This Regulation replaces the 2014 rules, prescribes fees and electronic‑lodgment arrangements for land titling, lodgments, caveats, searches and plans, and sets operational requirements (form, plan approval, retention, service and review procedures). It also fixes automatic annual CPI indexing for fees and a $500,000 settlement cap without Ministerial approval.
It directly affects people and businesses lodging or searching the Register, Electronic Lodgment Networks and participants, and the Registrar‑General — changing costs, timing and procedural steps for registry transactions.
The Real Property Regulation 2019 is subordinate legislation made under the Real Property Act 1900 (the Act). Its primary function is to prescribe the practical machinery that supports the Torrens title registration system in New South Wales. Clause 1 simply names the Regulation. Clause 2 provides that it commenced on 1 September 2019 and repealed the Real Property Regulation 2014 via the operation of s 10(2) of the Subordinate Legislation Act 1989.
At its heart the Regulation does four things. First, it sets fees. Clause 5(1) states that Schedule 1 contains the prescribed fees for lodgment of dealings, caveats and priority notices (see s 3B(2) of the Act). Clause 12(1) makes the same Schedule 1 fees payable to the Registrar-General, with payment required before the service is provided or on agreed terms (cl 12(2)). The fees are expressed in “fee units” (defined in cl 3(1) by reference to Schedule 1 Part 2). Part 2 of Schedule 1 contains a detailed CPI-based indexation formula that sets the value of a fee unit at $103.41 for 2019–20 and then adjusts it annually according to the Sydney All Groups CPI, with rounding to the nearest cent and a floor that prevents any reduction below the previous year’s amount. The Registrar-General must publish the new fee unit amount on the NSW legislation website and the actual fees on a government website (Sch 1 cl 7).
Second, the Regulation imposes formal requirements on specific instruments. Clause 6(1) mandates that any application by two or more persons to be registered as proprietors, or any transfer, mortgage, charge or lease in favour of two or more persons, must state whether they take as joint tenants or as tenants in common. If tenants in common, the shares must be expressed as fractions with a common denominator and integer numerators and denominators (cl 6(2)). Clause 7 requires that caveats lodged under ss 74B or 74F of the Act must contain the particulars set out in Schedule 2. Those particulars include the nature of the estate or interest claimed, the facts on which the claim is founded, particulars of any written agreement or instrument, the amount of any debt if the claim is as mortgagee or chargee, the term and commencement date of any lease, and the dominant land or authority for easements, profits à prendre, restrictions or positive covenants (Sch 2 items 1–9). Clause 8 and Schedule 3 prescribe how a caveat that affects only part of the land must describe that part—normally by reference to a current plan, a proposed lot in a plan yet to be registered, or an annexed plan approved by the Registrar-General. Special rules apply to premises in existing buildings, proposed strata lots, unregistered easements (especially underground services) and mines or minerals (Sch 3 items 2–5).
Current sections
Direct links to the current provisions in Real Property Regulation 2019.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2) Notes included in this Regulation do not form part of this Regulation.
Part 2
Dealings and caveats
Part 2 Dealings and caveats
Part 2 Dealings and caveats
4
Application of other instruments
4 Application of other instruments
4 Application of other instruments
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.
5
Lodgment of dealings, caveats and priority notices
5 Lodgment of dealings, caveats and priority notices
5 Lodgment of dealings, caveats and priority notices
(1) Schedule 1 sets out the prescribed fees for the lodgment of dealings, caveats and priority notices.
Note.
See section 3B (2) of the Act.
(2) 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.
cl 5: Am 2021 No 10, Sch 2[1].
6
Joint tenancy or tenancy in common to be stated
6 Joint tenancy or tenancy in common to be stated
6 Joint tenancy or tenancy in common to be stated
(1) 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—
(a) an application by 2 or more persons to be registered as proprietors of land,
(b) a transfer, mortgage, charge or lease in favour of 2 or more persons.
(2) 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”).
7
Caveats—particulars of estate or interest claimed
7 Caveats—particulars of estate or interest claimed
7 Caveats—particulars of estate or interest claimed
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) a caveat lodged under section 74B of the Act against a primary application,
(b) 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.
8
Caveats applying to part of land only—description of part
8 Caveats applying to part of land only—description of part
8 Caveats applying to part of land only—description of part
(1) 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.
(2) 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.
9
Annexure of plans to dealings, caveats and priority notices
9 Annexure of plans to dealings, caveats and priority notices
9 Annexure of plans to dealings, caveats and priority notices
(1) 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.
(2) 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).
