Conveyancing Process for Professionals

The Land Titles Office has two parallel processes:

paper-based conveyancing, and
electronic conveyancing.

Where possible, these processes will have the same requirements to ensure the security of the Register of land (the Register) maintained by the Recorder pursuant to section 33 of the Land Titles Act 1980 is preserved regardless of the process used.

In this topic

Recorders Directions
The Directions issued by the Recorder of Titles provide, for the paper-based conveyancing process, the requirements and procedures to be followed for, or in connection with, the preparation, and the lodgment for registration, of applications, dealings, instruments, and other documents.
Electronic Conveyancing
Information relating to electronic conveyancing, Electronic Lodgment Network Operators (ELNOs), and the rules and requirements governing electronic conveyancing
Verification of Identity
Information relating to the requirement for conveyancing professionals and financial institutions to undertake Verification of Identity.
Verification of Right to Deal
Information relating to the requirement for conveyancing professionals and financial institutions to undertake Verification of Right to Deal.
Client Authorisation
Information relating to the requirement for conveyancing professionals to obtain a Client Authorisation.
Retention of Evidence
Information relating to the requirement for conveyancing professionals and financial institutions to retain evidence.
Certifications
Certifications are required to be provided in relation to many Registry Instruments and other Documents lodged in accordance with the Land Titles Act 1980.
Certification Rules
Certification Rules applicable in Tasmania.
Compliance Examinations
Information relating to the Land Titles Office undertaking Compliance Examinations.
Participation Rules
The participation rules regulate the use by Subscribers of an Electronic Lodgment Network to participate in electronic conveyancing.
Operating Requirements
The operating requirements regulate the operation of an Electronic Lodgment Network by Electronic Lodgment Network Operators.

For information about roles in conveyancing transactions in Tasmania - including the roles that Subscribers and private individuals may act in - read the Roles in Conveyancing Transactions webpage.

Please note: any capitalised term has the meaning given to it in the Recorder’s Directions, the Participation Rules, the Operating Requirements, or the Electronic Conveyancing National Law (ECNL) as applicable.

Paper-based conveyancing process

Online preparation of many forms, Registry Instruments and other Documents prior to printing for signing and lodgment, is currently available through the Tasmanian Online Land Dealings (TOLD) System.

The paper-based conveyancing process is being reformed to create a more robust and secure process. In part, this will be achieved through the Recorder’s Directions issued by the Recorder of Titles to mandate some of the requirements currently used in the National Electronic Conveyancing system.

Pursuant to these reforms these requirements will apply to Subscribers.

Subscribers who are Representatives

Subscribers who are Representatives will be required to:

conduct Verification of Identity (VOI) of relevant parties
conduct verification of relevant parties’ right to deal in a conveyancing transaction
obtain authorisation – in a specific form – to act on a Client’s behalf in the conveyancing transaction
retain documentary evidence showing that these steps were taken, and all other requirements were met, and
provide certifications to the Recorder of Titles that specific actions, including the above, were undertaken.

Subscribers who are Self-represented parties
Subscribers who are Self-represented parties will be required to:

conduct verification of relevant parties’ right to deal in a conveyancing transaction
retain documentary evidence showing that these steps were taken, and all other requirements were met, and
provide certifications to the Recorder of Titles that specific actions, including the above, were undertaken.

The Recorder’s Directions are available on the Recorder’s Directions webpage.

Land Titles Office Registry Instruments and other Documents will be updated over time to permit the Authorised Representative to sign.

Further reform will include:

the updating of Land Titles Office Registry Instruments and other Documents to permit the Authorised Representative to sign
to change witnessing requirements
to include Certifications on the face of the Instrument or Documents.

More information is available on the Client Authorisation or Certifications webpage.

These reforms, amongst others, are included on the Reforms to Conveyancing Process webpage.

Electronic Conveyancing process

Electronic Conveyancing is being introduced progressively in Tasmania from August 2024.

Where possible, Electronic Conveyancing will contain the same requirements as the reformed paper-based conveyancing process. The requirements for Subscribers (Representatives and Self-represented parties) and Electronic Lodgment Network Operators are outlined in Participation Rules and Operating Requirements for National Electronic Conveyancing, which are statutory rules.

Tasmania’s Participation Rules and Operating Requirements adopt the Model Participation Rules (MPR) and Model Operating Requirements (MOR), which are curated at a national level with each State and Territory’s input via the Australian Registrars' National Electronic Conveyancing Council (ARNECC).

For more information on the regulation of National Electronic Conveyancing please visit the Australian Registrars' National Electronic Conveyancing Council website.