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Ease of Doing Business in

Australia

Australia Download Profile (1733.5KB, pdf)
Region OECD high income
Income Category High income
Population 23,781,169
GNI Per Capita (US$) 60,070
City covered Sydney

190

1

DB 2017 Rank

1

100

DB 2017 DTF (% points)

  • local_library
  • group
Topics DB 2017 Rank DB 2016 Rank info_outline Change in Rank DB 2017 DTF (% points) info_outline DB 2016 DTF (% points) info_outline Change in DTF (% points) info_outline
Overall 15 13 down
2
80.26 80.25 down
0.01
Starting a Business 7 8 up
1
96.47 96.47
-
Dealing with Construction Permits 2 2
-
86.56 86.56
-
Getting Electricity 41 40 down
1
82.31 82.31
-
Registering Property 45 47 up
2
74.22 74.24 down
0.02
Getting Credit 5 5
-
90.00 90.00
-
Protecting Minority Investors 63 62 down
1
58.33 58.33
-
Paying Taxes 25 27 up
2
85.60 85.60
-
Trading across Borders 91 90 down
1
70.65 70.65
-
Enforcing Contracts 3 3
-
79.72 79.72
-
Resolving Insolvency 21 20 down
1
78.73 78.57 up
0.16

DB 2017 Rank:

45

DB 2016 Rank:

47

Change in Rank:

up2

DB 2017 DTF (% points):

74.22

DB 2016 DTF (% points):

74.24

Change in DTF (% points):

down0.02

STANDARD PROPERTY TRANSFER
Property value AUD 3,314,787
City Sydney
Indicator Australia OECD high income
Procedures (number) info_outline 5 4.7
Time (days) info_outline 4.5 22.4
Cost (% of property value) info_outline 5.2 4.2
Quality of the land administration index (0-30) info_outline 20 22.7
  • Measure of efficiency
    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

    Agency: Land and Property Information (Division of the Department of Finance, Service and Innovation of New South Wales Government )

    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.

    Less than a day (online procedure and simultaneous with Procedures 2 and 3) AUD 12.57 for online title search, online plans, easements and covenants
    * 2

    File for a zoning certificate from the Municipal Council

    Agency: Municipal Council (City of Sidney)

    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. In the case of Sidney, it is possible to request a certificate online at https://online.cityofsydney.nsw.gov.au/Certificates, and it is possible to receive it by email.

    2 days (about 7 days to return by post) (simultaneous with Procedures 1 and 3) AUD 53
    * 3

    File for a drainage diagram from the local water authority

    Agency: Local water authority (Sydney Water)

    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). This document can be obtained online at http://www.sydneywater.com.au/tapin/index.htm

    1 day (can be done online, then wait 7 days for return by post) (simultaneous with Procedures 1 and 2) AUD 19.89
    4

    Stamp contract with ad valorem stamp duty (i.e. according to value) at the Office of State Revenue

    Agency: NSW 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 Land and Property Information Division ("LPI"), also 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.


    Where the dutiable value of residential land exceeds AUD 3 million, the duty payable is: AUD 150,490 plus AUD 7 for every AUD 100, or part, that exceeds AUD 3 million.


    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).

    1 day (over the counter, can be done online as well) Stamp duty, according to the following schedule of tariffs :
    Below AUD 14,000, the fee is 1.25% of property value of property
    Between AUD 14,001 and AUD 30,000, the fee is AUD 175 + 1.5% of excess over AUD 14,000 
    Between AUD 30,001 and AUD 80,000, the fee is AUD 415 + 1.75% of excess over AUD 30,000 
    Between AUD 80,001 and AUD 300,000, the fee is AUD 1,290 + 3.5% of excess over AUD 80,000 
    Between AUD 300,001 and 1,000,000, the fee is AUD 8,990 + 4.5% of excess over AUD 300,000 
    Between AUD 1,000,001 - 3,000,000, the fee is AUD 40,490 + 5.5% of excess over AUD 1,000,000 
    Over 3,000,000, the fee is AUD 150,490.00 + 7% of excess over AUD 3,000,000
    Transfers also incur Fixed Stamp Duty costs totaling AUD 20
    5

    Notice of Sale, Transfer of Land form and Certificate of Title are lodged with Land and Property Information by the buyer

    Agency: Land and Property Information Division (NSW)

    The Transfer of Land form and Certificate of Title (owner’s copy) are then sent to the Land and Property Information Division for registration ("LPI"). This form is used by LPI 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://shop.lpi.nsw.gov.au/wps/portal/enos/menu.pl) 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.

