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:
Create a consent in NSW.
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:
APRA regulated Financial Institutions, who hold a registered first mortgage; and
Are PEXA Subscribers, or are represented by a PEXA Subscriber.
To create the consent:
Select Documents from the left hand side navigation.
From the Create Document pull down menu, select 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:
Transacting Party Consents.
Third Party Consents.
Conversion to NO-CT.
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
Instrument in Workspace
The transaction is being processed electronically in PEXA within the same lodgement case as the consent.
The transaction is being processed outside of PEXA (documents being lodged via the paper channel).
When a consent is required by the CoRD Holder to permit the Registration of a Registry Plan (of Subdivision or amalgamation of adjoining lots).
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.
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).
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.