Application for Replacement Certificate of Title

Form 12PV (PDF 164 KB)

Dealing type - PV

Legislation - s111 Real Property Act 1900

Stamp duty - not required

Certificate of Title - required where the certificate of title is laminated or damaged

NOS form - not required.

Standard form of Caveat - does not prevent registration.

Recorded caveats must be examined to determine whether the caveator may be in possession of the certificate of title, e.g. a caveat by the NSW Trustee and Guardian or a caveator claiming as an unregistered mortgagee.

Priority Notice noted on the Register - see Priority Notice page.

Types of Applications accepted 

An application for replacement Certificate of Title form 12PV will be accepted if the certificate of title is lost, destroyed, damaged or laminated. 

Where an Application for Replacement Certificate of Title form 12PV is lodged for replacement of a damaged or laminated title and the Reference to Title and Certificate Authentication Code (if any) are legible, reference to s111 will not be recorded on the replacement certificate of title issued.

Use of an Application for Replacement Certificate of Title form 12PV is not appropriate where the certificate of title is held by some person not entitled to its custody, Request form 11R (PDF 131 KB) for production of the title.

For further information on completion of the application form see fact sheet Application for replacement Certificate of Title (PDF 247 KB).

The following instructions relate to the marginal letters on the form

(A) The reference to title must be stated. More than one certificate of title may be included in the application providing:

  • they are all in the name of the same registered proprietor and
  • they were lost or destroyed in the same circumstances.

(B) The full details of the lodging party must be entered including the customer account number if any.

(C) The full name of the registered proprietor must be stated and must be identical with the name shown on the Register. Where the name of a registered proprietor has changed a Change Of Name form 10CN must be lodged.

(D) The full name and capacity of the applicant must be stated. The application may be made by:

  • all or at least one of the registered proprietors. An application by a surviving joint tenant must be accompanied by a Notice of Death form 02ND.
  • a solicitor or a licensed conveyancer who had custody of the certificate of title at the time it was mislaid, destroyed etc.
  • a registered mortgagee or chargee.
  • a financial institution holding the certificate of title for reasons other than a mortgage.
  • an executor or administrator of a deceased sole proprietor or proprietor holding as a tenant in common. A Transmission Application must be lodged.
  • the secretary of the Owners Corporation of a Strata scheme or the appointed managing agent in relation to a replacement certificate of title for the common property.
  • the secretary of the Association of a Community Title scheme or the appointed managing agent in relation to a replacement certificate of title for the Association property (lot 1 in the scheme).

(E) The appropriate box on the form must be ticked.

(F) The appropriate box on the form must be ticked.

(G) Where the application has been executed by the registered proprietor or by their attorney under power of attorney, the execution must be witnessed and the daytime telephone number of the witness included. The application may also be executed on the registered proprietor’s behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Tick Tick Tick Tick

Note  An attorney cannot execute on behalf of an executor, administrator or trustee of a deceased estate.

For the execution requirements of a company, see execution requirements for companies, witnesses etc.

An application by a State owned corporation must be executed by an authorised officer. The capacity must be stated and the signature witnessed. The instrument of delegation is not required. See s50 Interpretation Act 1987.

An application by a statutory authority or prescribed authority, except for a Local Council, must be executed by an authorised officer. The capacity must be stated and the signature witnessed. The instrument of delegation is not required. See execution by a Local council.

Where the applicant is the Owners Corporation of a Strata Scheme, execution must take the form as set out in Strata Schemes Approved form 23 (PDF 15 KB).

Where the applicant is the Association of a Community, Precinct or Neighbourhood scheme, execution must take the form as set out in Community Title Schemes Approved form 18 (PDF 4 KB).

Supporting evidence required

Application by registered mortgagee (financial institution)

Where the application is made by a registered mortgagee being a financial institution, i.e. Bank, Credit Union or Building Society that has control of the certificate of title, the following must be annexed to the dealing:

  • a statutory declaration by the mortgagee in control of the certificate of title. The statutory declaration must be made by an authorised officer or legal representative of the company and their position and authority to do so on behalf of the company must be stated.
  • corroborative evidence of the loss and of any searches or enquiries made, if appropriate.

