Depending on which jurisdiction you operate in, you may need to create a consent in order to lodge your property transaction successfully. PEXA allows you do this in a streamlined way.
On this page, you’ll learn how to:
Consent is an authorisation document required by the NSW Land Registry for the successful lodgement of a property transaction. To be able to create a consent you must be, or be representing, a Mortgagee on Title, a Proprietor on Title, or an Incoming Mortgagee in PEXA and hold the control of right to deal (CoRD).
CoRD is the right of the holder to consent to the registration of a subsequent interest in land.
Note: The consent is lodged as part of the transfer lodgement case at settlement. The Consent can be created before the Transfer document has been created by the Incoming Proprietor.
Currently eCTs are only available to:
Therefore, in the Issuing Instructions, you must select Print and Deliver CT to the Responsible Subscriber (Incoming Proprietor or Incoming Mortgagee).
To create the consent:
Transacting Party Consent
A “Transacting Party Consent” is required where the CoRD holder is a participant in a transaction. This is the most commonly used Consent type.
The consent screen displays. There are three consent types:
When creating a Consent take note of the following information to be entered into the relevant fields.
|Third Party Consent||A third party consent is required where the CoRD holder is a third party (i.e. a party that is not a transacting party in the lodgement case). The party that has CoRD is consenting to a third party (another FI in the case of a second mortgage) to transact on the land title.|
|Document to which Consenting Party Consents||Description|
|Instrument in Workspace||The transaction is being processed electronically in PEXA within the same lodgement case as the consent.|
|External Instrument||The transaction is being processed outside of PEXA (documents being lodged via the paper channel).|
|Plan||When a consent is required by the CoRD Holder to permit the Registration of a Registry Plan (of Subdivision or amalgamation of adjoining lots).|
|Primary Application||When a consent is required by the CoRD Holder to permit the Registration of an Application to convert Old System land or a qualified Land Title to Torrens Title.|
When adding the title details take note of the following information to be entered into the relevant fields.
|Title||Select the relevant title|
|Duplicate Certificate of Title||Select this when you physically have the Duplicate Certificate of Title.
The information held on the Certificate of Title includes the Edition Number, Edition Date and the Certificate Authentication Code (CAC).
Note: Paper titles issued prior to 4 January 2004 do not have a CAC.
If a Paper Certificate of Title (pCT) does not have an encumbrance on the title, the Land Registry will not accept a pCT through PEXA as its validity cannot be guaranteed. In this instance you will need to present the pCT to the Land Registry. Once validated, the LandRegistry will provide a Production Receipt number which can be inputted into PEXA.
If there is an encumbrance on the pCT then the pCT can be lodged through PEXA as the Land Registry will accept that the FI that holds the mortgage on the title has carried out the necessary checks to ensure the pCT is valid.
|Named in CoRD Record in LandTitle||Select this option when it is an Electronic Certificate of Title (eCT).|
|Production Receipt||Type in the Production Receipt Code given to you by Land Registry. See the note under Duplicate Certificate of Title.|
Select Consenting Party and click Save.
Now that you understand how to create a consent, you’re ready to learn how to complete a transfer. First, read through the transfer guidelines in the next article, and then learn about completing a transfer on behalf of a vendor or the purchaser.
Learn how to prepare a transfer workspace before a Plan of Subdivision is registered. On this page, you’ll learn about:
“Off-the-plan” refers to the purchase of a lot on an unregistered plan of subdivision, this can include land only or land and building (eg. an apartment). PEXA can cater for off-the-plan sales/purchases and the on-selling of property. A significant benefit for transacting off-the-plan transactions through PEXA is the ability to settle large numbers of lots in one day.
Note: Plans of Subdivision cannot be lodged in PEXA.
On-selling refers to when an individual has purchased a lot under an off-the-plan contract and then sold the lot to a new purchaser.
To process this type of transaction in PEXA, two transfers will need to be created in a single Workspace. The party on-selling the lot will already be in the role of Incoming Proprietor (for the first transfer) and should invite the subsequent Purchaser as Incoming Proprietor and PEXA will automatically allocate roles for the second transfer.
The first transfer is between the developer and the initial purchaser. The second transfer is between the initial purchaser and the eventual owner. As in the paper world, these transactions will result in two duty assessments.
