on 28-02-2017 10:02 AM
Previously transactions in NSW were out of scope for PEXA where a property was being transacted under a Power of Attorney (PoA). As of today, this is no longer the case thanks to LPI aligning with other states. Check out the full details below.
Engagement of Clients acting under Power of Attorney.
Recently PEXA communicated a new feature to be added to PEXA as part of Release 5.1. The new feature enabled subscribers engaged by a client acting under PoA to record and submit, with lodged dealings, PoA and Attorney details.
NSW Land and Property Information (LPI) have now determined to align with the national approach being to rely upon Verification of Identity procedures, and so no longer require PoA details to be communicated to the registrar as part of lodgement.
This means that from today PoA details are NOT required to be recorded as part of land registry dealings in NSW. All dealings where a Subscribers client is acting under PoA in NSW may now be completed in PEXA.
on 02-03-2017 10:27 AM
Is there a direction from LPI which confirms PoAs can now be completed in PEXA and/or is there a legislative or regulatory basis for this new position?
on 02-03-2017 12:41 PM - last edited on 02-03-2017 12:48 PM by EmilyBilling
Thanks for this news does this mean that we do not have to insert Book and Number on the dealings, but does not mean that the POA itself does not need to be registered? that is POA should still be registered? Would be great if LPI could clarify this with an official communication.
on 06-03-2017 09:59 AM
PoA still needs to be registered as per usual. The only change is that previously LPI required the reference to be supplied with dealings being lodged. As PEXA does not have anywhere to record this reference, these dealings could not be lodged electronically via PEXA. LPI no longer need to receive this reference with the dealings, but rather, rely on the practitioner to utilise VOI procedures to ensure a PoA is held. Hence, you may now transact dealings involving a PoA on PEXA. Hope this helps! May I also recommend contacting LPI on their e-conveyancing email address if you need further clarification.
on 06-03-2017 10:06 AM
Hi Chrisball, there is currently no announcement or written RG direction on this as the PoA will be still be in place and registered, you just won't need to provide the reference number when you are transacting dealings. NSW was the only state that required this reference - one of the benefits to creating a national e-conveyancing platform is that we start to see the states aligning! May I recommend making contact with LPI on their e-conveyancing email address for further confirmation: