13 September, 2021

13 September 2021

Changes to the Land Titles System in NSW

From 11 October 2021, there is new changes to the land titles system in NSW that will transition the NSW land titles system away from paper to electronic processes.

Key Changes from 11 October 2021

1. The cancellation of paper Certificates of Title (CTs).
   1. All land dealings must be lodged electronically, referred to as “100% eConveyancing”.

From 11 October 2021, existing paper CTs will be cancelled and paper CTs will no longer be issued. After this date, the CT will no longer be a legal document and cannot be required to be produced to have a dealing or plan lodged for registration. Similarly, from 11 October 2021, paper dealings will no longer be accepted for lodgment and only electronic dealings will be accepted.

All documents or dealings, regardless of the date signed, to be registered on the Torrens Register must be lodged by a subscriber to an Electronic Lodgement Network Operator (ELNO), such as Property Exchange Australia Limited (PEXA) and Simpli Australia Pty Limited (Simpli). Subscribers to an ELNO are typically lawyers, licensed conveyancers, banks and government departments.

Local Aboriginal Land Councils (LALCs) usually own land unencumbered (ie, no mortgage on title) and generally hold the CTs as title documents for their lands. However, the paper CT will no longer be a legal document after 11 October 2021 and LALCs will not be able to use the CTs to deal with the land. All dealings will be conducted electronically via PEXA or Simpli. 

LALCs that plan to deal with their land in the next six months should hold on to the CT, even after 11 October 2021. This is because the CT may be required to answer any requisitions raised by NSW Land Registry Services (LRS) in relation to dealing(s) lodged before or shortly after 11 October 2021.

Other changes – Registration of dealing instruments involving LALC lands

Land dealing instruments involving LALC lands are required to be accompanied by a Registration Approval Certificate (RAC) issued by the Chief Executive Officer of the New South Wales Aboriginal Land Council.

Paper lodgment of a RAC at NSW LRS is no longer required, and RACs can now be lodged electronically via PEXA or Simpli together with the dealing instrument.

Further Enquiries – Please contact Karen Do at the NSWALC Land and Property Unit on 02 9689 4442 or by email karen.do@alc.org.au or visit the NSW Registrar General website: Abolition of Certificates of Title.