A caveat is the central concept in Part 2. The regulation does not set out the complete law governing caveats. Instead, ss 4 and 5 prescribe what information must accompany particular caveats under ss 74B and 74F of the Act. Schedule 1 requires the nature of the claimed interest and the facts supporting it. Where relevant, it also requires details of a written agreement or instrument, the amount or nature of a secured debt, lease term and options, or the land or authority benefiting from an easement, profit à prendre, restriction, or positive covenant.

Schedule 1 expressly excludes some matters from the required particulars: whether the interest is legal or equitable, its quantum except for the specified mortgage, charge and lease particulars, and its priority against other interests. This is a defined limit on the information prescribed by this regulation, not a statement about whether those matters may be relevant under the Act or another law.

A part of land affected by a caveat must generally be identified by reference to an existing lot, a qualifying proposed lot, or a plan annexed to the caveat that relates the depicted land to the boundaries in the relevant Register folio or current lease (Schedule 2, item 1). Other routes apply to building premises, some unlodged proposed plans, unregistered easements, and mines or minerals (Schedule 2, items 2-5).

A fee unit is the Schedule 3 unit used to calculate many fees. It is $131.66 in 2026-27; subsequent amounts are calculated using the Sydney All Groups CPI for the March quarter, subject to a rule that prevents the fee unit falling below the amount for the previous financial year (Schedule 3, Part 3). A review under s 121 of the Act has an information requirement and, for a decision of the authorised operator, a prior internal-review step (s 12). The regulation refers to the Act, the Interpretation Act 1987 and the Land and Property Information NSW (Authorised Transaction) Act 2016 as sources that may affect interpretation, but their provisions are not reproduced here (s 3).

The regulation directly concerns people and organisations using NSW land-registration processes. Caveators, their representatives and those preparing caveats are affected by the prescribed particulars and land-description rules in ss 4-5 and Schedules 1-2. The requirements vary with the claimed interest. A caveat claiming a lease, for example, calls for the term’s start date and duration and any renewal or purchase option; a caveat claiming a mortgage or charge calls for the amount secured if it can readily be ascertained, or otherwise the nature of the charge (Schedule 1, items 4-5).

Registered proprietors and other people whose interests may be affected by caveats are indirectly affected by the information and identification requirements. The regulation itself does not set out the consequences of lodging or maintaining a caveat, the process for challenging one, or the substantive test for having a caveatable interest. Those matters would require the relevant provisions of the Act and any other applicable sources.

People searching the Register, and those requesting certificates, copies, images, reports or aggregated data, are affected by the access hours and fees (ss 6-7; Schedule 3). The Registrar-General and authorised operator are expressly assigned functions or are referred to in provisions concerning access, fees, review, and the publication of fee information. Electronic Lodgment Networks are affected by the charges for the specified lodgment support services (Schedule 3, item 28). The regulation does not identify the commercial arrangements through which these fees may ultimately be passed on.

Mortgagees, mortgagors and covenant chargers may be affected by the prescribed particulars accompanying a notice of intention to apply for a foreclosure order under s 61(2A) of the Act. The statement must include the person’s full name, last known address, and the amount owing at the notice date or another date specified in the notice; date and place of death and date of birth are included if known (s 10). People seeking administrative review are affected by the evidence requirement, the internal-review precondition for certain decisions, and a review fee of 2.7700 fee units (s 12; Schedule 3, item 34). These descriptions identify groups touched by the regulation, not a conclusion about any individual’s legal position.

For caveats within ss 74B and 74F of the Act, the regulation prescribes information that must be supplied about the claimed interest (ss 4-5). Schedule 1 requires the nature of the interest and the facts on which the claim is founded, including, where appropriate, how the interest derives from a registered proprietor or primary or possessory applicant. If the claim depends wholly or partly on a written agreement or other instrument, its nature, date and parties must be particularised. The schedule adds requirements for specified interests, including secured amounts or the nature of a charge, lease details and options, and the intended beneficiary of certain easements, profits, restrictions and positive covenants.

The prescribed particulars have defined boundaries. Schedule 1 says that legal or equitable character, the quantum of the interest except in the specified mortgage and lease cases, and priority against other interests are not particulars for that schedule. That does not establish that the Act or another law never requires or considers those matters.

For caveats under s 74F, the part of the land must be described using the applicable method in Schedule 2. The ordinary route is an existing lot, a qualifying proposed lot, or a plan annexed to the caveat that establishes the plan’s relationship to the relevant folio or lease boundaries (item 1). Special identification rules apply to premises within a building and certain proposed lots not yet lodged for registration or recording (item 2). An unregistered easement is to be located by a qualifying plan, subject to the stated Registrar-General approval route; an approximate position is sufficient for certain existing underground or building-contained infrastructure easements (items 3-4).

A review application under s 121 must include all supporting information and evidence the applicant seeks to rely on (s 12(2)). A person seeking review of an authorised operator’s decision must first request internal review. They may then apply once notified of its outcome, or if no outcome is notified within 21 days, unless another period has been agreed (s 12(3)). The regulation prescribes process and particulars; it does not set out the complete rights or duties under the Act.