Part 3
Searches
Part 3 Searches
Part 3 Searches
10
Public searches—the Act, s 96A
10 Public searches—the Act, s 96A
10 Public searches—the Act, s 96A
(1) The times at which the Register must be available to be searched are—
(a) for information from the Register provided in printed form—
(i) 8:30am to 4:30pm each business day, or
(ii) if the function of responding to a search request is exercised by the authorised operator—the ordinary business hours of the authorised operator, or
(b) 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.
(2) The prescribed fee for a search is the fee set out in Schedule 1 for the type of search.
cl 10: Subst 2025 No 50, Sch 5[1].
11
11
11 (Repealed)
Part 4
Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
12
Fees payable to the Registrar-General
12 Fees payable to the Registrar-General
12 Fees payable to the Registrar-General
(1) The fees set out in Schedule 1 are payable to the Registrar-General.
(2) A fee is payable—
(a) before the service to which the fee relates is provided, or
(b) 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.
13
Period for retention of documents: section 12AA (2) (b) and (c)
13 Period for retention of documents: section 12AA (2) (b) and (c)
13 Period for retention of documents: section 12AA (2) (b) and (c)
For the purposes of section 12AA (2) (b) and (c) of the Act, the period prescribed is—
(a) for a plan or other document that has been lodged otherwise than for the purpose of its being registered or recorded, the period of 7 years, or
(b) for a plan or other document that has been registered or recorded, the period of 7 years.
14
Statement to accompany notice to NSW Trustee and Guardian of intention to apply for foreclosure order: section 61 (2A)
14 Statement to accompany notice to NSW Trustee and Guardian of intention to apply for foreclosure order: section 61 (2A)
14 Statement to accompany notice to NSW Trustee and Guardian of intention to apply for foreclosure order: section 61 (2A)
For the purposes of section 61 (2A) of the Act, a statement accompanying a notice to the NSW Trustee and Guardian of intention to make an application for a foreclosure order must contain the following particulars—
(a) a statement that the notice is given under section 61 (2A) of the Act,
(b) the full name and last known address of the mortgagor concerned and the date and place of his or her death,
(c) the amount due and owing under the mortgage at the date the notice is given or at the date specified in the notice.
15
15
15 (Repealed)
16
Service of notices relating to lease where proprietor of lease is bankrupt: section 91 (2) and (5)
16 Service of notices relating to lease where proprietor of lease is bankrupt: section 91 (2) and (5)
16 Service of notices relating to lease where proprietor of lease is bankrupt: section 91 (2) and (5)
For the purposes of section 91 (2) and (5) of the Act, the prescribed manner of serving a notice is by serving it in the manner provided in section 170 of the Conveyancing Act 1919.
17
Administrative review of decisions of Registrar-General: section 121
17 Administrative review of decisions of Registrar-General: section 121
17 Administrative review of decisions of Registrar-General: section 121
(1) Applications not to be made before request for internal review: section 121 (8) (d) A person is not entitled to make an application under section 121 of the Act in relation to a decision of the authorised operator unless—
(a) the person has requested an internal review of the decision by the authorised operator, and
(b) the authorised operator has notified the person of the outcome of that internal review or the person has not, within 21 days of the lodgment of that request (or within the period as the authorised operator and person agree on), been notified of the outcome of that internal review.
(2) Application to include supporting information and evidence: section 121 (8) (c) An application for a review by the Registrar-General under section 121 of the Act must include all the supporting information and evidence that the applicant seeks to rely on in the review.
(3) Notice and reasons for decisions to be given in writing: section 121 (8) The notice of a decision on a review under section 121 of the Act, and the reasons for the decision, must be given by the Registrar-General to the persons referred to in section 121 (6) of the Act in writing.
18
Settlement of claims: section 135 (3) (b)
18 Settlement of claims: section 135 (3) (b)
18 Settlement of claims: section 135 (3) (b)
For the purposes of section 135 (3) (b) of the Act, the maximum amount that may be paid by the Registrar-General (without the approval of the Minister) in settlement of a claim is $500,000.
19
Savings
19 Savings
19 Savings
Any act, matter or thing that, immediately before the repeal of the Real Property Regulation 2014, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1
Fees
Schedule 1 Fees
Schedule 1 Fees
(Clauses 5, 10, 11 and 12)
Note.