The statutory declaration must:

  • declare fully as to the circumstances of the loss or destruction.  If the certificate of title has been stolen or destroyed in a fire, the police event report number for the theft or the Fire Brigades report of the fire is required.
  • state the particulars of any other unregistered mortgage, charge or covenant charge affecting the land.

Application by non registered mortgagee  

If the mortgage is not registered or the financial institution is holding the certificate of title for reasons other than a mortgage, a rate notice etc and corroborative evidence from the registered proprietor is required.

Application by registered proprietor or mortgagee (non financial institution)

Where the application is made by the registered proprietor or a mortgagee not being a financial institution who is in control of the certificate of title, the following must be annexed to the dealing:

  • The current Council rate notice, water rate notice, or a certified copy thereof for the subject land. A water rate notice will only be accepted in lieu of a Council rate notice where council will not issue a replacement notice. A s603 certificate issued by Council is not acceptable in lieu of a rate notice.
  • A statutory declaration by all the registered proprietors or registered first mortgagee in control of the certificate of title. Where the registered proprietor or mortgagee is a company, the statutory declaration must be made by an authorised officer or legal representative of the company and their position and authority to do so on behalf of the company must be stated. The statutory declaration must:
    • refer to the current title reference of the missing Certificate of Title
    • trace the certificate of title to the person or organisation last known to have had possession of it. That person or an authorised officer of the organisation must declare fully the circumstances relating to the loss or destruction of the title.
      Where however, the party known to have had possession of the title is an organisation, other than the applicant, a statutory declaration from that organisation is not required if possession was obtained more than seven years ago.
    • if destruction cannot be positively established, the usual practice in regard to the safe custody of the certificate of title must be stated and that a search of all likely places where it could be held has been made
    • if the certificate of title has been lost in the post or while in possession of a courier service or the Document Exchange (DX), a written reply to enquiries directed to the relevant organisations and the results of searches conducted must be annexed
    • if the certificate of title has been stolen or destroyed in a fire, the police event report number for the theft or the Fire Brigades report of the fire is required
    • state the particulars of any unregistered mortgage, charge or covenant charge affecting the land. A statutory declaration by the mortgagee or chargee is required
    • state that the certificate of title is not held by any person or company as security for a loan or any other purpose other than the existing mortgage by the mortgagee applicant, if appropriate. This requirement does not apply to the Owners Corporation (Strata Title scheme) applying for a replacement certificate of title for the common property or the Association (Community Title scheme) applying for a replacement certificate of title for the Association property.
    • state that the registered proprietor has never been bankrupt or insolvent and has not assigned his/her/their estate for the benefit of creditors. This requirement does not apply to the New South Wales Aboriginal Land Council, Local Aboriginal Land Council, Owners Corporation (Strata Title scheme) applying for a replacement certificate of title for the common property or an Association (Community Title scheme) applying for a replacement certificate of title for the Association property.
    • state whether or not the registered proprietor being the New South Wales Aboriginal Land Council or Local Aboriginal Land Council is currently under administration. If under administration, a Notice of Appointment published in the NSW Government Gazette indicating the term of the office of the administrator must be furnished. If previously under administration, the NSW or Local Aboriginal Land Council must advise the date the administration ceased, and provide any evidence in support.
    • state that the rate notice, water rate notice, or a certified copy thereof, is for the subject land.
      Where the council will not issue a replacement notice and a water rates notice is lodged in lieu of a council rate notice, a statement to that effect must be included in the statutory declaration.
    • the rate notice must be in the name of the registered proprietor.   
  • Corroborative evidence of the loss and of any searches or enquiries made, if appropriate.
  • Where a caveat is recorded on the Register and the caveator is claiming as an unregistered mortgagee or chargee, a statutory declaration by the caveator stating that the caveator is not in possession of the certificate of title.
  • Where the application has been executed under power of attorney, a statutory declaration by the attorney explaining the loss of the title is acceptable in lieu of the declaration by the registered proprietor. The declaration by the Attorney must be made on his/her own behalf and not on behalf of another person. The original power of attorney document or a copy certified by a prescribed functionary must also be furnished. In either case, a statutory declaration to the effect that the power of attorney has not been revoked must accompany the application at lodgment.
  • Where the applicant is a company:
    • an Australian Securities and Investment Commission search certificate issued within 28 days showing the company’s registered address must be provided and
    • certified copies of identification documents of the authorised officer acting on behalf of the company as set out in the following table.

