Real Property Regulation 2019

This Regulation is the Real Property Regulation 2019.

This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Real Property Regulation 2014, which is repealed on 1 September 2019 by section 10 (2) of the Subordinate Legislation Act 1989.

In this Regulation—

fee unit—see Part 2 of Schedule 1.

the Act means the Real Property Act 1900.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Notes included in this Regulation do not form part of this Regulation.

The provisions of this Regulation apply in addition to the provisions of the lodgment rules and the conveyancing rules made under the Act. However, to the extent of any inconsistency, the provisions of this Regulation prevail.

Schedule 1 sets out the prescribed fees for the lodgment of dealings, caveats and priority notices.

Note.

See section 3B (2) of the Act.

Despite subclause (1), if a dealing, caveat or priority notice is to be lodged electronically by means of an Electronic Lodgment Network, the prescribed fee set out in Schedule 1 must be paid in accordance with the participation agreement (within the meaning of the Electronic Conveyancing National Law (NSW)) under which the lodgment is authorised.

The following applications and dealings must state whether the persons concerned take as joint tenants or as tenants in common and, if they take as tenants in common, the shares in which they take—

an application by 2 or more persons to be registered as proprietors of land,

a transfer, mortgage, charge or lease in favour of 2 or more persons.

If the persons take as tenants in common, and if the shares in which they take are expressed as fractions, the shares must be stated by means of fractions having a common denominator and each numerator or denominator of the fraction must be an integer (for example, “A takes as to five-tenths, B takes as to three-tenths and C takes as to two-tenths”).

The following caveats must specify the particulars set out in Schedule 2 in relation to the estate or interest to which a caveator claims to be entitled—

a caveat lodged under section 74B of the Act against a primary application,

a caveat lodged under section 74F of the Act against a dealing, possessory application or delimitation plan, or against an application for cancellation of an easement or extinguishment of a restrictive covenant.

This clause applies to a caveat lodged under section 74F of the Act against a dealing, possessory application or delimitation plan, or against an application for cancellation of an easement or extinguishment of a restrictive covenant.

A caveat to which this clause applies that relates to part only of the land described in a folio of the Register or a current lease must describe the part in accordance with the requirements of Schedule 3.

A plan must not be annexed to a dealing, caveat or priority notice lodged with the Registrar-General unless the Registrar-General approves the annexure of the plan.

Unless the Registrar-General otherwise approves, a lease of premises for a term of more than 25 years must show the leased premises in a plan annexed to the lease that complies with the requirements of the lodgment rules (if any).

The times at which the Register must be available to be searched are—

for information from the Register provided in printed form—

8:30am to 4:30pm each business day, or

if the function of responding to a search request is exercised by the authorised operator—the ordinary business hours of the authorised operator, or

for information from the Register provided in electronic form—between the hours of 1am and midnight each day, subject to scheduled maintenance or unavoidable system interruptions.

The prescribed fee for a search is the fee set out in Schedule 1 for the type of search.

The fees set out in Schedule 1 are payable to the Registrar-General.

A fee is payable—

before the service to which the fee relates is provided, or

at the time and in accordance with the conditions as the Registrar-General may agree with the person paying the fee.

Note.

See section 3B (2) of the Act.