eConveyancing

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Digital innovation: leading the way

eConveyancing is part of the NSW Government’s commitment to leading digital innovation. The move to digital has the support of the property, legal and financial industries and is in line with the commitment by the Council of Australian Governments (COAG) to the development of a national electronic conveyancing system.

Electronic conveyancing (eConveyancing) is an efficient, accurate and secure way of conducting the settlement and lodgment stages of a conveyancing transaction. It replaces many of the paper and manual processes traditionally involved in property transactions.

eConveyancing allows lawyers, conveyancers and financial institutions to interact and transact together online. Within the digital environment, information can automatically feed in from the original source and populate all documentation while the system cross-checks that information. Documents are created, signed and lodged within the online environment, and parties also complete all necessary steps to settle the transaction within that online environment.

Since 1 July 2018, lawyers and conveyancers are required to use eConveyancing for standalone caveats and transfers, mortgages, and discharges.

Since 1 July 2019, all transfers, mortgages, discharges of mortgage, caveats, withdrawals of caveats and transmission applications (and combination thereof) must be lodged electronically.

Register for eConveyancing

PEXA

Sympli

Important information for people who lodge documents in paper and handle their own property transactions

Benefits of eConveyancing

eConveyancing has the potential to deliver many benefits, including increased transparency, and a reduced risk of errors, fraud and delays.

Less stress

More efficient

Client friendly

Reduced risk of manual errors, fraud and delayed settlement

No need to physically attend settlement or wait on hold when calling banks or the other parties

Responds to consumer demand for transport instantaneous and efficient processes

Reduced costs

Less risk

Supports flexible working

Electronic funds transfer removes the cost of bank cheques

Quicker and safer lodgments

eConveyancing gives you more control of your workflow and enables remote working

More accurate

More efficient

Reduced risk of manual errors, fraud and delayed settlement

No need to physically attend settlement or wait on hold when calling banks, for example

Better file management

Less risk

eConveyancing gives you more control of your workflow

Quicker and safer lodgments along with pre-lodgment verification and direct access to Land Registry date

Peace of mind

Convenient

Faster access to proceeds of a sale

Reduced risk of manual errors, fraud and delayed settlement

Less visits to your lawyer or conveyancer’s office: the client authorisation allows your lawyer or conveyancer to sign required transaction documents on your behalf

eConveyancing generally removes the three-day wait for settlement funds to clear

Reduced costs

Less risk

Greater transparency

Electronic funds transfer removes the cost of bank cheques

Your interest in title is registered immediately on settlement, so there is no lodgment gap risk

eConveyancing enables access to updates in real time

Getting started

All Mainstream dealings must be lodged electronically. To do so you must be registered with an Electronic Lodgment Network Operator (ELNO).

Since 1 July 2018, lawyers and conveyancers are required to use eConveyancing for standalone caveats and transfers, mortgages, and discharges.

Since 1 July 2019, all Mainstream dealings whether standalone or in combination must be lodged electronically.

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.

Register with Property Exchange Australia (PEXA) or Sympli.

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.

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.

Find out more about the regulatory framework.

PEXA 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.