Section 3B (2) of the Act provides that a fee prescribed under this or any other Act for or in respect of the exercise of a titling and registry function is, when the function is exercised by the authorised operator, the maximum fee that is payable and the authorised operator can accept a lesser fee for or in respect of the exercise of the function.
sch 1: Am 2021 No 10, Sch 2[2]–[5].
sch.1-sec
Calculation of fee unit for purposes of Regulation
sch.1-sec Calculation of fee unit for purposes of Regulation
Calculation of fee unit for purposes of Regulation
(1) For the purposes of this Regulation, a fee unit is—
(a) in the financial year 2019–20, $103.41, and
(b) in each subsequent financial year, the amount calculated as follows—
where—
A is the CPI number for the March quarter in the financial year immediately preceding the financial year for which the amount is calculated.
Note.
111.3 is the CPI number for the March quarter of 2017.
(2) The amount of a fee unit and the amount of a fee calculated by reference to a fee unit is to be rounded to the nearest cent (and an amount of 0.5 cent is to be rounded down).
(3) However, if the amount of a fee unit calculated for any financial year is less than the amount that applied for the previous financial year, then the amount for that previous financial year applies instead.
(4) As soon as practicable after the CPI number for the March quarter is first published by the Australian Statistician, the Registrar-General is required to publish on the NSW legislation website a notice of the amount of the fee unit for the next financial year. That notice may be published by the addition of an editorial note relating to the amount of the fee unit in the in force version of this Regulation published on the NSW legislation website.
(5) The Registrar-General is also required to give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of fee unit calculated under this clause.
(6) This clause operates to change an amount of a fee that is calculated by reference to a fee unit and that change is not dependent on the publication of a notice by the Registrar-General under this clause.
(7) In this clause—
CPI number means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics in the latest published series of that index.
financial year means a period of 12 months commencing on 1 July.
Particulars of estate or interest to be specified in caveats
Schedule 2 Particulars of estate or interest to be specified in caveats
Schedule 2 Particulars of estate or interest to be specified in caveats
(Clause 7)
Schedule 3
Description in caveats of part of land
Schedule 3 Description in caveats of part of land
Schedule 3 Description in caveats of part of land
(Clause 8)
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Regulation
1 Name of Regulation
1 Name of Regulation
This Regulation is the Real Property Regulation 2019.
2 Commencement
2 Commencement
2 Commencement
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.
3 Definitions
3 Definitions
3 Definitions
(1) 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.
(2) Notes included in this Regulation do not form part of this Regulation.
Part 2 Dealings and caveats
Part 2 Dealings and caveats
Part 2 Dealings and caveats
4 Application of other instruments
4 Application of other instruments
4 Application of other instruments
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.
5 Lodgment of dealings, caveats and priority notices
5 Lodgment of dealings, caveats and priority notices
5 Lodgment of dealings, caveats and priority notices
(1) Schedule 1 sets out the prescribed fees for the lodgment of dealings, caveats and priority notices.
Note.
See section 3B (2) of the Act.
(2) 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 ) under which the lodgment is authorised.
Third, the Regulation governs searches and information access. Clause 10 (as substituted by 2025 No 50, Sch 5[1]) prescribes the hours during which the Register must be available: 8:30 am to 4:30 pm for printed information (or the authorised operator’s ordinary hours) and 1 am to midnight for electronic information, subject to maintenance. The prescribed search fees are again those in Schedule 1. Clause 9 restricts the annexation of plans to dealings, caveats or priority notices unless the Registrar-General approves, and requires a complying plan for any lease of premises for a term exceeding 25 years.
Fourth, the Regulation fills specific gaps in the Act. Clause 13 prescribes a 7-year retention period for both unregistered and registered plans and documents (s 12AA(2)(b) and (c) of the Act). Clause 14 stipulates the exact particulars that must accompany a notice to the NSW Trustee and Guardian of an intended foreclosure application under s 61(2A) of the Act: the statutory basis of the notice, the mortgagor’s name, last known address, date and place of death, and the amount owing. Clause 16 prescribes service under s 91(2) and (5) of the Act (bankrupt lessee) by the method in s 170 of the Conveyancing Act 1919. Clause 17 sets the pre-conditions and form requirements for administrative review under s 121 of the Act, including the mandatory internal review step when the decision was made by an authorised operator, the obligation to include all supporting evidence at the time of application, and the requirement that notice and reasons be given in writing. Clause 18 caps the Registrar-General’s unilateral settlement power at $500,000 (s 135(3)(b) of the Act). Clause 4 provides that the Regulation’s provisions apply in addition to the lodgment rules and conveyancing rules made under the Act, but prevail to the extent of any inconsistency. Clause 19 contains a general savings provision continuing the effect of acts done under the 2014 Regulation.
