New NSW Conveyancing and Land Title Regulations 2026

The regulatory framework supporting NSW conveyancing and registered land dealings was refreshed on 1 September 2026. On that date, the new Conveyancing (General) Regulation 2026 and Real Property Regulation 2026 took the place of their 2018 and 2019 predecessors. The changes apply equally to transactions involving homes, businesses and development sites in Norwest and across the Hills District.

The changes are mainly administrative, but they support the legal machinery used for deeds, plans, caveats, registered dealings and searches of the Torrens Register. Property professionals should use the current instruments, forms and lodgment guidance.

What the Conveyancing Regulation Covers

The Conveyancing (General) Regulation supports the Conveyancing Act 1919. It addresses documents recorded in the General Register of Deeds and Register of Plans, retention of plan documents, witnessing of deeds, prescribed authorities for easements and covenants, and registry fees.

Certificate of Currency Changes

An older survey may need a certificate confirming that its essential information remains current before the resulting deposited plan can be registered. The requirement arises in specified cases when more than two years have passed between completion of the survey and lodgment of the plan. The 2026 framework also clarifies how a surveyor should document matters that can no longer be confirmed.

• Revise the plan so that material changes are visible.
• Clearly cross out each certificate statement that the surveyor cannot verify.
• Attach an explanation connecting the unconfirmed statement with the alteration recorded on the revised plan.

What the Real Property Regulation Covers

The Real Property Regulation supports the Real Property Act 1900 and the Torrens title system. It addresses the form and handling of certain dealings and caveats, access to register information, land-registry fees and administrative review of titling or registry decisions.

Requirements Moved into Other Rules

Some clauses in the former regulations were not repeated because the relevant requirements continue through lodgment rules, approved forms or Registrar General’s Guidelines. Their omission should not be understood as removing the underlying procedural obligation.

For example, requirements concerning the description of co-ownership and annexures to dealings, caveats and priority notices continue to be reflected in land-title forms and lodgment guidance.

Foreclosure Notices

The Real Property Regulation introduces additional particulars for a notice of intention to seek a foreclosure order. If known, the notice must include the mortgagor’s or covenant charger’s date of birth and date and place of death. This assists record searching by NSW Trustee and Guardian.

Practical Steps for Property Professionals

• Check that precedents refer to the current 2026 regulations.
• Use the latest approved forms and Registrar General’s Guidelines.
• Confirm current lodgment rules before submitting unusual dealings, caveats or plans.
• Review certificate-of-currency procedures for older survey plans.
• Do not treat an omitted clause as removing a requirement without checking the relevant rules and forms.

Official Guidance

The Office of the Registrar General has published commencement summaries for the Conveyancing (General) Regulation 2026 and the Real Property Regulation 2026.

How Russell Kelly & Associates Can Assist

Russell Kelly & Associates assists with NSW conveyancing, commercial and residential property transactions, easements, covenants, caveats, deeds and development-related title matters.

Read more about our Property Law and Conveyancing and Property Development services.

This information is general in nature and does not constitute legal advice. Current requirements depend on the dealing, documents and circumstances. Information current as at 9 September 2026.