Conveyancing Process for Professionals

​​​​​​The Land Titles Office will soon provide for 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.
  • 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.
  • Guidance sessions
    Information about upcoming guidance sessions

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 proce​​ss

Electronic Conveyancing is currently scheduled to be introduced progressively in Tasmania Starting in the second half of the 2024 calendar year. 

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​.​

Contact

Land Titles Office

Level 1, 134 Macquarie Street,
Hobart, TAS, 7000.