The Registrar General has declared that from 22 March 2021, twenty-nine dealings must be lodged electronically. These changes mean that NSW Land Registry Services will no longer be able to accept these certain dealings in paper at their Lodgement Office unless a Conveyancing Rules waiver applies. The list of exemptions can be found here: https://www.registrargeneral.nsw.gov.au/__data/assets/pdf_file/0006/967200/Conveyancing-Rules-Waiver-CR1-2021.pdf
The dealings required to be lodged electronically include:
- Change of Address for Service of Notices on Caveator
- Change of Address of Association
- Change of Address of Owners Corporation
- Change of Name
- Change of Name of Caveator
- Change of Name of Lessee, Mortgagee or Chargee
- Charge
- Consolidation/Change of By-laws
- Covenant Charge
- Discharge of Charge
- Notice of Death
- Positive Covenant
- Positive Covenant (with Registered Interest Holder Consent)
- Positive Covenant Affecting Land Vested in a Prescribed Authority
- Restriction on the Use of Land
- Restriction on the Use of Land (with Registered Interest Holder Consent)
- Restriction on the Use of Land by Prescribed Authority
- Restriction on the Use of Land by Prescribed Authority (with Registered Interest Holder Consent)
- Restriction on the Use of Land Vested in Prescribed Authority
- Transfer Altering Tenancy (Joint Tenants to Tenants in Common in Equal Shares)
- Transfer Altering Tenancy (Tenants in Common in Equal Shares to Joint Tenants)
- Transfer Creating a Forestry Right
- Transfer Creating a Profit a Prendre
- Transfer of Interest (Mortgage, Lease, Charge)
- Transfer Severing Joint Tenancy
- Transfer Severing Joint Tenancy in an Interest
- Transfer Without Monetary Consideration
- Variation of Lease
- Variation of Mortgage
Over the last decade, technology has been an essential part of legal practice particularly with the introduction of electronic settlements via PEXA, witnessing documents via video link and court hearings via video link. COVID-19 has reinforced the importance of technology and its ability to allow people to continue working despite a worldwide pandemic. The switch from paper lodgement to electronic lodgement will be the first of many changes to the conveyancing process so watch this space!