The Real Property Amendment (Certificates of Title) Act 2021 will make significant changes to land holding in New South Wales. 

Under this Act, all paper Certificate of Title will be cancelled which will facilitate the electronic lodgement of all land transactions in New South Wales.

Paper Certificates of Title will no longer have any legal effect from 11 October 2021.   

Instead of a paper Certificate of Title, land owners will now be issued with an “Information Notice” which will confirm the dealings registered on the title and the date of registration of those dealings.

If you are holding a paper Certificate of Title for any properties you own, you don’t need to do anything.  After 11 October 2021, the paper Certificate will simply cease to be a legal document, but you are entitled to retain the paper Certificate for sentimental or historical purposes. 

If you have a mortgage registered against any property you own with a financial institution, the paper Certificate of Title for that property already ceased to have legal effect several years ago.  When you repay that mortgage, you will receive an Information Notice. 

If you are in the middle of a transaction, or you propose to enter into a transaction, which will take effect over the next 6 months, you should retain the paper Certificate and speak with us about what steps may need to be taken.  Transitional arrangements will apply for a period spanning 11 October and you should not destroy the paper Certificate of Title in case it is required during that transitional period.

Although it is less common these days, if you have lodged a paper Certificate of Title as security for a loan made to you by someone else, or you are holding a paper Certificate of Title as security for a loan you provided to someone else, you should contact us as soon as possible to have those arrangements reviewed and the relevant steps taken to protect your interests.   

If you require any assistance in relation to the new arrangements, or in relation to any property matter generally, please contact a member of our Property Team on 9525 8688.