Australia

Registering Property in

Australia

Listed below is a detailed summary of the steps, time and cost involved in registering property, assuming a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute.

The information appearing on this page was collected as part of the Doing Business project, which measures and compares regulations relevant to the life cycle of a small- to medium-sized domestic business in 183 economies. The most recent round of data collection for the project was completed in June 2011.

  • Standard Property Transfer

  • Property Value: AUD 3,009,116.68
  • City: Sydney

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No. Procedure Time to Complete Associated Costs
* 1 File for a title search certificate, deposited plans, easements and covenants recorded on the title from the Land and Property Information Department

The seller is responsible for obtaining a title search, plans ( known as Deposited Plans), easements and covenants recorded on title from the Land and Property Information department, according to by law, the Conveyancing Act 1919 and the Conveyancing (Sale of Land) Regulation 2005. These documents must be attached to the sale contract (prescribed documents); failure to do so may entitle the purchaser to rescind the contract.
LPI's circular 2008/05 increased fees from July 1st 2008 for over the counter services to $12.75 for most documents.



Agency: Land and Property Information Division of the Department of Lands (NSW) 		1 day (inmediately online, 30 minutes over the counter) (simultaneous with procedures 2 and 3) AUD 11 for online title search, online plans, easements and covenants
* 2 File for a zoning certificate from the Municipal Council

The seller is responsible for obtaining a Zoning Certificate from the Municipal Council. This document must be attached to the Contract for Sale (prescribed documents). A Building Certificate can also be obtained from the Municipal Council, but it is not mandatory. Certain municipal councils now process applications through the internet and deliver Zoning Certificates electronically.


Agency: Municipal Council 		2 days (about 7 days to return by post) (simultaneous with procedures 1 and 3) AUD 100
* 3 File for a drainage diagram from the local water authority

The seller is responsible for obtaining a Drainage Diagram from the water authority. This document must be attached to the contract for sale (prescribed documents).


Agency: Local water authority 		1 day (can be done online, then wait 7 days for return by post) (simultaneous with procedures 1 and 2) AUD 22.1 (includes service fee)
4 Stamp contract with ad valorem stamp duty (i.e. according to value) at the Office of State Revenue

If there are no outstanding interests in the property, then the solicitor for the buyer (if one is used) prepares a Transfer form (obtained from the Department or available online) for execution by the seller. The transfer may also be completed by the buyer.
The Transfer form (and others) are available in a PDF format on the LPI website at:
http://www.lpma.nsw.gov.au/land_property_information
The forms are interactive with popup notes to assist with their completion.
The contract is sent to the Office of State Revenue and stamp duty is paid (by purchaser).
If stamping of the Contract does not occur within 3 months of exchange penalty duty is payable on the amount of stamp duty payable at the rate of 15.75% per annum.

The rate of Duty is "$40,490 plus $5.50 for every $100 in property value exceeding $1,000,000".

Transfers also incur Fixed Stamp Duty costs totaling $20: $10 each for the stamping of the Real Property Transfer (counterpart contract and Transfer of Land form)




Agency: NSW Office of State Revenue 		1 day (over the counter) Stamp duty, according to the following schedule of tariffs : Value of property + GST (in AUD) Stamp Duty (in AUD) New South Wales (Sydney) Below 14,000 1.
5 Notice of Sale, Transfer of Land form and Certificate of Title are lodged with Land and Property Information by the buyer

The Transfer of Land form and Certificate of Title (owner’s copy) are then sent to the Land and Property Information Department for registration.
This form is used by LPMA to notify the local council, water supply authority and relevant rating authorities of changes in ownership of the properties. Legislation requires this form to be lodged in all cases where the registered proprietor name on title changes, including a change of name. Customers are able to complete and lodge notices of sale (NOS) online using LPI’s electronic notice of sale form (eNOS) available online (https://six.lands.nsw.gov.au/wps/portal/Support) or hard copy versions can be obtained from our Sydney office or law stationers.
Once a dealing is registered the local council, water supply authority and relevant rating authorities are automatically informed of the change and their records are updated.


Agency: Land and Property Information Division of the Department of Lands (NSW) 		1 day—minutes face to face, up to 2 days bulk lodgment AUD 194 for the Transfer of Land Form
* Takes place simultaneously with another procedure.
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