NSW Residual Documents
In May of 2020 the COVID-19 Residual Lodgement process was made available in PEXA to enable out of scope paper documents to be lodged with NSW Land Registry Services via a workspace. These documents are known generally as Residual Documents. Our members have benefited from the convenience of this process, a result of the collaboration between the NSW Office of the Registrar General (ORG), NSW Land Registry Services (LRS) and PEXA.
Dale Turner of Dale Turner Conveyancing writes:
Having lodged numerous Residual Documents in Pexa, we have found the process to be surprisingly straight forward & time saving.
Even though you still need to prepare a paper dealing, the time you save in not having to involve a lodging agent or traveling to the LRS yourself is invaluable!
The electronic lodgement instructions are clear & easy to follow & the uploading of files quick & simple to complete.
We have found the diversity of documents which can be lodged is comprehensive & therefore of great assistance in a wide range of conveyancing matters.
Always check your documents are in order for Registration before lodgement.
And remember, always ensure the Affirmation Statement is perfect!
New functionality is continually being developed over time between NSW LRS and PEXA to allow electronic lodgement of residual documents, these are known as Structured Residual documents. The pool of documents which aren’t currently available electronically will be made available, over time, in batches. The first batch was made available in September 2020 and the second batch in January 2021, whereby 24 new Structured Residual documents were released.
Timeline towards 100% digital
In December 2020, ORG announced that Transfers without Monetary Consideration, Notices of Death, Transfers of lease, mortgage or charge and Residual Documents Batch 1 would be mandated from 22 March 2021.
Where can I find if a document is available to be lodged electronically or mandated?
The NSW Office of the Registrar General has provided a Schedule of eDealings, available on their website (https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/schedule-of-edealings ) which sets out:-
mainstream dealings mandated to be lodged electronically;
other dealings available electronically; and
a schedule for the release of residual documents as electronic dealings.
Top Tips
Here are my top tips to consider before Lodging a Structured Residual Document in PEXA:-
Check the Schedule of eDealings on the ORG’s website- https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/schedule-of-edealings
This will assist you to determine if your document is availbale to be lodged electronically or mandated.
Review the RG’s Guidelines for your particular Residual Document - https://rg-guidelines.nswlrs.com.au/e-dealings/elodgment/Residual-Documents
The RG’s guidelines will assist you with the completion of your document through the guide to complete and include important information on subscriber requirements and supporting evidence.
Check if there is a Help Card on our Community Page for your particular document - https://community.pexa.com.au/t5/Help-Centre/Residual-Documents-Help-Centre/ba-p/14746
We have a dedicated page in Community on Residual Documents which has detailed notes on how to process residual documents, frequently asked questions, State specific requirements and help cards for commonly used documents like a Change of Name.
Ensure that the Consent (if applicable) is created in the workspace
If the title is encumbered, ensure to invite in the Mortgagee into the workspace via the Participants Screen. If you hold the unencumbered paper title create the Consent via the Documents screen.
Subscribe to ORG emails to stay up to date with all the latest announcements
http://www.registrargeneral.nsw.gov.au/contact-us
Waiver
Become familiar with the current waiver which commenced on 22 March 2021 - Required Dealings Exceptions waiver CR 1/2021.
https://www.registrargeneral.nsw.gov.au/__data/assets/pdf_file/0006/967200/Conveyancing-Rules-Waiver-CR1-2021.pdf
ORG have also prepared some FAQs which you may find helpful:
www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/faqs
Webinars
I am very proud to be part of the NSW Virtual Hub Team who have run numerous webinars on both the COVID-19 Residual lodgement process and Structured Residual Documents. We look forward to continuing to assist and support our NSW members with transitioning residual documents from paper to electronic dealings. We hope you can join us for our next series of Webinars due to kick off at the end of April! Keep an eye out for the invitation in your inbox or contact your allocated PEXA Partner for more information.
A big thank you to Dale Turner for sharing his experience with residual documents in PEXA.
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