Rate notice exemptions

Applications by the following are exempt from furnishing the Council Rate Notice:

  • Local Councils
  • the NSW Government
  • the Commonwealth Government
  • NSW/Local Aboriginal Land Council
  • recognised Church bodies
  • the Owners Corporation applying for a replacement certificate of title for the common property
  • the Association (Community Title scheme) applying for a replacement certificate of title for the Association property
  • the owner of a time share title applying for a replacement certificate of title for the time share title

Identification required

The Conveyancing Rules standardised formal verification of identity and authority (right to deal) requirements.

Original or certified copies of documents produced must be current, except for an expired Australian Passport which has not been cancelled and was current within the preceding 2 years.  Any doubts see Supervisor / Team Leader.

The minimum documentation required must meet all the requirements in one of the Categories below: 

Category

Minimum Document Requirements


For Persons who are Australian citizens or residents:     

1

Australian Passport or foreign passport

plus Australian drivers licence or Photo Card

plus change of name or marriage certificate if necessary 

2

Australian Passport or foreign passport

plus full birth certificate or citizenship certificate or descent certificate

plus Medicare or Centrelink or Department of Veterans’ Affairs card

plus change of name or marriage certificate if necessary

 3

 Australian drivers licence or Photo Card

 plus full birth certificate or citizenship certificate or descent certificate

 plus Medicare or Centrelink or Department of Veterans’ Affairs card

 plus change of name or marriage certificate if necessary

4

 (a) Australian Passport or foreign passport

 plus another form of government issued photographic identity Document

 plus change of name or marriage certificate if necessary

 (b) Australian Passport or foreign passport

 plus full birth certificate

 plus another form of government issued identity Document

 plus change of name or marriage certificate if necessary

 5

 (a) Identifier Declaration

 plus full birth certificate or citizenship certificate or descent certificate

 plus Medicare or Centrelink or Department of Veterans’ Affairs card

 plus change of name or marriage certificate if necessary.

 (b) Identifier Declaration by a Person specified in Verification of Identity

 Standard paragraph 4.4(e)*

 plus Medicare or Centrelink or Department of Veterans’ Affairs card

 plus change of name or marriage certificate if necessary.

 

Note: Refer to Verification of Identity Standard paragraph 4* 

   For Persons who are not Australian citizens or residents:
 6

 (a) Foreign passport

 plus another form of government issued photographic identity Document

 plus change of name or marriage certificate if necessary

 (b) Foreign passport

 plus full birth certificate

 plus another form of government issued identity Document

 plus change of name or marriage certificate if necessary. 

*Paragraph 4.4(e) Schedule 8 NSW Participation Rules for Electronic Conveyancing

Note 

  • If categories 1 to 4 cannot be met, Category 5(a) may be used (see Identifier Declaration below).
  • A document containing text in a foreign language must be accompanied by an English translation. The translation must be signed on each page by the interpreter and be identified as an accurate translation of the document.
  • A ceremonial marriage certificate is not acceptable as supportive evidence.

A copy which is certified in NSW must be certified by one of the following:

  • a justice of the peace
  • a notary public
  • a commissioner of the court for taking affidavits
  • a solicitor authorised by subsection (1) of section 27, Oaths Act 1900 to take and receive any affidavit
  • another person by law authorised to administer an oath.

 Identifier Declaration

An Identifier Declaration certifies the identity of the person being referenced. The identity of the declarant must be supported by original or certified copies of documentation that meets all of the requirements in one of the categories numbered 1 to 4 in the table above.