The supplied regulation text does not specify criminal offences, penalty units, infringement notices, or a general penalty for failing to comply with its requirements. It would therefore be inaccurate to infer from this text alone that a particular omission attracts a fine or other sanction. The regulation’s provisions instead establish prescribed information, service, review and fee requirements within the framework of the Real Property Act 1900 and other laws it references.

Some provisions have practical consequences because they define what an application or document must contain. For example, a review application must include all supporting information and evidence the applicant seeks to rely on (s 12(2)). A person cannot apply for review of an authorised operator’s decision unless they have first requested internal review and have either received the outcome or waited 21 days without notification, subject to an agreed alternative period (s 12(3)). The regulation does not state in this text what happens to an incomplete application, whether a time limit can be extended, or what remedies are available if the process is disputed.

The Registrar-General’s document-production periods are seven years for both plans or other documents lodged other than for registration or recording, and those that have been registered or recorded (s 9). The provision prescribes periods for the referenced power in s 12AA of the Act; it does not describe the procedure for requiring production or consequences for non-compliance.

The fee schedule supplies a different kind of enforcement mechanism: charges attach to listed services and dealings. These include caveat lodgment and withdrawal, applications, searches, certificates, review applications and electronic lodgment support (Schedule 3). The regulation states that fees are exclusive of GST, which may be added to the extent the fee is consideration for a taxable supply (s 8(2)). It does not set out collection, waiver, refund or dispute procedures. Those questions would require the relevant provisions of the Act and any other applicable legal material, which has not been supplied. The stated $500,000 amount is a maximum amount prescribed for settlement of a claim under s 135(3)(b) of the Act; the regulation does not explain the settlement process or what claims qualify (s 13).

The regulation is expressly made in connection with the Real Property Act 1900. It prescribes particulars and procedures for powers or processes in that Act, including caveats (ss 4-5), Register searches and fees (ss 6-8), document production (s 9), foreclosure-intention statements (s 10), service of certain notices (s 11), administrative review (s 12), and settlement of claims (s 13). The referenced sections of the Act are not reproduced, so this regulation alone does not establish the full statutory setting, conditions, exceptions or consequences for those processes.

Section 3 also flags the Land and Property Information NSW (Authorised Transaction) Act 2016 and the Interpretation Act 1987 as containing definitions and other provisions that affect interpretation and application. The regulation does not explain those provisions. Its express reference is a reminder that interpreting a defined term or function may require reading the legislation it identifies, rather than treating the regulation as a stand-alone code.

The regulation directly incorporates requirements or concepts from other NSW laws. For caveat land descriptions, Schedule 2 refers to the Conveyancing Act 1919, including its Part 23, Division 3, and the Strata Schemes Development Act 2015 for specified proposed plans (item 1). Schedule 1 uses the Conveyancing Act’s provisions concerning prescribed authorities in relation to easements, restrictions and positive covenants (items 6, 8-9). Notice service for a disclaimed lease where the lease proprietor is bankrupt must be in accordance with s 170 of the Conveyancing Act 1919 (s 11). The text does not reproduce that service method.

Schedule 3, Part 2 sets fees for certificates of ownership referred to in s 10.9(2) of the Environmental Planning and Assessment Act 1979 and s 700(2) of the Local Government Act 1993. Section 8 also refers to the Commonwealth A New Tax System (Goods and Services Tax) Act 1999 for the meaning of GST and taxable supply. The cited provisions are not set out here, so no broader account of their operation is possible from this source alone.

The text identifies one direct predecessor: the Real Property Regulation 2019. Section 2 says the 2026 Regulation commences on 1 September 2026 and that the 2019 Regulation is repealed on that date under s 10(2) of the Subordinate Legislation Act 1989. This establishes the replacement and commencement dates. It does not provide a comparison between the two regulations, explain which provisions are new or changed, or set out the policy reasons for replacement.

Section 14 contains a savings provision. An act, matter or thing that had effect immediately before the 2019 Regulation’s repeal continues to have effect under the 2026 Regulation. The text does not define which acts, matters or things fall within that description, or identify any particular saved decision, application, fee or process. Whether a specific item continues would depend on the facts and the relevant provisions.

The regulation also establishes a fee-adjustment mechanism for later financial years. The fee unit is $131.66 for 2026-27. In each later financial year it is calculated using the Sydney All Groups CPI for the March quarter immediately preceding that year, compared with the March quarter 2026 figure (Schedule 3, Part 3). The calculation result is rounded to the nearest cent, with half a cent rounded down. If the calculated fee unit is lower than the previous year’s amount, the previous amount applies. The Registrar-General must notify Parliamentary Counsel and publish the calculated fees as soon as practicable after the relevant CPI figure is published; a failure to do so does not affect the section’s operation.

