Duties verification waiver

The NSW Registrar General has legislative powers under Section12E of the Real Property Act to “waive compliance with all or any provisions of the conveyancing rules if the Registrar General is satisfied that granting the waiver is reasonable in all the circumstances”.

The Office of the Registrar General website lists the types of transactions that have been provided waivers.

A paper title lodgement will not be accepted by Land Registry Services (LRS) unless a waiver for that transaction type can be provided.

Duties verification waiver

One of the waivers applies to the Duties Verification Service (DVS). There are a small number of transactions that currently will not achieve a successful verification service.

These are:

• A transfer where the consideration contains non-dutiable components on the contract eg livestock, plant and equipment, gaming machine entitlements.
• A transfer for a charitable or benevolent body where there is a partial duty exemption.
• A transfer for a property title using an auto console land identifier with folio and a sub-folio.
• A transfer that is in partial conformity.

These transactions types will not be able to complete an electronic settlement and will need to be completed using paper settlement.

The LRS will accept a paper settlement for these transaction types as long as you submit a letter of evidence from Revenue NSW along with the dealing form at the time of title transfer. We can provide this letter upon request.

Contact us

If you have one of these transaction types, email our eConveyancing team so we can confirm if your transaction does require a waiver and then we can provide you with a letter of evidence to submit to LRS.