Electronic lodgement of land registry documents: Settlement industry bulletin issue 84
Consumer Protection is sending this important information on behalf of Landgate.
Electronic lodgement of land registry documents
Regulations requiring the electronic lodgement of eligible land registry documents came into effect on 1 May 2018, with an exemption granted until 1 December 2018.
From 1 December 2018 the following further classes of registry documents must be lodged electronically:
- all eligible, stand-alone transfers, caveats and withdrawals of caveats; and
- any lodgement case consisting of eligible discharges, transfers, mortgages, caveats and withdrawal of caveats.
In-flight transactions will not be affected. This means that an offer and acceptance (O&A) dated on or after 1 December which results in an eligible transaction will be required to be lodged electronically. A standalone caveat or withdrawal of caveat where executed on or after 1 December 2018 and that is eligible must be lodged electronically.
Paper lodgement will not be accepted for the above scenarios unless the document(s) cannot be lodged using an Electronic Lodgement Network and a completed Request to Accept Paper Lodgement form is attached. Reasons are to be clearly set out in the Request to Accept Paper Lodgement form available on the Landgate website.
Request to accept paper lodgement
From 1 December 2018 the Request to Accept Paper Lodgement form must be used with any lodgement case in paper consisting of:
- Discharge of Mortgage/Mortgage
- Caveat/Withdrawal of Caveat
The form must be completed by the party requesting paper lodgement, and that party must also ensure they hold evidence that supports their request. The Registrar of Titles will monitor the use of the Request form and evidence may be called upon at any time to ensure compliance with the Regulations.
The coversheet was developed in consultation with industry. Feedback indicated a strong desire for there to be no approval process prior to lodgement to use the coversheet. It is incumbent on industry to ensure correct use of the coversheet and ensure users transact electronically where required.
The form does not need to be used in a lodgement case that includes an additional document(s) not listed above: e.g. transmission, survivorship, application.
Further information can be found in the FAQs.
Please direct any enquiries about the above to Landgate (email).
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