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

Expired lease removal

Request form 11R (PDF 150 KB)

Dealing type - R

(A) Stamp duty - not required

Certificate of Title - not required

NOS form - not required

Standard form of Caveat - does not prevent registration. 

Where a lease has been carried forward as a subsisting interest, i.e. 'Bk ... No. ... Lease To ...', a Request form 11R may be lodged to expire the lease.

(B) The reference to title for the land affected by the request must be stated. The lease must be expired as regards the whole of the land or premises leased.

(C) The registered number of the head lease affected by an expired sublease must be stated. The reference to title for the land affected by the request must be stated.

(E) The full name of the applicant must be stated.

(F) A short description of the nature of the request must be stated.

(G) Full details of the request must be stated.

The registered number of the expired lease must be stated.

If the expired lease contains an option to purchase, a statutory declaration by the lessor stating that the time for the exercise of the option has ended and the option was not taken up must be furnished.

If the expired lease has a current option of renewal, a statutory declaration by the lessor stating that the time for the exercise of the option has ended and the option was not taken up, or that the option was not exercised, must be furnished.

If the lease expired less than 12 months ago and does not have an option of renewal, a statutory declaration by the lessor stating that a variation of lease extending the term has not been entered into, must be furnished.

Where the lease does not have a definite expiry date appropriate evidence to show that the event that determines the lease has occurred is required, e.g. a copy of the Death Certificate for the lessee would suffice for a lease for '99 years or the life of the lessee'.

(H) The dealing must be executed by the applicant and be witnessed, or be executed on the applicants behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Applicant Tick Tick Tick Tick

See execution requirements for companies, witnesses etc pages.

(I) Not to be completed (see NOS form above).

Staff processing information 

If in order proceed with registration except for the following.

Refer to SD31

Expiry of:

  • a Crown land tenure Term lease
  • a Crown land Real Property Act lease.

Refer to SM99

Where the lease created an easement.

Registration procedure

TRANSACTION    OFF

PRIME CODE    code of expired lease as shown on the Register

PRIME NUMBER    number of expired lease.

Expiry of a sub-lease

TRANSACTION    OFF

PRIME CODE    code of head lease as shown on the Register

PRIME NUMBER    number of head lease

SUB CODE    code of expired sub-lease as shown on the Register

SUB NUMBER     number of expired sub-lease.