Strata reforms commenced
11 December 2023

The Strata Legislation Amendment Act 2023 received assent on 11 December 2023, with most provisions now in force. This Act marks the first phase of reforms that will give immediate benefits to people living in strata. The legislation implements 31 recommendations from the 2021  Report on the statutory review of the strata laws, making the strata renewal process more transparent, and addressing by-laws about pets and assistance animals, strata and association committees and overall governance. Please visit the NSW Government website for more information about the changes, and visit the NSW legislation website to access the law. 

The Office of the Registrar General will work with NSW Fair Trading throughout 2024 to develop legislation implementing the remaining review recommendations.

Lodgment of certain caveats

The Supreme Court of NSW in Brose v Slade [2022] NSWSC 1785 determined that the electronic caveat form should offer “beneficial estate or interest (or similar)” as the estate or interest type claimed. The Office of the Registrar General is looking closely at possible changes to the electronic caveat form to address the matters raised in the judgment. In the interim, Subscribers who need to lodge a caveat in the same form espoused in Brose v Slade will need to do so as a Dealing with Exception (DwE). For more information, please visit our website.

ARNECC publishes Consultation Draft – Electronic Conveyancing National Law Enforcement Framework

On 30 November 2023, ARNECC published a paper setting out a proposed framework for broader enforcement powers under the Electronic Conveyancing National Law. This paper builds on the position paper previously circulated to industry in April 2021 by highlighting key changes and providing stakeholders with greater clarity on the framework and its operation. Stakeholders will have until 2 February 2024 to provide submissions on the proposal.

Interoperability - Ministerial support and ARNECC announcement on scope

On 9 November 2023, Federal and State and Territory Ministers and their representatives met with industry to discuss the progress of the interoperability reform. Ministers reaffirmed their support for the interoperability solution to be built as quickly as possible, and welcomed the finalisation of timelines for Release 1, 2 and 3 of the interoperability functionality. Australian Registrars’ National Electronic Conveyancing Council (ARNECC) has also published a statement on the scope of interoperability and key principles that apply to the reform. The Ministers’ Statement and ARNECC’s statement on scope and principles are available on the ARNECC’s website.

Lextech achieves Category One compliance

On 14 December 2023, ARNECC assessed Lextech Pty Limited as meeting the requirements of Schedule 3, Category One of the Model Operating Requirements. This is an important first step in the process to become an Electronic Lodgment Network Operator. Lextech can now commence discussions with the Registrar General for an approval to operate in NSW. Further information is available on the ARNECC website.

Client Authorisation form
version 6

All Subscribers must ensure that they are using the latest Client Authorisation form (version 6) at the time of execution, which can be found at Schedule 4 of the NSW Participation Rules for Electronic Conveyancing. A copy of the Client Authorisation smart form is available on the ARNECC website.

Subscriber compliance information sheet

Please see our information sheet for guidance on the Compliance Examination process in electronic conveyancing. We would like to remind Subscribers about their obligation under the NSW Participation Rules for Electronic Conveyancing to respond promptly to NSW Land Registry Services and the Office of the Registrar General.

Keep your Subscriber details up to date on PEXA and Sympli

Please ensure to keep Subscriber details, including email addresses, up to date with Electronic Lodgment Network Operators (PEXA and Sympli). This obligation on Subscribers to keep its details up to date can be found at Rule 6.2 in the NSW Participation Rules for Electronic Conveyancing. If you are unsure of how to update your details, please contact PEXA or Sympli.

Boundary Determination information sheet

Please see our information sheet on how to lodge an application for a boundary determination for guidance on who may lodge an application, how to apply, and what happens after the Registrar General receives an application.

Seeking industry feedback on NSW LRS Connect

NSW Land Registry Services (NSW LRS) is seeking feedback on the limitations of NSW LRS Connect that would require a continued option for manual lodgment of survey plans, Section 88B Instruments and Administration Sheets. Please email your feedback to connect@nswlrs.com.au and digitalsurveyplans@customerservice.nsw.gov.au by 31 January 2024. For more information, please see the NSW LRS announcement.

NSW LRS End-of-year operating hours

The NSW LRS Lodgment Office will be closed to walk-in customers on the public holidays 25 December, 26 December 2023 and 1 January 2024. For entry to the Lodgment office during the building closure dates, appointments can be made via email to losupport@nswlrs.com.au or phone on 02 8776 3575.

The Office of the Registrar General End-of-year operating hours

Our office will be closed between 25 December 2023 to 5 January 2024, and will reopen on Monday 8 January 2024.