The Regulation therefore operates as both a fee-fixing instrument and a detailed procedural manual that translates the broad powers in the Act into concrete, enforceable steps.
Who it affects
The Regulation’s reach is wide but focused on participants in the land titling ecosystem. The primary addressees are:
Registered proprietors, purchasers, mortgagees, chargees, lessees and caveators—anyone who must lodge a dealing, application or caveat. Clause 6 directly binds applicants and transferees who take title with others. Clause 7 and Schedule 2 bind every caveator under ss 74B or 74F. Clause 9 binds any party wishing to annex a plan or grant a lease longer than 25 years.
Practising lawyers and licensed conveyancers—they prepare and lodge the instruments that must comply with cll 6–9 and pay the Schedule 1 fees. They are also the users of the lodgment support services (LSS 1, LSS 2 and LSS 3) described in item 31 of Schedule 1.
The Registrar-General and authorised operators—the Regulation repeatedly refers to decisions, approvals and functions exercised by the Registrar-General or by an “authorised operator” under the Electronic Conveyancing National Law (NSW). Clause 10(1)(a)(ii) and cl 17(1) expressly differentiate the obligations that apply when an authorised operator performs the function. Clause 5(2) requires electronic lodgment fees to be paid in accordance with the relevant participation agreement.
Members of the public and title searchers—clause 10 and the search fees in items 24–29 of Schedule 1 govern anyone who wishes to inspect the Register or obtain certificates, digital images or aggregated data.
Mortgagors’ estates and the NSW Trustee and Guardian—clause 14 imposes content requirements on any person intending to apply for foreclosure where the mortgagor is deceased.
Bankrupt lessees and their trustees—clause 16 prescribes the mode of service of notices under s 91 of the Act.
Claimants against the Torrens Assurance Fund—clause 18 sets the financial limit on the Registrar-General’s settlement authority.
Because the fees are expressed in units that are indexed annually and because the Regulation prevails over inconsistent lodgment and conveyancing rules (cl 4), every participant in a conveyancing transaction in New South Wales is indirectly affected by its ongoing operation.
Key duties and rights
The Regulation creates a mixture of prescriptive duties and facilitative rights.
Duties
Duty to state tenancy type and shares correctly (cl 6).
Duty to include every particular listed in Schedule 2 when lodging a caveat (cl 7).
Duty to describe land affected by a caveat in the manner required by Schedule 3 (cl 8).
Duty to obtain Registrar-General approval before annexing any plan (cl 9(1)) and to annex a complying plan for leases >25 years (cl 9(2)).
Duty to pay the Schedule 1 fee before or at the time the service is provided (cl 12(2)).
Duty to serve notices on bankrupt lessees in the s 170 Conveyancing Act manner (cl 16).
Duty, when seeking administrative review under s 121, to request internal review first (if the decision was made by an authorised operator), to lodge all evidence with the application, and to accept written reasons (cl 17).
Duty to accompany a foreclosure notice to the NSW Trustee and Guardian with the three particulars listed in cl 14.
Rights
Right to search the Register at the times and on payment of the fees set by cl 10 and Schedule 1.
Right to have documents retained for the 7-year period prescribed by cl 13 before they may be destroyed.
Right to have a caveat describe only the relevant part of land in the approved form (Sch 3).
Right to have the Registrar-General settle a claim up to $500,000 without Ministerial approval (cl 18).
Right to electronic lodgment support services at the capped fees in items 31(a)–(c) of Schedule 1.
Right to CPI-adjusted but predictable fee levels, with the Registrar-General obliged to publish both the fee unit and the resultant fees (Sch 1 cl 7).
The balance is weighted toward prescription: the Regulation is more concerned with ensuring formal compliance than with conferring new substantive rights.
Penalties and enforcement
The Regulation itself contains no offence-creating provisions or direct monetary penalties. Enforcement occurs indirectly through the Act and through the Registrar-General’s administrative powers. Non-compliant documents will be rejected on lodgment, triggering the need to re-lodge and pay fresh fees (including the requisition fee in item 32 of Schedule 1). A caveat that omits a Schedule 2 particular or uses an impermissible description under Schedule 3 will not achieve its protective purpose and may be withdrawn or removed under the mechanisms in the Act (ss 74M, 74N).
The administrative review pathway in cl 17 and s 121 of the Act provides the principal internal enforcement and accountability mechanism. Clause 17(1) makes internal review by the authorised operator a mandatory precondition to external review where that operator made the original decision. The requirement in cl 17(2) that all supporting information be included at the time of application prevents piecemeal litigation. Decisions must be given in writing with reasons (cl 17(3)), satisfying natural justice minima.
