FAQ’s

• What is the eConveyancing mandate?

Electronic conveyancing (or eConveyancing) allows instruments and documents needed for property transactions to be digitally prepared, signed, settled and lodged.

From 20 February 2023, in accordance with the Land Title Regulation 2022, certain types of instruments and documents (referred to as ‘required instruments’) must be lodged through an Electronic Lodgment Network (ELN) unless an exemption applies. There are currently two approved Electronic Lodgment Network Operators (ELNOs), PEXA and Sympli.

For a list of instruments which can be lodged using an ELN (and to which the mandate will apply) and the list of exemptions, refer to the Titles Queensland website.

• Why has the eConveyancing mandate been introduced?

eConveyancing has been available (on a voluntary basis) in Queensland from 2013 regulated by the Electronic Conveyancing National Law (Queensland). Since 2016, several other Australian states have mandated the use of eConveyancing for particular land transactions.

To support the modernisation of Queensland conveyancing practises, increase efficiency and adopt a streamlined approach on par with other states, the Queensland Government has, through the Land Title Regulation 2022, mandated the use of eConveyancing when lodging particular instruments and documents, referred to as ‘required instruments’.

For more information on the eConveyancing mandate, the ‘required instruments’, and the exemptions to the mandate, refer to the Titles Queensland website.

• What are the ‘required instruments’ that must be lodged using eConveyancing?

The list of ‘required instruments’ is set out at section 4 of the Land Title Regulation 2022. A list of required instruments is also on the Titles Queensland website. A required instrument means a transfer, mortgage, release of mortgage, caveat, withdrawal of caveat, transmission application (currently, Form 5 only), and priority notices and associated dealings (meaning extensions and withdrawals) excluding priority notice dealings deposited over water allocations.

• What instruments are available to be lodged using eConveyancing?

The list of instruments available to be lodged using eConveyancing is set out on the Titles Queensland website and may also be available on the website of the relevant ELNO.

• Do I need to deposit any supporting evidence or documents when I am preparing and lodging an instrument via eConveyancing?  

As a general rule, supporting documentation (that is ordinarily deposited with instruments lodged in paper) is not required to be deposited with instruments lodged via eConveyancing. Instead, the evidence is held by the subscriber in accordance with the Participation Rules for electronic conveyancing. Two examples include:

1. a death certificate is not required to be deposited with a Form 4 – Record of Death;
2. a Form 20 – Declaration or written notice of the registered owner’s intention to sever the joint tenancy is not required to be deposited with a Transfer to sever a joint tenancy under s.59 of the Land Title Act 1994.

However, there are a few instrument-specific exceptions to this. For further information, refer to the eConveyancing section within the Part of the Land Title Practice Manual relevant to the instrument you wish to lodge (e.g. Part 1-5000 for Transfers).

Please note, where there is a statutory requirement that supporting evidence must be deposited with an instrument and it is not possible to do so using eConveyancing, the instrument must be lodged in paper (for example, registered owner’s consent for a caveat under s.126(1)(b) of the Land Title Act 1994).

• If a required instrument has been signed in paper before 20 February 2023, do I have to lodge it using eConveyancing?  

No – If a required instrument has been signed by any party in paper form before 20 February 2023, you can lodge it in paper (including eLodgement) and the instrument will be processed and examined as usual. Please refer to section 6 of the Land Title Regulation 2022.

• Are there exemptions to the mandate and, if so, what are they?

Yes – the exemptions are listed on the Titles Queensland website.

• How do I claim an exemption when lodging an instrument in paper form?

You must complete an Exemption Request Form (ERF) available on the Titles Queensland website and deposit it with the instrument that you are lodging in paper. Ensure that the ERF is correctly completed, including being signed and dated. If the ERF is not completed properly, Titles Queensland may issue a requisition requiring the lodger to address the deficiency.

• Does the ERF need to be an original and wet signed?

No – If an ERF is to be lodged, it may be an original or a photocopy, and the ERF may be wet signed or electronically signed.

• I am the sole director of my company (XYZ Pty Ltd). Do I still need to lodge an instrument using eConveyancing if my company is a party to the instrument and I do not wish to engage a lawyer to act for the company?

Yes – Unless an exemption applies which does not require the instrument to be lodged using eConveyancing (and you have deposited an Exemption Request Form), the instrument must be lodged using eConveyancing. Accordingly, the company must either engage a lawyer / law firm that is a subscriber to an ELNO or become a subscriber to an ELNO (if eligible). The full list of exemptions is available on the Titles Queensland website.

• If my lawyer / the law firm is not a subscriber to an ELNO, can my lawyer lodge the instrument in paper form?

No – The Land Title Regulation 2022 does not provide an exemption for lawyers or law firms that are not subscribers. All lawyers / law firms that lodge required instruments should subscribe to an ELNO. If your lawyer is not a subscriber, they must become a subscriber, or you may engage another law firm that is a subscriber.

• I am the registered owner of my property that I am selling, and I would like to personally (without engaging a lawyer) lodge a transfer of the property to the buyer. Do I need to subscribe to an ELNO to lodge the transfer?

No – If a party to the instrument is an individual, who is not a subscriber and is not represented by a lawyer (being an ‘unrepresented individual’), this is an exemption where the instrument does not need to be lodged using eConveyancing and may be lodged in paper form. You may like to refer to the ‘General exclusions’ section of the Titles Queensland website’s eConveyancing page for further details.

• I have engaged a lawyer for the sale of my property, but the buyer is not represented and is not a subscriber to an ELNO. Does the transfer still need to be lodged using eConveyancing?

