Electronic conveyancing (or eConveyancing) allows instruments and documents needed for property transactions to be digitally prepared, signed, settled and lodged. There are currently two approved Electronic Lodgment Network Operators (ELNOs) that offer eConveyancing subscription services to financial institutions and legal practitioners:
For further information on how to subscribe, please contact the ELNOs directly. Instruments currently available are listed on this page, however, not all instruments are available through all ELNOs.
On this page
List of Available and Mandated Instruments
View a comprehensive list of mandated and available instruments.
About the eConveyancing Mandate
Learn more about the eConveyancing mandate, legislated in Queensland from 20 February 2023.
Instrument Exclusions & Exemptions
View a list of specific exclusions and other exemptions for available and mandated instruments.
Operating Requirements & Participation Rules
For Electronic Lodgment Networks and their operators as determined by the Queensland Registrar of Titles.
Benefits of eConveyancing
eConveyancing offers substantial benefits and efficiencies and will replace many of the paper and manual processes that are currently used in traditional property transactions.
Some of the benefits include:
- Confirmation of lodgement and registration – receive immediate confirmation of your lodgement and be notified once the transaction is complete.
- Secure financial settlement – settle transactions in a secure environment and pay fees and disbursements.
- Reduced requisitions – checks and verifications built into the eConveyancing system help significantly reduce the number of requisitions. eConveyancing users are requisitioned less on average for the same transaction when compared with paper dealings.
- Higher volume of settlements – settle multiple transactions at the same time.
About the eConveyancing Mandate
The eConveyancing mandate, which commenced on 20 February 2023, requires that some instruments must be lodged using eConveyancing, unless a valid exemption applies (i.e. they are mandated).
The mandate, introduced by the Land Title Regulation 2022, applies to all industry professionals and corporate entities that are lodging a required instrument dealing with freehold land.
Watch the below video on Navigating the eConveyancing Mandate from Titles Queensland to get started.
Available Instruments vs Mandated Instruments – what’s the difference?
The term ‘available instruments’ refers to all instruments which are capable of lodgement using eConveyancing. while the term ‘mandated instruments’ refers only to those instruments which must be lodged using eConveyancing unless an exemption applies.
In addition, not all available instruments are mandated instruments, so there are some instruments which can be lodged using eConveyancing, but are not captured by the mandate, and therefore do not have to be lodged using eConveyancing.
A list of available instruments can be found below, with mandated instruments labelled as such.
Available Instruments, Exclusions & Exemptions
In this section you will find the complete list of Available Instruments with their specific Exclusions.
Instrument Specific Exemptions are those exemptions that are specific to the type of instrument being lodged e.g. Form 1 – Transfer.
Because no ELNO (PEXA or Sympli) presently has the functionality to allow for every possible variation that every instrument can be utilised for (in the way that a paper form would), an exemption (the functionality exemption) is provided for in the mandate for circumstances where the functionality to prepare, lodge or deposit the required instrument does not exist.
For example, some types of Form 1 – Transfer (e.g. Mortgagee exercising power of sale) cannot be processed through an ELN. Such transfers are therefore exempt from the mandate and are permitted to be lodged in paper form, provided a properly completed Exemption Request Form (ERF) accompanies the paper lodgement.
Below is a list of the available instrument-specific inclusions and exclusions.
Click on the instrument to view the exclusions and exemptions.
Form 14 Instruments
Click on the instrument to view the exclusions and exemptions.
Functionality Exclusions
Below is a list of functionality exclusions to eConveyancing:
- Where a party to the transaction is the ‘Trustee of the Property of …., a Bankrupt’
- Where the given name of one of the parties is greater than 30 characters, the total of all given names of one of the parties is greater than 60 characters, or where the family name of one of the parties is greater than 60 characters.
- Where an organisation has a name greater than 255 characters;
- Any dealings lodged over a multi-title lot e.g. timeshare;
- Any instrument which is not an ELN Lodgement or ELN Transfer (under a Relevant Transfer Agreement) as defined by the Duties Act 2001 (Qld) – for further information see the QRO website.
- Where a Titles lodgement fee exemption applies with the exception of transfers pursuant to the Family Law Act 1975 (Cth) or where the State of Queensland (including a Queensland Government agency representing the State) is acquiring an interest, or releasing or surrendering an interest (other than a fee simple interest), or depositing or removing an administrative advice.