The $500,000 cap in cl 18 operates as a financial control on the Registrar-General rather than a penalty. Breach of the retention obligation in cl 13 could expose the Registrar-General to a claim under s 135 of the Act, but the Regulation itself does not create a separate sanction. In short, the enforcement architecture relies on commercial pressure (repeated fees), administrative rejection, and the statutory review and compensation pathways already contained in the Act.
How it interacts with other laws
The Regulation is expressly parasitic on the Real Property Act 1900. Almost every operative clause cites a specific section of the Act: s 3B(2) (fees), s 12AA (retention), s 14 and s 31A (primary and resumption applications), s 61(2A) (foreclosure notice), s 74B and s 74F (caveats), s 74M–74X (priority notices and caveats), s 91 (bankrupt leases), s 96A (searches), s 121 (review), s 135 (assurance fund). Clause 4 subordinates the lodgment rules and conveyancing rules to this Regulation in case of inconsistency, giving it a limited supremacy within its sphere.
It also picks up definitions from the Interpretation Act 1987 and the Act itself (cl 3(1) note). Service under cl 16 incorporates by reference s 170 of the Conveyancing Act 1919. Electronic lodgment is governed by the participation agreements made under the Electronic Conveyancing National Law (NSW) (cl 5(2) and item 31 of Schedule 1). The CPI indexation formula uses the Consumer Price Index published by the Australian Bureau of Statistics, thereby incorporating Commonwealth statistical standards. The savings clause (cl 19) ensures continuity with the repealed Real Property Regulation 2014.
The Regulation does not displace the general law of real property; it merely regulates the mechanics of registration and record-keeping. A caveat that satisfies Schedule 2 still derives its substantive legal effect from the equitable doctrines preserved by s 74 of the Act. Likewise, the fee unit calculation does not alter the GST treatment set by the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth), which is acknowledged in the note to Schedule 1.
Recent changes and why
The Regulation has been amended on several occasions since 2019. The 2021 No 10 amendments (Sch 2[1]–[5]) updated cl 5 and several items in Schedule 1 to reflect the growing use of Electronic Lodgment Networks and to fine-tune the fees for priority notices and LSS services. These changes were driven by the need to align the fee structure with actual costs of operating the electronic platform and to encourage greater uptake of digital lodgment.
More significantly, 2025 No 50, Sch 5[1] substituted cl 10 in its entirety, expanding electronic search availability to the 1 am–midnight window while retaining business-hour restrictions for printed searches. The same amending Act repealed former cl 11 and cl 15. The substitution reflects the maturation of the online titling system; once physical attendance was the norm, but the Registrar-General can now offer near-24-hour electronic access subject only to maintenance outages. The repeal of cl 11 and cl 15 removed redundant or superseded procedural provisions that had been overtaken by changes in practice or by updates to the lodgment rules.
The CPI indexation mechanism introduced in 2019 (and reflected in the editorial note showing fee unit amounts rising from $103.41 in 2019–20 to $126.59 in 2025–26) was itself a response to long-term erosion of real revenue caused by static fees. By linking fees to the Sydney CPI and requiring annual publication, the Regulation ensures that the cost of titling services keeps pace with inflation without the need for frequent legislative amendment.
Court challenges and controversies
The Regulation text itself does not record or refer to any specific court challenges. Its provisions on administrative review (cl 17) are designed to channel disputes into the internal mechanism under s 121 of the Act before any external merits review or judicial review proceedings can be contemplated. The requirement that all evidence be lodged with the original application (cl 17(2)) is plainly intended to avoid the “ambush” complaints that have arisen in other administrative review contexts.
Controversies that do exist in the broader titling sphere—such as the adequacy of caveat descriptions or the scope of the Registrar-General’s power to reject non-compliant plans—are resolved at the lodgment counter or through the s 121 pathway rather than by direct challenge to the Regulation’s validity. Because the Regulation is procedural and fee-fixing in character, it attracts less constitutional or rights-based scrutiny than primary legislation. No provision has been held ultra vires the enabling powers in the Real Property Act 1900. The $500,000 settlement cap in cl 18 has not generated reported litigation; it functions as an internal financial delegation rather than a substantive limit on claimants’ rights.
The shift to electronic lodgment and the differential treatment of authorised operators (cl 5(2), cl 10(1)(a)(ii), cl 17(1)) have produced operational friction for practitioners, but these have been managed through updates to the participation agreements and the lodgment rules rather than through court action.
