Obtain a zoning certificate from the Municipal Council
Agency : Municipal Council (City of Sydney)
The seller is responsible for obtaining a Zoning Certificate from the Municipal Council. This document must be attached to the Contract for Sale (prescribed documents). A Building Certificate can also be obtained from the Municipal Council, but it is not mandatory. Certain municipal councils now process applications through the internet and deliver Zoning Certificates electronically. In the case of Sidney, it is possible to request a certificate online at https://online.cityofsydney.nsw.gov.au/, and it is possible to receive it by email.
Time and cost: 2 days, AUD 53
Obtain a title search certificate through the information broker
Agency : Information broker
According to the Conveyancing Act 1919 and the Conveyancing (Sale of Land) Regulation 2017, the seller is responsible for obtaining a title search certificate, a copy of any easement or covenant registered on title, a deposited plan and a land rates clearance certificate from the NSW Land Registry Services. The seller also obtains a sewage service diagram from the local water authority.
If the seller or the seller’s solicitor is doing the process online, they must use an approved information broker.
Time and cost: Less than one day, online, AUD 130.19 (Through information brokers)
- A title search for the property located in Sydney: AUD 24.50
- A copy of any easement or covenant on the title: AUD 25.30
- A deposited plan of the property: AUD 25.70
- Land rate clearance certificate: AUD 27.55
- Sewer service diagram: AUD 35.14
- Water rate clearance certificate (Section 66 certificate): AUD 31.40
Obtain an assessment for the stamp duty
Agency : Revenue NSW
To obtain an assessment of the stamp duty, Electronic Duties Returns (EDR) is used to electronically assess and endorse a range of duties transactions. Client service providers of the Revenue NSW provide the solicitor with access to the online EDR. A client service provider’s website is used for this assessment.
After the solicitor fills the information in the online EDR, a Duties Notice of Assessment will be issued with the stamping reference number with the total tax payable and the due date for payment, and instantly sent to the solicitor by email. The reference number is used to make the payment, generally at the time of an electronic lodgment. The buyer’s solicitor retains the original buyer’s declaration and supporting documents on behalf of the Revenue NSW.
Time and cost: Less than one day (online), AUD 4 (Client Service Provider’s service fee to access the online EDR: AUD 4 (the fee differs by CSPs))
Lodge the property transfer electronically
Agency : NSW Land Registry Services (Concessionary for Office of the Registrar General)
After July 1, 2018, the transfer must be lodged electronically via an Electronic Lodgment Network (ELN), under the Conveyancing Rules. Property Exchange Australia (PEXA) is the only ELN operating in NSW as of May 2019.
To conduct the electronic lodgment, each seller and buyer must use the service of a certified solicitor or conveyancer.
The solicitor prepares and reviews a contract for sales for the seller. The seller provides evidence to establish their right to deal in the land and the buyer provides the solicitor with details to enable them to complete the Electronic Notice of Sale (ENOS).
The parties physically sign Client Authorisation Forms (CAF) and undertake Verification of Identity (VOI) to provide the solicitor with the authority for the electronic lodgment.
The seller’s and buyer’s solicitors fill the necessary information online within a digital ‘workspace’ in the PEXA system. The buyer’s solicitor completes an electronic transfer form and Electronic notice of sale ENOS.
The stamping reference number obtained from the Revenue NSW will be required for the PEXA workspace to make the payment of the stamp duty.
Once the dealing is submitted, the registration will be completed almost immediately. A paper certificate of the new title will be issued to the new owner by postal delivery within two to three working days.
Time and cost: 2 days, AUD 191,383.14 (AUD 129.10 for registering property transfer at NSW Land Registry Services, AUD121.50 for the electronic lodgement by PEXA, Transfers also incur fixed stamp duty costs AUD 20.)
Stamp duty, according to the following schedule of tariffs:
- Below AUD 14,000, the fee is 1.25% of property value of property
- Between AUD 14,001 and AUD 30,000, the fee is AUD 175 + 1.5% of excess over AUD 14,000
- Between AUD 30,001 and AUD 80,000, the fee is AUD 415 + 1.75% of excess over AUD 30,000
- Between AUD 80,001 and AUD 300,000, the fee is AUD 1,290 + 3.5% of excess over AUD 80,000
- Between AUD 300,001 and 1,000,000, the fee is AUD 8,990 + 4.5% of excess over AUD 300,000
- Between AUD 1,000,001 – 3,000,000, the fee is AUD 40,490 + 5.5% of excess over AUD 1,000,000
- Over 3,000,000, the fee is AUD 150,490.00 + 7% of excess over AUD 3,000,000