Parent and Child Titles are used in transactions where the ‘Parent’ title is going to be split into several ‘Child’ titles, ie. in a subdivision or off-the-plan transaction.
On the Land Title screen, you will not see any data.
Once a period of time has elapsed, the Parent Title will be divided into Child Titles. At this point, you can add the relevant Child Titles to the relevant Workspaces.
The Land Title has been successfully added to the Workspace, and you can complete the remainder of the transfer in PEXA as normal.
Completing the Getting Started with PEXA program? See whats next.
Next, find out what you need to do if you need to withdraw from a workspace by reading the article How to Withdraw from a Workspace.
Click on "What is it?" or "I'd like to see it" to get started.
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A developer is building a suite of apartments and is selling the apartments 'off the plan'. Frank purchases one of the apartments for $350,000 and agrees to settle on the date when a certificate of occupancy is issued by the developer. Some weeks later, Frank identifies a buyer (Jenny) who is willing to pay $400,000 for the same apartment. Frank seizes the opportunity to make a profit of $50,000 and signs a contract of sale with Jenny. In the contract of sale Frank stipulates that Settlement must occur on the date when a certificate of occupancy is issued by the developer.
In this scenario the same Property is being sold by the developer and then by Frank. The settlement date and time of both transactions are aligned.
PEXA supports this scenario by facilitating a 'Transfer by Direction' sometimes known as a 'Directed Transfer'. The process works as follows.
PEXA automatically recognises that for 'Transfers by Direction' the Incoming Proprietor of the preceding Transfer in a sequence of Transfers will be the Proprietor on Title in the trailing Transfer.
If Jenny had purchased the apartment from Frank for $300,000.00, Frank's Representative will have had to add a Source line item for $50,000.00. Frank will have had to raise the necessary funds to support the transaction
If you need to use a locum practitioner to complete your PEXA transactions, there are two options available.
On this page, you’ll learn how to use a locum practitioner by using:
A firm may choose to use a locum practitioner when the Principal is away, for example on holidays. A locum is not ordinarily an employee of the legal practice. However, in completing PEXA transactions, it is necessary to consider which
Subscriber holds a Client Authorisation from the Client and ensure the Digital Certificate used by the Signer is issued under that Signers’ ABN. Where a locum has their own ABN and insurance, they may potentially become a PEXA Subscriber.
However, there are practical limitations to be considered:
Where the Client Authorisation Form and retainer is with firm A, Firm A will need to be the Subscriber.
The PEXA Participation Agreement does not allow a Representative Subscriber to sub-contract. Therefore, if Firm A is a Subscriber and wants the locum to provide services using their subscription, the locum will need to do so as an employee (not a contractor). All Users issued with a Digital Certificate must be a licensed conveyancer or Australian legal practitioner in order to Sign Land Registry instruments. Firm A would need to add the locum as a User to their Subscriber Profile.
Also, if Firm A wants the locum to execute instruments, the firm must order the locum a Digital
Certificate and verify their identify (note that each locum will need to have their own Digital Certificate as Digital Certificates cannot be shared). The Subscriber Manager will need to add the locum as a “User” and assign them a Signing Permission, if required.
If the locum is a Subscriber in their own right and uses their own subscription when providing locum services, the organisation for whom the locum provides services would not be able to access the Workspace and only the locum would be able to sign instruments. If using the locum’s own subscription when providing locum services, it will be necessary for the locum to obtain a Client Authorisation Form made out to the locum.
Congratulations, you’ve come to the end of the Getting Started with PEXA program. Remember, you can always come back to view any of these resources if you need to. For further advice and to ask questions about how to use PEXA most effectively, visit our Community Forum.
PEXA Reporting makes it easy to view up to the minute information in PEXA, allowing you to track usage, identify trends and gain insight into your electronic property exchanges.
PEXA provides reports for management, regulatory bodies, service providers and Subscribers. Access to specific reports is dependent upon the role you hold within PEXA. The results displayed in your report depend on the select criteria entered on the Reports screen. You can then select to display the report results in either PDF or CSV format.
Use the fields on the Report screen to filter your report and apply criteria. For example: Filter by Workgroup, settlement status or a settlement date range.
Reports are displayed in a separate window in either PDF format in Adobe Reader or in CSV format in Microsoft Excel.
The data in the .csv file can be further manipulated by using Excel functionality e.g. filters, sorting, sum, and graphs.