Gotchas
Most practitioners are aware of the headline fees but miss several subtle traps. First, the requirement in cl 6(2) that shares be expressed with a common denominator is stricter than many realise; “one-half, one-third and one-sixth” will be rejected because the denominators are not identical. The example given—“five-tenths, three-tenths, two-tenths”—must be followed literally even though the fractions could be simplified.
Second, Schedule 2 item 10 expressly states that it is not necessary to specify whether the interest is legal or equitable or its quantum (except for mortgages and leases). Caveators nevertheless frequently volunteer this information, only to find that an inaccurate statement creates an estoppel or supplies the caveatee with grounds for removal. The Regulation rewards minimalist compliance.
Third, the 7-year retention period in cl 13 applies uniformly to both lodged-but-unregistered and registered documents. Many assume that once a dealing is registered the original can be destroyed immediately; the Regulation forbids that.
Fourth, item 7 of Schedule 1 adds an extra 1.2618 fee units “for each additional recording” once the instrument affects more than one recording. In a complex subdivision or multiple-title mortgage, this can multiply rapidly. The same instrument may also trigger item 39 (more than 20 folios) and item 11 (sketch or diagram), producing a compounding fee effect that is not obvious until the requisition arrives.
Fifth, cl 17(1) is a trap for the unwary: if the decision under review was made by an authorised operator, an application for s 121 review is incompetent until internal review has been sought and either determined or 21 days have expired. The 21-day clock runs from lodgment of the internal review request, not from any later acknowledgment.
Sixth, the electronic search window in cl 10(1)(b) is “subject to scheduled maintenance or unavoidable system interruptions.” There is no statutory right to compensation or fee refund if a critical search cannot be performed at 2 am because of an outage.
Finally, the editorial note to Schedule 1 Part 2 shows the current fee unit but does not amend the Regulation. The actual amount payable on any given day is the indexed figure published on the legislation website, not the static numbers printed in the older fee table. Practitioners who rely on out-of-date precedent folders regularly underpay and receive requisitions.
How to comply
Compliance begins with a current copy of the Regulation, the lodgment rules and the conveyancing rules. Before preparing any multi-party instrument, draft the tenancy clause in exact compliance with cl 6(2), using a common denominator and integers only. For caveats, prepare a separate Schedule 2 statement that tracks each of the nine items verbatim; attach the supporting agreement or instrument only if it adds necessary facts. When the caveat affects part only of the land, annex or endorse a plan that satisfies one of the three limbs of Schedule 3 item 1 or, if premises or underground services are involved, use the flexible description permitted by items 2 or 4.
Calculate all fees using the latest published fee unit amount (currently $126.59 for 2025–26) and add GST where the supply is taxable. For electronic lodgments, ensure the participation agreement is up to date and that LSS 1, 2 or 3 fees are paid through the ELN rather than at the counter. If a plan is to be annexed, obtain prior written approval from the Registrar-General rather than assuming it will be accepted on lodgment.
For searches, note the differing hours for printed versus electronic results and budget for the higher “initial search” fee in item 27 plus any additional document fees. When giving notice under cl 14, include all three listed particulars; omission will invalidate the notice. When serving notices on a bankrupt lessee, use one of the methods in s 170 of the Conveyancing Act 1919 and retain proof of service.
If a decision adverse to your client is received from an authorised operator, lodge an internal review request immediately, allowing the full 21-day period before filing any s 121 application. Include every piece of evidence on which you intend to rely with that application; supplementary material will be excluded. Retain all original documents for at least seven years after lodgment or registration.
Finally, monitor the NSW legislation website each July for the Registrar-General’s notice of the new fee unit amount. Update your precedent library and trust accounting systems accordingly. A compliance checklist that cross-references cll 6–9, Schedules 2 and 3, and the current Schedule 1 fee unit will prevent the majority of requisitions and avoidable expense.
(1) 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—
(a) an application by 2 or more persons to be registered as proprietors of land,
(b) a transfer, mortgage, charge or lease in favour of 2 or more persons.
(2) 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”).
7 Caveats—particulars of estate or interest claimed
7 Caveats—particulars of estate or interest claimed
7 Caveats—particulars of estate or interest claimed
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) a caveat lodged under section 74B of the Act against a primary application,
(b) 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.
8 Caveats applying to part of land only—description of part
8 Caveats applying to part of land only—description of part
8 Caveats applying to part of land only—description of part
(1) 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.
(2) 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.
