Lodgment Rules Version 2 now published
Version 2 of the Lodgment Rules (Rules) will replace Version 1 on 11 October 2021. All documents lodged with NSW Land Registry Services (NSW LRS) from that date must comply with the requirements set out in the Rules.
The Rules are now published our Lodgment Rules page.
The Rules have been made pursuant to section 12F of the Real Property Act 1900 by NSW LRS on behalf of the Registrar General (under delegation).
Key changes
Version 2 of the Rules introduces changes that reflect the new position NSW will be in on 11 October 2021 with the cancellation of Certificates of Title (CTs) and the requirement for 100% eConveyancing.
A summary of the main changes is provided below:
Electronic lodgment exceptions process
The Rules introduce the electronic Dealing with Exception form (formerly Paper Dealing), for transactions that satisfy an exception published on the Registrar General’s website. It is designed to allow certain dealings and caveats to be attached to and lodged electronically with the Dealing with Exception form which would otherwise be out-of-scope for eConveyancing.
The Rules also introduce the Miscellaneous Dealing form that operates in a similar fashion for dealings, caveats and other instruments that have no title reference. It can also be used to lodge electronically General Register of Deeds documents such as a Power of Attorney.
The list of scenarios (exceptions) that require these electronic dealing forms is published on our Lodgment Rules page.
Electronic lodgment procedural requirements
To accompany the exceptions process, the Rules also introduce new Schedules on the creation of electronic files, electronic lodging procedures and alteration of those procedures.
How will the changes in the Rules affect me?
The changes mean that on and from 11 October 2021, paper dealings will no longer be accepted for lodgment. However the Rules will permit subscribers to an Electronic Lodgment Network Operator to lodge any dealings, caveats and instruments with NSW LRS by uploading the pdf version of the dealing if it meets an exception.
Will these changes affect transactions that are scheduled to settle or dealings that will be lodged before 11 October 2021?
No. Version 1 of the Lodgment Rules will continue to apply up to and including 10 October 2021.
Enquires about this publication may be made via email to [email protected].