Commencement of lodgment rules
Circular 2017/03
New Lodgment Rules for the preparation and lodgment of plans and dealings will come into effect on 19 May 2017. All documents lodged with LPI from that date must comply with the requirements set out in the Rules.
The Lodgment Rules have been made under s 12F of the Real Property Act 1900, which will be introduced by the Land and Property Information NSW (Authorised Transaction) Act 2016. For more information on the changes made by the LPI Authorisation Act, see ORG Circular 2017/01.
New section 12F allows the Registrar General to make Lodgment Rules for provision of titling and registry services, including:
- the preparation, form, and content of documents lodged for registration;
- making an application for titling and registry services;
- business operating hours.
Content of the Lodgment Rules – no changes to practice
The Lodgment Rules are compiled from existing provisions in the Conveyancing (General) Regulation 2013, Real Property Regulation 2014 and the Strata Schemes Development Regulation 2016 (‘Regulations’) which will, upon commencement of the Lodgment Rules, be repealed from the Regulations. No new requirements have been introduced at this time.
The table below provides a guide to the Lodgment Rules and the Regulation on which the Rule was based.
Lodgment rule | Subject matter | Regulation |
---|---|---|
Rule 4 | The General Register of Deeds | |
Rule 5 | Requirements for dealings, caveats and instruments lodged in paper form in the Torrens Register | |
Rule 6 | Requirements for plans annexed to dealings or caveats lodged in the Torrens Register | |
Rule 7 | Requirements for deposited plans lodged under the Conveyancing Act 1919 | |
Rule 8 | Requirements for strata plans | |
Rule 9 | Searches | Real Property Regulation 2014 and Conveyancing (General) Regulation 2013 |
The Conveyancing Act 1919, Real Property Act 1900, and the Strata Schemes Development Act 2015 (and each supporting Regulation) contain definitions and other provisions that affect the interpretation and application of the Lodgment Rules.
More information
The Land and Property Information NSW (Authorised Transaction) Act 2016 can be found on the NSW legislation website at www.legislation.nsw.gov.au.
The Lodgment Rules – Version 1 are published on the Office of Registrar General website at
www.registrargeneral.nsw.gov.au and in the NSW Government Gazette.
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