No – If a party to the instrument is an individual, who is not a subscriber and is not represented by a lawyer (being an ‘unrepresented individual’), this is an exemption where the instrument does not need to be lodged using eConveyancing and may be lodged in paper form. You may like to refer to the ‘General exclusions’ section of the Titles Queensland website’s eConveyancing page for further details.

• My lawyer lodged an instrument using eConveyancing and the money has been exchanged – the initially lodged instrument was rejected (or withdrawn), and I now need to re-lodge the instrument. Do I still need to lodge the instrument using eConveyancing?

No – If the instrument has been rejected or withdrawn from lodgement and an ‘associated financial transaction’ (such as the exchange of purchase price or loan funds) has already been completed, then the re-lodged instrument does not need to be lodged using eConveyancing, and can be lodged in paper form, however you will need to complete and deposit an Exemption Request Form (refer to Exemptions to the mandate / Exemption Request Form (ERF) FAQs above).

• Can I fill out the instrument in paper form, and email a scanned PDF copy (electronically) to Titles Queensland?

No – Lodging an instrument ‘electronically’ refers to lodgement through an Electronic Lodgment Network. There are currently two Electronic Lodgment Network Operators, PEXA and Sympli. It is only where an exemption applies (refer to Exemptions to the mandate / Exemption Request Form (ERF) FAQs above) that the instrument does not need to be electronically lodged (i.e. lodged using eConveyancing). An emailed instrument will not be acceptable as an ‘electronic’ lodgement.

• Does the Titles Queensland eLodgement Service count as an Electronic Lodgment Network?

No – Titles Queensland eLodgement service is not an ‘Electronic Lodgment Network’ for the purposes of the Land Title Regulation 2022 (Qld). The ‘Electronic Lodgment Network Operators’ (ELNOs) currently in operation are PEXA and Sympli which means that required instruments must be lodged through one of these ELNOs.

• Can I lodge a required instrument in paper form if the instrument can be lodged via an ELNO, but internet issues / platform login issues prevent me from accessing the ELNO platform?

Yes – If the instrument cannot be lodged using eConveyancing because of internet access issues for the whole of the day or the Electronic Lodgment Network is unavailable for use for the whole of the day, then the instrument does not need to be lodged using eConveyancing (see section 5 of the Land Title Regulation 2022 (Qld)). However, you will need to complete and deposit an Exemption Request Form when lodging in paper (refer to Exemptions to the mandate / Exemption Request Form (ERF) FAQs above).

• I have attempted to submit the instrument(s) via an ELNO, but the platform delivers an error message which prevents lodgement of the instruments. Can I lodge the instruments in paper form in this situation?

Yes – Where the Electronic Lodgment Network does not have the functionality to lodge or deposit the instruments, the instruments do not need to be lodged using eConveyancing. However, you will need to complete and deposit an Exemption Request Form when lodging in paper (refer to Exemptions to the mandate / Exemption Request Form (ERF) FAQs above). For a current list of functionality exemptions, refer to the Titles Queensland website and the website of the relevant ELNO.

• I am the registered owner of 3 lots on one title reference and I am selling 1 of the lots. Do I still need to electronically lodge the transfer instrument?

No – Electronic Lodgment Networks currently do not support the lodgement of a transfer of one lot on a multi-lot title. Such instruments do not need to be lodged using eConveyancing. However, you will need to complete and deposit an Exemption Request Form when lodging in paper (refer to Exemptions to the mandate / Exemption Request Form (ERF) FAQs above). You may refer to the Titles Queensland website or check your ELNO’s website for further details in this respect.

• I am a mortgagee that has exercised power of sale to sell a property to a third party. Does the transfer need to be electronically lodged?

No – Transfer of property by a third party (i.e. mortgagee exercising power of sale) is exempt as it is presently unable to be lodged via an Electronic Lodgment Network. However, you will need to complete and deposit an Exemption Request Form when lodging in paper (refer to Exemptions to the mandate / Exemption Request Form (ERF) FAQs above). You may refer to the Titles Queensland website for further details in this respect.

• I would like to lodge a caveat in my capacity as trustee of a trust. Does the caveat need to be lodged using eConveyancing?

No – While a caveat is a required instrument, ELNOs do not have the functionality to process certain caveat types, including where the caveator is a trustee, personal representative, Statutory/Trustee for sale or responsible entity, or the registered owner. These types of caveats do not need to be lodged using eConveyancing. However, you will need to complete and deposit an Exemption Request Form when lodging in paper (refer to Exemptions to the mandate / Exemption Request Form (ERF) FAQs above). Refer to the Titles Queensland website for a current list of available caveat types which must be lodged electronically, and those caveat types which do not need to be (cannot be) lodged electronically.

• Does eConveyancing increase the risk of fraud or data breaches?

Titles Queensland follows best practices in cyber security and continually monitors trends of concern across the digital landscape to ensure the security of the Land Register. Our systems are subject to stringent cyber security controls and risk management strategies, and are regularly enhanced to incorporate new technologies which help insulate the system from cyber threats and other risks. Titles Queensland therefore has rigorous safeguards in place to protect the Register against all types of fraud including cyber-attacks and data loss.

Regarding Electronic Lodgment Network Operators (ELNOs), you can refer to the website of each ELNO for details on the cyber security measures which the ELNO has in place. ELNOs are subject to rules that require them to meet stringent I.T. security standards and regularly obtain independent certifications to confirm they are meeting those standards.