9 Annexure of plans to dealings, caveats and priority notices
9 Annexure of plans to dealings, caveats and priority notices
9 Annexure of plans to dealings, caveats and priority notices
(1) 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.
(2) 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).
Part 3 Searches
Part 3 Searches
Part 3 Searches
10 Public searches—the Act, s 96A
10 Public searches—the Act, s 96A
10 Public searches—the Act, s 96A
(1) The times at which the Register must be available to be searched are—
(a) for information from the Register provided in printed form—
(i) 8:30am to 4:30pm each business day, or
(ii) if the function of responding to a search request is exercised by the authorised operator—the ordinary business hours of the authorised operator, or
(b) 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.
(2) The prescribed fee for a search is the fee set out in Schedule 1 for the type of search.
cl 10: Subst 2025 No 50, Sch 5[1].
11
11 (Repealed)
11
cl 11: Rep 2025 No 50, Sch 5[1].
Part 4 Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
12 Fees payable to the Registrar-General
12 Fees payable to the Registrar-General
12 Fees payable to the Registrar-General
(1) The fees set out in Schedule 1 are payable to the Registrar-General.
(2) A fee is payable—
(a) before the service to which the fee relates is provided, or
(b) 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.
13 Period for retention of documents: section 12AA (2) (b) and (c)
13 Period for retention of documents: section 12AA (2) (b) and (c)
13 Period for retention of documents: section 12AA (2) (b) and (c)
For the purposes of section 12AA (2) (b) and (c) of the Act, the period prescribed is—
(a) for a plan or other document that has been lodged otherwise than for the purpose of its being registered or recorded, the period of 7 years, or
(b) for a plan or other document that has been registered or recorded, the period of 7 years.
14 Statement to accompany notice to NSW Trustee and Guardian of intention to apply for foreclosure order: section 61 (2A)
14 Statement to accompany notice to NSW Trustee and Guardian of intention to apply for foreclosure order: section 61 (2A)
14 Statement to accompany notice to NSW Trustee and Guardian of intention to apply for foreclosure order: section 61 (2A)
For the purposes of section 61 (2A) of the Act, a statement accompanying a notice to the NSW Trustee and Guardian of intention to make an application for a foreclosure order must contain the following particulars—
(a) a statement that the notice is given under section 61 (2A) of the Act,
(b) the full name and last known address of the mortgagor concerned and the date and place of his or her death,
(c) the amount due and owing under the mortgage at the date the notice is given or at the date specified in the notice.
15
15 (Repealed)
15
cl 15: Rep 2025 No 50, Sch 5[2].
16 Service of notices relating to lease where proprietor of lease is bankrupt: section 91 (2) and (5)
16 Service of notices relating to lease where proprietor of lease is bankrupt: section 91 (2) and (5)
16 Service of notices relating to lease where proprietor of lease is bankrupt: section 91 (2) and (5)
For the purposes of section 91 (2) and (5) of the Act, the prescribed manner of serving a notice is by serving it in the manner provided in section 170 of the Conveyancing Act 1919.
17 Administrative review of decisions of Registrar-General: section 121
17 Administrative review of decisions of Registrar-General: section 121
17 Administrative review of decisions of Registrar-General: section 121
(1) Applications not to be made before request for internal review: section 121 (8) (d) A person is not entitled to make an application under section 121 of the Act in relation to a decision of the authorised operator unless—
(a) the person has requested an internal review of the decision by the authorised operator, and
(b) the authorised operator has notified the person of the outcome of that internal review or the person has not, within 21 days of the lodgment of that request (or within the period as the authorised operator and person agree on), been notified of the outcome of that internal review.
(2) Application to include supporting information and evidence: section 121 (8) (c) An application for a review by the Registrar-General under section 121 of the Act must include all the supporting information and evidence that the applicant seeks to rely on in the review.
(3) Notice and reasons for decisions to be given in writing: section 121 (8) The notice of a decision on a review under section 121 of the Act, and the reasons for the decision, must be given by the Registrar-General to the persons referred to in section 121 (6) of the Act in writing.
18 Settlement of claims: section 135 (3) (b)
18 Settlement of claims: section 135 (3) (b)
18 Settlement of claims: section 135 (3) (b)
For the purposes of section 135 (3) (b) of the Act, the maximum amount that may be paid by the Registrar-General (without the approval of the Minister) in settlement of a claim is $500,000.
19 Savings
19 Savings
19 Savings
Any act, matter or thing that, immediately before the repeal of the Real Property Regulation 2014, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1 Fees
Schedule 1 Fees
Schedule 1 Fees
(Clauses 5, 10, 11 and 12)
Note.
