Getting started

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More information to help you start eConveyancing

eConveyancing is your opportunity to transform NSW into the world’s most efficient and secure place to buy and sell property.

The change is happening and you should be familiar with the timeline for transition  to eConveyancing in NSW.

To start eConveyancing, the NSW Participation Rules require you:
  • to have an ABN
  • to be a person, partnership or body corporate
  • to be of good character and reputation
  • to comply with the insurance rules relating to professional indemnity insurance and fidelity insurance.

At this stage, the only electronic lodgment network operator (ELNO) operating in NSW is Property Exchange Australia (PEXA). Sympli is soon to commence operation.

For more details on ELNOs, visit ARNECC’s website.

Terms and Acronyms

ARNECC

Australian Registrars' National Electronic Conveyancing Council, 
a body comprised of the Registrars from all Australian States and Territories.

Digital Signature

Encrypted electronic data intended for the exclusive use of a particular person
as a means of identifying that person as the sender of an electronic communication or the signer of a document.

ELNO

Electronic lodgment network operator, the party operating the electronic platform.
The first ELNO in Australia is PEXA.

MOR

Model Operating Requirements, the rules governing the relationship between the ELNO and the land title registries.
These are the requirements on which the NSW Operating Requirements are based.

MPR

Model Participation Rules, the rules governing the relationship between the ELNO and subscribers, participants in
the system such as lawyers. These are the rules on which the NSW Participation Rules are based.

Representative

A lawyer or conveyancer who acts on behalf of a client.

Subscriber

A person or entity authorised to conduct electronic conveyancing transactions using the ELNO on behalf of a client,
such as lawyers or conveyancers, or on their own behalf, such as financial institutions and government agencies.

The three pillars of eConveyancing

Verification of identity

Verification of identity is a process to ensure a person is who they claim to be.

The NSW Participation Rules  require a Subscriber to take reasonable steps to verify the identity of:

  • Clients
  • Mortgagors
  • persons to whom certificates of title are provided
  • signers
  • subscriber administrators.

For more information see ARNECC’s MPR Guidance Note #2 – Verification of Identity.

Right to deal

Right to deal is the entitlement of a person to deal with the land in a particular conveyancing transaction.

The NSW Participation Rules  require a Subscriber to take reasonable steps to verify the right to deal of their client, and/or the mortgagor for a mortgage.

Rule 4.3 of the Conveyancing Rules  requires that a Representative take reasonable steps to verify that a client is a legal person and has the right to enter into a conveyancing transaction.

Possession of a Certificate of Title for a parcel of land is not of itself sufficient to prove that a person is the owner of that land or is otherwise entitled to deal with it.

The increasing incidence of identity theft and associated fraud, including mortgage fraud, means that all parties to land transactions and their agents must exercise due diligence in verifying the identity of persons claiming a right to deal in land.

For more information see ARNECC’s MPR Guidance Note #4 – Right to Deal.

Client authorisation

Right to deal is the entitlement of a person to deal with the land in a particular conveyancing transaction.

The NSW Participation Rules  require a Subscriber to take reasonable steps to verify the right to deal of their client, and/or the mortgagor for a mortgage.

Rule 4.3 of the Conveyancing Rules  requires that a Representative take reasonable steps to verify that a client is a legal person and has the right to enter into a conveyancing transaction.

Possession of a Certificate of Title for a parcel of land is not of itself sufficient to prove that a person is the owner of that land or is otherwise entitled to deal with it.

The increasing incidence of identity theft and associated fraud, including mortgage fraud, means that all parties to land transactions and their agents must exercise due diligence in verifying the identity of persons claiming a right to deal in land.

For more information see ARNECC’s MPR Guidance Note #4 – Right to Deal.

The change to digital has the support of the property industry, the NSW Law Society, the Australian Institute of Conveyancers and the Australian Bankers’ Association, and is in line with the commitment by the Council of Australian Governments (COAG) to the development of a national electronic conveyancing system.

You can find out more about the regulatory framework here.

Practical workshops give you hands-on experience to help you prepare for eConveyancing.

PEXA also offers specialist training, webinars, workshops and other support. Video tutorials on a range of topics, including comparing paper processes and eConveyancing when representing a vendor or purchaser, are also available here.

First, check whether the ELNO allows settlement of the particular type of transaction. All parties to a transaction must be registered with the ELNO to proceed with an electronic settlement.

To check whether a dealing is available to be lodged electronically, please see the Schedule of eDealings.