The supplied text does not contain a table of amendments, amendment instruments, explanatory material, or a provision-by-provision comparison with the 2019 Regulation. It therefore supports a limited chronology, not an account of amendment history beyond the replacement, repeal, savings and future fee-indexation arrangements stated above.

The supplied material contains the text of the Real Property Regulation 2026 but no judgments, tribunal decisions, case names, litigation summaries or reported disputes concerning it. No conclusion can therefore be drawn from this material about how a court has interpreted the regulation, whether any provision has been challenged, or how a particular dispute has been resolved.

The regulation does create procedural settings that could be relevant to a dispute. For instance, Schedule 1 specifies caveat particulars, while Schedule 2 specifies methods for describing affected land. Section 12 sets out requirements for applying for review of a Registrar-General or authorised operator decision, including the supporting evidence requirement and, for an authorised operator decision, a prior internal-review step. But those provisions do not reveal how a court would resolve a disagreement about sufficiency, compliance, jurisdiction or the effect of an error.

Likewise, s 13 prescribes $500,000 as the amount for the referenced settlement-of-claim provision in s 135(3)(b) of the Act. The regulation does not identify any settlement, proceedings or judicial consideration of that amount. Section 11 prescribes service under s 170 of the Conveyancing Act 1919 for the specified bankruptcy and disclaimed-lease notices, but supplies no litigation history about service disputes.

A complete litigation account would need sources beyond this regulation, such as judgments or authoritative case databases, and potentially the full text of the Act and related laws. None is included in the supplied material. It would be unsound to name cases or describe legal principles as judicially settled on the basis of this text. This section is therefore a source limitation, not a claim that no litigation exists.

The regulation’s provisions often depend on the kind of interest or document involved. Schedule 1 does not impose one identical set of particulars for every caveat. Some requirements apply only if the claim concerns a mortgage, lease, easement, profit à prendre, restriction or positive covenant. A caveat based on a written instrument also requires particulars of its nature, date and parties. The relevant schedule item should therefore be read alongside the nature of the claimed interest, rather than treating the general items as exhaustive.

The land-description rules are similarly conditional. The ordinary method in Schedule 2, item 1 is not the only method. Building premises, some proposed lots not yet lodged, and parts unsuitable for the ordinary description fall under item 2. Unregistered easements have a separate plan rule, and a limited approximation is permitted for easements concerning certain existing underground or building-contained objects (items 3-4). The regulation makes identification of the land central, but it does not state here how the Registrar-General will resolve every borderline description.

For review, the 21-day period is not a general deadline for every s 121 review. It applies to the authorised operator internal-review pathway described in s 12(3), and only in the situation where no outcome has been notified, unless another period has been agreed. The application must include the evidence the applicant seeks to rely on (s 12(2)). The regulation does not state whether later material can be added.

Fees are stated in fee units, not all as fixed dollar amounts. The $131.66 unit applies only in 2026-27. Later annual amounts depend on CPI, and the floor prevents a decrease in the unit (Schedule 3, Part 3). Listed fees are exclusive of GST, which may be added where the fee is consideration for a taxable supply (s 8(2)). The schedule also charges per document, per recording, per folio threshold, per hour or part-hour, or by advertisement cost in particular cases. The applicable total may therefore depend on the service requested and the number of items involved.

Finally, the regulation begins on 1 September 2026. It does not state its application to every transaction straddling that date. The savings clause preserves matters with effect immediately before repeal, but does not list them (s 14).

For a caveat, the operative compliance reference in this regulation is the relevant combination of ss 4-5 and Schedules 1-2. The particulars should correspond to the type of interest claimed. The schedule calls for the nature of the interest and supporting facts, including the derivation of the claim where appropriate. If the claim depends on a written agreement or instrument, the prescribed particulars include its nature, date and parties. Additional particulars apply to specified interests, such as the secured amount or nature of a charge, lease dates and options, or the intended beneficiary of an easement, profit, restriction or covenant (Schedule 1).

For a caveat under s 74F, the affected land also needs to be described using the applicable Schedule 2 method. The schedule provides routes based on lots, qualifying plans, building premises and other specified circumstances. For an unregistered easement, it requires a plan identifying the site, subject to the stated approval and registration routes; a plan may show an approximate position for the limited class of existing infrastructure easements described in item 4. These are regulation-based requirements, not a complete account of the Act’s caveat process.

For a review under s 121, the regulation specifies that the application must contain all supporting information and evidence the applicant seeks to rely on. If the decision is that of the authorised operator, an internal review must first have been requested; the prescribed next step is available after notification of the outcome or after 21 days without notification, subject to an agreed different period (s 12). Schedule 3, item 34 lists a review application fee of 2.7700 fee units.

Operationally, fee calculation requires identifying the Schedule 3 item, applying the relevant fee unit for the financial year, checking whether the fee is charged per document, recording, folio, hour or other measure, and considering whether GST may apply. The regulation’s commencement date and savings clause may matter where a process began before 1 September 2026 (ss 2, 14). This is general legal information, not legal advice. Zoe can make mistakes, and a qualified Australian lawyer should check this before you act on it or rely on it.