Real Estate Paper Title 1900x500

NSW Bill to Abolish Paper Titles

Sara Hatcher, Julian Peters, Kailee Shurmer

On 24 March 2021 the Real Property Amendment (Certificates of Title) Bill 2021 (the Bill) passed through the Legislative Assembly. The Bill has been read for the first time in the Legislative Council and is awaiting a second reading however, if passed these changes are expected to come into effect in mid-2021.

The Bill will amend the Real Property Act 1900 (NSW) to abolish Certificates of Title (CTs). This means that as at the commencement date, existing CTS will be cancelled and CTs will no longer be issued. In saying this, owners can keep their existing CTs as there is no obligation to hand it in or destroy it.

This Bill is not surprising as it supports the NSW Government’s target of becoming 100% eConveyancing. The Torrens Title Register will remain and continue to be administered by the Registrar General.

The Office of the Registrar General says that this step will strengthen and future-proof the land titles system in New South Wales, as well avoid the need for the 4,500 replacement CT applications Land Registry Services (LRS) are currently receiving each year.

As a consequence of this amendment the requirement for Control of the Right to Deal (CoRD) Holder Consent for eConveyancing transactions will also be abolished, further streamlining the eConveyancing process.

The Bill also introduces a new requirement for the Registrar General to issue an ‘Information notice’ to a lodging party noting that a dealing has been registered on title. This notice is a more comprehensive version of the current registration notice and will replicate the registration information that a lodging party would have received on receipt of a CT.

How we can help

For more information about the effects of abolishing CTs in NSW contact Julian Peters or Sara Hatcher of our Sydney Property & Development team.

If you would like to keep up to date with Alerts, Insights and upcoming events, you can subscribe to our mailing list here.

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