    1 day—minutes face to face, up to 2 days bulk lodgment. Notice can be submitted online as well AUD 219 for lodging a transfer of ownership

    * Takes place simultaneously with previous procedure.

  • Measure of quality
    Answer Score
    Quality of the land administration index (0-30) 20.0
    Reliability of infrastructure index (0-8) 7.0
    What is the institution in charge of immovable property registration? Land and Property Information (New South Wales)
    In what format are the majority of title or deed records kept in the largest business city—in a paper format or in a computerized format (scanned or fully digital)? Computer/Scanned 1.0
    Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions and the like)? Yes 1.0
    In what format are the majority of maps of land plots kept in the largest business city—in a paper format or in a computerized format (scanned or fully digital)? Computer/Fully digital 2.0
    Is there an electronic database for recording boundaries, checking plans and providing cadastral information (geographic information system)? Yes 1.0
    Is the information recorded by the immovable property registration agency and the cadastral or mapping agency kept in a single database, in different but linked databases or in separate databases? Different databases but linked 1.0
    Do the immovable property registration agency and cadastral or mapping agency use the same identification number for properties? Yes 1.0
    Transparency of information index (0–6) 3.5
    Who is able to obtain information on land ownership at the agency in charge of immovable property registration in the largest business city? Anyone who pays the official fee 1.0
    Is the list of documents that are required to complete any type of property transaction made publicly available–and if so, how? Yes, online 0.5
    Link for online access: http://www.lpi.nsw.gov.au/land_titles/buying_and_selling_property_in_nsw
    Is the applicable fee schedule for any property transaction at the agency in charge of immovable property registration in the largest business city made publicly available–and if so, how? Yes, online 0.5
    Link for online access: http://www.lpi.nsw.gov.au/__data/assets/pdf_file/0009/203121/2015_06_LPI_fe...
    Does the agency in charge of immovable property registration commit to delivering a legally binding document that proves property ownership within a specific time frame–and if so, how does it communicate the service standard? No 0.0
    Link for online access:
    Is there a specific and separate mechanism for filing complaints about a problem that occurred at the agency in charge of immovable property registration? No 0.0
    Are there publicly available official statistics tracking the number of transactions at the immovable property registration agency? Yes 0.5
    Number of property transfers in the largest business city in 2015: 239,678
    Who is able to consult maps of land plots in the largest business city? Anyone who pays the official fee 0.5
    Is the applicable fee schedule for accessing maps of land plots made publicly available—and if so, how? Yes, online 0.5
    Link for online access: https://shop.lpi.nsw.gov.au/wps/portal/lpma/lpi-shop/searches/products/ut/p...
    Does the cadastral or mapping agency commit to delivering an updated map within a specific time frame—and if so, how does it communicate the service standard? No 0.0
    Link for online access:
    Is there a specific and separate mechanism for filing complaints about a problem that occurred at the cadastral or mapping agency? No 0.0
    Geographic coverage index (0–8) 4.0
    Are all privately held land plots in the economy formally registered at the immovable property registry? No 0.0
    Are all privately held land plots in the largest business city formally registered at the immovable property registry? Yes 2.0
    Are all privately held land plots in the economy mapped? No 0.0
    Are all privately held land plots in the largest business city mapped? Yes 2.0
    Land dispute resolution index (0–8) 5.5
    Does the law require that all property sale transactions be registered at the immovable property registry to make them opposable to third parties? Yes 1.5
    Is the system of immovable property registration subject to a state or private guarantee? Yes 0.5
    Is there a specific compensation mechanism to cover for losses incurred by parties who engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? Yes 0.5
    Does the legal system require a control of legality of the documents necessary for a property transaction (e.g., checking the compliance of contracts with requirements of the law)? Yes 0.5
    If yes, who is responsible for checking the legality of the documents? Registrar; Lawyer.
    Does the legal system require verification of the identity of the parties to a property transaction? Yes 0.5
    If yes, who is responsible for verifying the identity of the parties? Registrar; Lawyer.
    Is there a national database to verify the accuracy of identity documents? No 0.0
    For a standard land dispute between two local businesses over tenure rights of a property worth 50 times gross national income (GNI) per capita and located in the largest business city, what court would be in charge of the case in the first instance? Supreme Court of New South Wales
    How long does it take on average to obtain a decision from the first-instance court for such a case (without appeal)? Between 1 and 2 years 2.0
    Are there any statistics on the number of land disputes in the first instance? No 0.0
    Number of land disputes in the largest business city in 2015:
    Equal access to property rights index (-2–0) 0.0
    Do unmarried men and unmarried women have equal ownership rights to property? Yes 0.0
    Do married men and married women have equal ownership rights to property? Yes 0.0