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

Charge pursuant to Housing Act 2001

Pursuant to section 72B Housing Act 2001 (NSW) (the ‘Act’), the New South Wales Land and Housing Corporation (the ‘Corporation’) may, after obtaining an order of a court in proceedings against a person for the recovery of money, apply to the Registrar General for registration of the order in relation to any land owned by the person (see section 72B of the Act).

The application cannot be made unless the amount payable under the order exceeds $1,000 and the amount (or part of it) is payable because the person improperly obtained a rental rebate or other advantage or concession from the Corporation.

The application may be registered by lodgment of a Request form 11R, must be accompanied by a sealed copy of the court order and must be executed by the Corporation. The Request does not require marking by Revenue NSW.

On registration of the court order, a charge is registered on the land to which it relates to secure the payment to the Corporation of the amount payable under the order (see section 72B(5) of the Act).

NOTE: This dealing type must be lodged as Dealing with Exception and be accompanied by a completed Lodgment Rules Exception form.

NOTE: The charge is subject to every mortgage, lease, or other interest previously recorded in the Register (see section 72B(7) of the Act) and has no effect until it is registered (see section72B(10) of the Act).

The charge ceases to have effect in relation to the land:

  • if the Corporation certifies in writing that the amount payable under the order has been paid to the Corporation or that the Corporation has otherwise agreed to the cancellation of the charge, or
  • on the sale or other disposition of the property with the consent of the Corporation, or
  • on the sale of the land to a purchaser in good faith for value who, at the time of the sale, has no notice of the charge.

whichever first occurs (see section 72B(6) of the Act).

Where a charge ceases to have effect under section 72B(6) of the Act, it may be cancelled by lodgment of a Request form 11R. The Request must be executed by the Corporation.  

The Request for cancellation does not require marking by Revenue NSW.  

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

Staff processing information

Refer all cases to Legal through the Senior Examining Officer.

Publication Date: March 2024