Draft Real Property Regulations 2024

The South Australian Government is seeking feedback on draft Real Property Regulations 2024.

The draft regulations have been prepared to remake the Real Property Regulations 2009, due to expire on 1 September 2024.

The draft Real Property Regulations 2024 (PDF, 60 KB) include a number of proposed regulation changes (PDF, 134 KB), including:

• clarifying that it is not possible to register the transfer of a portion of a registered lease
• requiring all land division plans lodged in the Lands Titles Registry Office to be certified by a surveyor
• expanding the circumstances where a legal practitioner or registered conveyancer can execute an instrument on behalf of their client without a Client Authorisation
• removing exemptions for certain classes of instruments, which have now been electronically enabled
• clarifying that there are two different reference documents for verification of identity requirements – one for each of paper and electronic lodgements
• providing details of the information that must accompany an application for caveat
• remove ambiguity regarding the Plan Presentation Guidelines.

Work to update the Real Property Act 1886 is also underway, which includes enabling land division documents to be lodged electronically. Feedback will be sought on these changes soon.

Feedback on the draft regulations can be provided by emailing DTI.RegistrarGeneral@sa.gov.au by 5:00 pm, 3 June 2024.

Visit the PlanSA Current consultations page for more information.