The Reports Screen provides you with a list of all PEXA reports. Users and Administrators with Management Reporting permissions can run the reports for all Workspaces and Workgroups for their Subscriber. Reports can be created and viewed as often as required.
Report list - Financial Institutions
Report list- Conveyancers and Legal firms
Displays a list of Workspaces that have sent invitations that remain open.
Report detail includes:
Displays any open invitations that have not been accepted.
Report detail includes:
Displays a count of all documents that have successfully lodged over a specified date range.
Report detail includes:
Displays past and pending settlements by date.
Report detail includes:
Displays a list of users by User Type within your organisation.
Report details include:
Displays a list financial transactions by settlement date and time.
Displays a list of workspace history events for selected workspaces.
Displays the net transaction value by settlement date and time.
Displays financial transactions by settlement date and time.
Displays financial transactions involving trust account by settlement date and time.
Workgroups are teams of users or an individual assigned tasks to complete in PEXA. By allocating a Workspace to a Workgroup, you assign responsibility for the completion of some tasks in the Workspace to the Workgroup.
Workspaces are allocated to Workgroups at the time of creation but the Workspace can be assigned to additional Workgroups or re-assigned or removed from Workgroups at anytime.
Note: A Workspace can only be removed from a Workgroup when you hold the appropriate access.
Result: The Workgroup allocation section will now display the existing and the new Workgroup.
A Workgroup contains a set of users, grouped as a team, to help successfully process property exchanges.
The Subscriber Administrator has access to maintain, delete and modify Workgroups and to create, modify or delete Users within a Workgroup.
Workgroup Importance: One of the first steps in Workspace creation is to assign the Workspace to a specific Workgroup.
This assigns responsibility for the completion of tasks within the Workspace to a group of PEXA users within your organisation. At least one Workgroup must exist in PEXA before a Workspace can be created for your Subscriber organisation.
Parent / Child Hierarchy
Workgroups can be organised into a logical hierarchy with a maximum of three levels. A Workgroup can be created as a ‘’parent’’ and other Workgroups (child workgroups) can be allocated to the parent Workgroup. Workspaces cannot be allocated to parent Workgroups and there can be only two parent levels in the hierarchy.
Where a Parent Workgroup has not been created, the users will be assigned to the primary default Workgroup. The primary default workgroup is a catch-all for any workspaces that do not fulfil the criteria of any specific default Workgroup rules set up by the Subscriber Administrator.
Remove a Workgroup
Workgroups can only be deleted if there are no Users, Workspaces or other Workgroups (Child) associated with it.
To create a Workgroup:
Result: The new Workgroup has been created. All users in the Workgroup now have access to all Workspaces assigned to that team.
To add a User to a Workgroup:
Result: New User(s) have been added to the Workgroup.
When a Workspace is created or Workspace invitation accepted, PEXA can automatically allocate the Workspace to a default Workgroup based on rules set up by your Administrator.
Automated rules for assignment of Workspaces to default Workgroups cater for:
• Financial settlement Y/N
Result: New default Workgroup rules have been added.
This is the catch-all Workgroup. Any Workspaces and invitations that don’t meet the criteria of the rules you have specified will be allocated to the Workgroup you have designated as the Primary Default Workgroup.
Now that you’ve completed the Getting Started with PEXA program, what’s next? As you continue to transact more and more, you can always refer back to the training materials in this program. You can also take advantage of the following support resources to assist on your journey to e-conveyancing.
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PEXA’s dedicated support team are available to provide you with transaction assistance and any questions that you may have.
You can contact the support team, between 7am – 8pm Monday – Friday AEDT, however please note that the Support Centre is closed on national public holidays and weekends.
T: 1300 084 515
F: 03 9621 2182
In order to assist you, the Support Centre may use Team Viewer to remotely access your desktop and support you in resolving your query. To learn more about how the Support Centre operates, you can read the Support Information brochure. Whether it’s logging, updating or escalating a request or incident, the PEXA Support Centre will respond to your request in a timely manner and provide you with the assistance you require to get your job done.
Complete the learning checkpoint to receive your Advanced e-conveyancing badge. Once you’ve completed all of the learning checkpoints, you’ll earn your Getting Started with PEXA Certification badge too! Not yet a member of the Community? Register and login to the Community to receive your badge.