In light of the commencement of amended Regulations to both the Deeds Registries Act and Sectional Titles Act early next month, the Office of the Chief Registrar recently released two circulars (‘CRC 3’ and ‘CRC 4’) to clarify the nature and impact of these amendments on conveyancing practice.
CRC 3 outlines the practical implications of the revised Regulations published under the Deeds Registries Act (‘DR Regulations’) on the preparation of deeds and documents.
Following confirmation that the Electronic Deeds Registration Systems Act (‘EDRS Act’) will be fully operational from 1st April 2025, CRC 3 details numerous technical amendments necessary to harmonise the DR Regulations with the nationwide implementation of an electronic deeds registration system. Specifically, CRC 3 clarifies that various provisions under the DR Regulations have been amended to limit their application to deeds and documents that have been lodged or registered manually. For example, Regulation 68(1), which deals with applications for lost or misplaced title deeds, will only apply to manually registered deeds.
Importantly, prescribed fees must be paid prior to the rendering of Deeds Registry services. For instance, the soon-to-be mandatory lodgement fee must be paid upon the lodgement of deeds and or documents.
The CRC emphasises that the DR Regulations have been expanded to provide for consents to be given in respect of all acts of registration affecting mortgage bond security. It is no longer limited to specific acts, i.e. the issuing of Certificates of Registered Title. Such consents must be lodged in separate lodgement covers.
Crucially, CRC 3 provides much-needed clarity on the lodgement of new Form LLL, which has been introduced for statistical and land audit purposes:
- From 5th April 2025, Form LLL must be completed and signed by a transferee or registered owner/holder in instances where there is no transfer of land.
- Alternatively, it may be completed and signed by a legal practitioner or statutory officer upon information received.
- Form LLL must be lodged with all deeds or documents in transactions concerning land, mortgage bond, and notarial bond registration.
- It must be stapled to the inside of the lodgement cover and returned to the legal practitioner or statutory officer after the relevant data is captured.
CRC 4, which clarifies the impact of amendments to the Regulations under the Sectional Titles Act (‘STA’), addresses, inter alia, the alignment of the Regulations with STA and the EDRS Act and the insertion of Form AU, a prescribed form for purposes of transferring land consisting of common property in instances of expropriation.
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