Section 3B (2) of the Act provides that a fee prescribed under this or any other Act for or in respect of the exercise of a titling and registry function is, when the function is exercised by the authorised operator, the maximum fee that is payable and the authorised operator can accept a lesser fee for or in respect of the exercise of the function.
sch 1: Am 2021 No 10, Sch 2[2]–[5].
Part 1 Fees payable
Part 1 Fees payable
Part 1 Fees payable
The fees specified by this Part are exclusive of GST. GST may be added to a fee to the extent that the fee is consideration for a taxable supply (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth).
| Item | Matter for which fee payable | Fee (in fee units) |
| Advertisements |
| 1 | On advertisement, under section 12 (1) (h1) of the Act, of the intended exercise or performance of any power, authority, duty or function conferred or imposed on the Registrar-General by the Act | The cost incurred in publishing the advertisement |
| Production of documents |
| 2 | For each Crown grant or other document produced once for the purpose of the subsequent lodgment of any application, request, dealing or plan | 0.3888 |
| 3 | For each Crown grant or other document produced once for the purpose of multiple subsequent lodgments (not exceeding 8) of any application, request, dealing or plan during a period not exceeding 3 months | 0.7777 |
| Applications, requests and dealings |
| 4 | On lodgment of an application, request or dealing for which no fee is otherwise specifically provided | 1.2655 |
| 5 | On lodgment of a primary application to bring land under the Act under section 14 of the Act | 18.9786 |
| 6 | On lodgment of a resumption application to bring land under the Act under section 31A of the Act | 3.4254 |
| 7 | In addition to any other item, on lodgment of an application (other than an application to dispose of Crown land arising from the closing of a public road under the Roads Act 1993), request, dealing or caveat that will result in making, altering or removing more than 1 recording—for each additional recording | 1.2618 |
| 8 | On lodgment of an application to dispose of Crown land arising from the closing of a public road under the Roads Act 1993, regardless of how many recordings will ensue | 2.5237 |
| 9 | On lodgment of an application or request for amendment of a folio of the Register or Crown grant | 1.2655 |
| 10 | On lodgment of an application for the determination under Part 14A of the Act of the position of the common boundary of adjoining lands | 1.2655 |
| 11 | For every sketch or diagram accompanying an application, request or dealing | 1.2618 |
| 12 | (Repealed) | |
| Caveats |
| 13 | On lodgment or recording of a caveat | 1.2655 |
| 14 | On withdrawal or partial withdrawal of a caveat under section 74M (1) of the Act | 1.2655 |
| 15 | On lodgment of a request for withdrawal or partial withdrawal of a Registrar-General’s caveat (no fee is payable for withdrawal or partial withdrawal of a Registrar-General’s caveat consequent on lodgment and registration of a dealing) | 1.2655 |
| 16 | On lodgment of a request for the Registrar-General to direct the manner of service of a notice on a caveator under section 74N (1) (e) of the Act | 1.2655 |
| 17 | On lodgment of an application for preparation of a notice for service on a caveator under section 74C (3), 74I (1) or (2), 74J (1) or 74JA (2) of the Act | 1.2655 |
| 18 | On lodgment of a notice of a change of name of a caveator or of the address for service of a notice on a caveator | 1.2655 |
| Priority notices |
| 19 | On lodgment of a priority notice under section 74T of the Act | 0.3442 |
| 20 | On lodgment of an application for an extension of a priority notice under section 74V of the Act | 0.1426 |
| 21 | On withdrawal of a priority notice under section 74X of the Act | 0.1426 |
| 22 | (Repealed) | |
| Authentication of forms |
| 23 | In addition to any other item, for examination and authentication of any dealing, application, request or caveat that is required by any Act to be in an approved form which contains departures from the approved form and which is not a form licensed by the Registrar-General | 1.2618 |
| Searches and digital images |
| 24 | For providing a certificate under Part 11A of the Act— | |
| | (a) to a person attending at an office | 0.1296 |
| | (b) by electronic means | 0.0867 |
| 25 | For supplying a digital image of a document under Part 11A of the Act— | |
| | (a) to a person attending at an office | 0.1296 |
| | (b) by electronic means | 0.0867 |
| 26 | On lodgment of an application for a certified copy of a folio, dealing, record or instrument comprising part of the Register—for each copy | 1.2618 |
| 27 | For a request for a search of the Register by the Registrar-General—for the initial search of the Register, including investigation as to title reference, a copy of the relevant folio and de
This is an opening excerpt, not the complete document.
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