NSW Conveyancing will no longer need to ask their clients for a copy of their Certificates of Title when acting on a sale or when lodging a dealing for registration as of today.
A dozen key changes being made to the NSW Land Title system will lead the NSW Conveyancing process away from a paper-based process.
The Real Property Amendment (Certificates of Title) Act 2021 makes several changes to legislation, importantly allowing for the cancellation of certificates of title (CTs) and progressing NSW to 100 per cent electronic lodgement of land transactions.
There are two significant changes:
- the cancellation of CTs and the control of the right to deal (CoRD) framework; and
- all land dealings must be lodged electronically. This is referred to as ‘100% eConveyancing’.
Taylah Allen, triSearch CEO, welcomed the move, saying: “There may be a small adjustment period for conveyancers who have been using the paper-method up until tomorrow, but having the best practice management software in the Conveyancing industry means we are equipped to help them in this transition period.
“We provide unlimited training and support to help these conveyancers successfully make the transition into a paperless workflow and I encourage you to book a demonstration to see our integrated search and software platform, triConvey.”
Key changes for Conveyancers
According to NSW Office of the Registrar General, the following will apply from tomorrow:
1. Certificates of title
Existing CTs will be cancelled and CTs will no longer be issued. Existing CTs cannot be required to be produced to have a dealing or plan lodged for registration.
Similarly, Authorised Deposit-Taking Institutions, such as banks, will no longer be issued with CoRD, which is the electronic equivalent of a CT.
The Torrens Title Register has always been and will continue to be the single source of truth as to the ownership of a person’s home. The Torrens Title Register is securely stored and backed up by both NSW Land Registry Services and the Office of the Registrar General.
2. Conveyancing changes
From 11 October 2021 lawyers and licensed conveyancers (together, representative subscribers) will no longer need to ask their clients for a copy of their CT when acting on a sale or when lodging a dealing for registration.
Subscribers will no longer be requested to enter the CAC (Certificate Authentication Code) details taken from a CT for consent purposes in an Electronic Lodgement Network Operators (ELNO) workspace.
Representative subscribers are advised to not use a CT as the sole source of evidence for the purposes of establishing their client’s right to deal with the land. Further guidance on establishing a client’s right to deal with land can be found on the ARNECC website.
Where a subscriber has relied on a CT to establish right to deal in a transaction conducted before 11 October 2021, the CT, or a copy of it, must be retained in line with the requirements for retaining supporting evidence in the NSW Participation Rules.