The Identifier Declaration is in the form of a Statutory Declaration detailing the following:

  • the Identity Declarant’s name and address and
  • the Identity Declarant’s occupation and
  • the Identity Declarant’s date of birth and
  • the nature of the Identity Declarant’s relationship with the Person Being Identified and
  • that the Identity Declarant is not a relative of the Person Being Identified and
  • that the Identity Declarant is not a party to the Conveyancing Transaction(s) the Person Being Identified has or is entering into and
  • the length of time that the Identity Declarant has known the Person Being Identified and
  • that to the Identity Declarant’s knowledge, information and belief the Person Being Identified is who they purport to be.

If category 5(a) cannot be met, Category 5(b) may be used and -

The Identifier Declaration must be made by a person who is an Australian Legal Practitioner, a Bank Manager, Community Leader, Court Officer, Doctor, Land Council Officeholder, Licenced Conveyancer, Local Government Officeholder, Nurse, Public Servant or Police Officer.

Private lodging party

A private lodging party, i.e. a lodging party other than a financial institution, law stationer, licensed conveyancer or solicitor, who does not have an LPI document collection box, must provide:

  • photo identification in the form of a current Australian driver licence, RMS photo card or current Australian passport and if applicable
  • an accompanying statutory declaration to explain any difference between the postal address given for delivery and the address for service of notice shown on the rate notice.

The new certificate of title will be delivered to the address shown on the rate notice, except where an accompanying statutory declaration satisfactorily explains why another postal address is to be used.

All applications presented for lodgment by a private party will not be accepted for lodgment but will be referred directly to the Senior Examination Officer.

Requests for urgency

Immediate delivery of the replacement certificate of title is not available. Requests for urgency will not be considered. Expected time for processing of the application is approximately two working days providing the application proves to be in order for registration.

Non-delivery of Crown Grants or Certificates of Title

Inquiries should be made at the Client Services Counter if the affected folio of the Register contains a Note (NB) referring to the retaining, i.e. non-delivery of a Crown Grant or certificate of title.

If the Crown Grant or certificate of title is located in LPI it will be delivered to the appropriate party on receipt of a statutory declaration explaining the reason for non-delivery and photo ID from the delivery party recorded in LPI. An Application for Replacement Certificate of Title form 12PV is not required. 

Staff processing information

Where the lodging party is not the registered proprietor and is not a financial institution having a registered first mortgage:

  • Check the signature of the registered proprietor, usually on the statutory declaration, with his or her signature on a registered dealing, e.g. a mortgage; or if not possible.
  • Prepare a form letter '12PV Owner Letter' and forward it together with a reply paid addressed envelope to the registered proprietor at the address stated on the rate notice, or to the registered office for a company, allowing 14 days for a reply. Confirm the locality stated in the furnished ASIC search with an online search conducted with ASIC at www.asic.gov.au.
  • Where the registered proprietor signs and returns the lower portion of the '12PV Owner Letter' confirming the engagement of the lodging party to act on their behalf, the new certificate will be delivered to the lodging party.
  • If no response is received, prepare and forward a 28 day Notice of Intended Rejection, form 10-0130 to the lodging party and the registered proprietor. If the lodging party provides evidence that the registered proprietor is unavailable for a specified period of time, send the case to File1 allowing 14 days from the specified date of availability for a reply from the registered proprietor. Inform the lodging party of the action taken.

Refer to SM99

Creation of a replacement manual certificate of title.

Refer to SD31

An application involving:

  • an Aboriginal Association or corporation.
  • the NSW/Local Aboriginal Land Council.

Refer to Team Leader, for approval

An application accompanied by a transfer lodged by a private party.

Registration procedure

Replace lost or destroyed title

PRIME CODE  PV

DELIVERY DETAILS (1W) the address shown on the rate notice or the justified postal address stated in a statutory declaration.

Note The application must not be registered 'HIST' with following dealings. A copy of the rate notice and identification documents etc must be given an Evidence Number at time of registration.

Replace damaged or laminated title

TRANSACTION    HIST

DELIVERY DETAILS    as required.