretary or appointed managing agent must be stated.
(E) The appropriate box on the form must be ticked.
(F) The appropriate box on the form must be ticked.
(G) Where the applicant is the Owners Corporation of a Strata scheme, execution must take the form as set out in Strata Schemes Approved form 23.
Where the applicant is the Association of a Community, Precinct or Neighbourhood scheme, execution must take the form as set out in Community Title Schemes Approved form 18.
Supporting evidence required
- A statutory declaration by the secretary or appointed managing agent of the owners corporation or community, precinct or neighbourhood scheme. The statutory declaration must:
- refer to the current title reference of the missing Certificate of Title
- trace the Certificate of Title to the person or organisation last known to have had possession of it. That person or an authorised officer of the organisation must declare fully the circumstances relating to the loss or destruction of the title.
Where however, the party known to have had possession of the title is an organisation, other than the applicant, a statutory declaration from that organisation is not required if possession was obtained more than seven years ago
- 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 Brigades report of the fire is required.
- Corroborative evidence of the loss and of any searches or enquiries made, if appropriate.
NOTE: The Council rate notice is not required to be furnished.
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 for NSW (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 for service of notices on the folio for the common property.
All applications lodged by a private party will not be accepted for lodgment but will be referred directly to the Senior Dealing Examiner.
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 with registration.
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. Copies of any identification documents must be given an Evidence Number at time of registration.
Replace damaged or laminated title
DELIVERY DETAILS as required.