As a general guide, all property sales and purchases conveyancing transactions due to settle on or after 20 February 2023 are now required to use eConveyancing.

There are some exemptions and a small window for paper transactions dated before the mandate commencement date, but for a normal residential property sale where the sellers and buyers are represented by a solicior, you can expect it to settle via eConveyancing.

From 20 February 2023:

The following instruments or documents that must be lodged via eConveyancing are:

• an instrument of transfer for a lot (Form 1)
• an instrument of mortgage for a lot (National Mortgage Form)
• an instrument releasing a mortgage of a lot (Form 3)
• a caveat for a lot (Form 11)
• a request to withdraw a caveat lodged over a lot (Form 14)
• a priority notice for a lot (PNN)
• a request to extend a priority notice over a lot (PNE)
• a request to withdraw a priority notice over a lot (PNW)
• an application to be registered as a personal representative for a registered owner of a lot who has died

Some instruments are exempted where:

• the eConveyancing network (ELN) does not have the functionality to prepare, lodge or deposit the required instrument
• circumstances beyond the control of the subscriber (law firm/lender) prevent the instrument from being lodged or deposited electronically (for example, due to internet outages or unavailability of the network)
• the instrument cannot be accepted or processed by the system used in the land registry because the system does not have the functionality to accept or process instruments or other documents lodged or deposited using an ELN
• where the instrument is required to be prepared, lodged or deposited with another instrument or document which is not an Electronic Conveyancing Document one or more of the parties are self-represented (i.e. without a solicitor to handle their conveyance)
• where an instrument or document has been executed by at least one party prior to the date mandatory eConveyancing takes effect.

If exempted, paper documents may be lodged instead. If a property transaction has been executed by a party before the mandatory commencement date, the transaction can still be paper lodged.

At Settlers, we've been settling via eConveyancing for a while now, so we'll take care of all of this for you and you enjoy a seemless and stress-free conveyancing process.