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  • All remaining dealings, including leases, must be lodged electronically
  • Certificates of Title and Control of the Right to Deal abolished from 11 October 2021

As of 11 October 2021, leasing will go digital in New South Wales. The Registrar General declared that from this date all remaining dealings must no longer be made in paper, including leases.

Earlier in the year, the state was getting ready to bring in e-conveyancing, with many other services delivered by the New South Wales government now going digital.

The office of the Registrar General said there’s a large difference between electronic lodgment rates for leases compared to other dealings. Today, only 50% of leases are lodged electronically, whereas all other dealings are close to 95% electronic lodgment.

Electronic leases

The electronic lease only requires the landlord’s legal representative in the electronic workspace.

It doesn’t seem like a large learning curve. The office of the Registrar General explained that the parties execute the lease terms and conditions as they do now (what has been, until now, an annexure to the lease’s front pages).

The signed lease terms and conditions can be scanned and uploaded as the ‘Conditions and Provisions’ in the workspace. It is then attached to the electronic lease form and the whole document is electronically signed and lodged.

Certificates of Title

The office of the Registrar General also noted that from 11 October 2021 all Certificates of Title (CTs) and Control of the Right to Deal (CoRD) will be abolished. This means that the parties will no longer require the mortgagee to provide a CoRD holder consent to register the lease.

Detailed information regarding electronic lodgement is available on the NSW Land Registry Services website and Registrar General’s website.

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