- Where a registered owner has a name suffix
- Where a registered owner is recorded as ‘minor’
- Where a party to an instrument is a deregistered company
- Where the title is partially cancelled
- Where an unregistered plan is lodged on title with the exception of:
- Caveat
- Withdrawal of Caveat
- Removal of Lapsed Caveat
- Withdrawal of Priority Notice
- Extension of Priority Notice
Exemptions
Mandate Exemptions
A mandated instrument does not need to be lodged using eConveyancing if it meets any of the following criteria:
- It is covered under one of the ‘General Exemptions’ to the mandate listed below;
- It meets one of the applicable ‘Instrument Specific Exemptions’ listed below;
- The instrument was executed by any party prior to 20 February 2023.
General Exemptions
General Exemptions are those exemptions that apply to all the instruments captured by the eConveyancing mandate. A list of General Exemptions can be found below:
A party to the instrument, who is a natural person (i.e. not a company etc.), is not a Subscriber to an Electronic Lodgment Network Operator (i.e. not a subscriber to PEXA or Sympli) and is not represented by an Australian legal practitioner or an incorporated legal practice.
The Electronic Lodgment Network and/or Titles Queensland system does not have the functionality to complete the transaction.
Example: Although a Form 1 – Transfer is a required instrument; it is not currently possible to lodge a transfer by a third party through eConveyancing.
When the eConveyancing lodgement was attempted, circumstances beyond the lodger’s control prevented the lodgement from proceeding.
Example: Where the lodger experiences internet access issues for the entire day, or the Electronic Lodgment Network was unavailable for use for the entire day.
The instrument is required to be lodged with another instrument that cannot be lodged using eConveyancing
Example: Where a transfer must be lodged with a plan of survey and the plan of survey cannot be lodged using eConveyancing
The instrument is required to be lodged with another instrument which includes a party who is an unrepresented person.
Example: Where a release of mortgage must be lodged in combination with a transfer and the mortgagee releasing the mortgage is an unrepresented individual.
The instrument:
a) replaces an instrument that was lodged using eConveyancing and subsequently rejected or withdrawn under section 157 or section 159 of the Land Title Act 1994; and
b) for which an associated financial transaction has been completed.
Example: A Form 1 – Transfer is lodged, and the purchase price has already been paid to the seller. Prior to registration of the transfer, the lodger identifies an error and withdraws the transfer for it to be re-lodged with the correct information. The re-lodged transfer, although a transfer is a required instrument, will be acceptable in paper form.
The instrument(s) being lodged give effect to a transaction that is not an ‘ELN lodgement’ or ‘ELN transfer’ within the meaning of the Duties Act 2001 (Qld) section 156D.
Refer to part [62-6022] of the Land Title Practice Manual for a further explanation.
Functionality Exemption – How do I know if my mandated instrument is exempt for functionality?
To confirm if the functionality exists to lodge a mandated instrument by eConveyancing or not, you should review the list of inclusions and exclusions in the Available Instruments Exclusions section above and make a determination as to whether the mandated instrument satisfies any of the exemptions listed. If there is no applicable exemption for the instrument, then no valid exemption for functionality applies and the instrument must be lodged by way of eConveyancing.
What do I do if the instrument I want to lodge is exempt?
If you determine that the instrument you want to lodge is exempt from the eConveyancing mandate, you should complete and prepare an Exemption Request Form (ERF) and deposit it in conjunction with the paper form when you lodge it. The ERF can be obtained from the Forms page.
I have a question about the Mandate, what should I do?
If you have a question about the mandate, you should first check this website, as well as the Land Title Practice Manual, and the Mandate FAQ’s page to ensure the question has not been answered already. If you cannot find the answer to your question, you should contact Titles Queensland.
I have received a warning from my ELNO about my Instrument, what should I do?
A warning is returned to provide an opportunity for a subscriber to ensure details are correct, or identify items which, may or may not, impact registration, it does not mean that the instrument will not be accepted for lodgement. As such a ‘Warning’ will not prevent lodgement of a dealing (in paper or via an Electronic Lodgement Network), rather it is the obligation of the subscriber to complete the documents correctly and certify the details provided are true and correct prior to lodgement. If you require assistance, you should contact your respective ELNO (PEXA or Sympli).
Operating Requirements and Participation Rules
Under the Electronic Conveyancing National Law (Queensland), the Registrar of Titles can determine the requirements for Electronic Lodgment Networks and their operators (operating requirements) and set rules for participation in the networks by subscribers such as legal practitioners and financial institutions (participation rules). In some circumstances, the Registrar can waive compliance with these requirements.
Refer to the following for more information:
