NSW Property and Title Transfer: Everything You Need to Know

Engaging in a property transaction is one of the most impactful and significant financial decisions in a person’s life. Understanding the process of NSW property and title transfer is critical to ensuring everything runs smoothly and legally.

Whether a first-time buyer, a seasoned investor, or simply transferring ownership for other reasons, it is important to know what the process involves, the legal obligations, and the potential pitfalls. 

What is a Property Title?

NSW transmission application process

A property title is an official legal document that confirms and establishes ownership of a specific parcel of land or real estate. Moreover, all land titles in NSW are registered under the Torrens Title system, overseen by NSW Land Registry Services (NSW LRS). This system provides a single, definitive record of land ownership and interests, such as mortgages, easements, or covenants. When someone “transfers a title,” they are legally changing the ownership of that property in the register. 

Electronic Conveyancing (eConveyancing)

NSW has embraced eConveyancing, which means all property transactions must now be lodged electronically. This streamlines the process, reduces paperwork, and increases transparency. PEXA is the main platform used in NSW. Lawyers, conveyancers, and financial institutions are all connected through it, allowing for seamless transactions, from signing to settlement. 

Why Property and Title Transfers Happen

NSW property and title transfers can occur in various scenarios: 

  • Buying or selling property 
  • Gifting property to a family member 
  • Transferring ownership due to a divorce or separation 
  • Estate planning or inheritance after someone passes away
  • Business restructuring like transferring property between company entities 

Each of these cases require slightly different documentation and may trigger different legal and tax implications. 

Step-by-Step Guide to Title Transfer in NSW

Below is an overview of the standard process involved in NSW property and title transfer: 

1. Legal Advice and Documentation
nsw property and title transfer

Although it is legally permissible to complete a property transfer without engaging a solicitor, obtaining professional legal advice is strongly recommended to ensure compliance and protect your interests. A conveyancer or solicitor will help prepare and review the necessary documents and ensure compliance with NSW laws. An electronic transfer requires: 

  • Stamp duty verification by Revenue NSW before lodgment 
  • Accomplishment of Notice of Sale through the ELNO (Electronic Lodgment Network Operator) 
2. Stamp Duty Assessment

Transfer duty (formerly known as stamp duty) is a tax that must be paid when acquiring certain types of property or land in NSW. Transfer duty is payable when purchasing: 

  • Residential property, including primary residence or holiday home 
  • Investment properties 
  • Vacant land or farmland 
  • Commercial or industrial properties 
  • A business that includes land as part of the sale 

Additionally, transfer duty applies when acquiring land or an interest in land without a traditional purchase, such as through: 

  • A declaration of trust 
  • A gift of property 
  • A change in beneficial ownership, for example, transferring ownership to another person 

In some circumstances, concessions or exemptions from transfer duty may be available. These typically apply when: 

  • When property is inherited by a beneficiary from a deceased estate   
  • Property is transferred between spouses or de facto partners 

For further information or to verify eligibility for concessions or exemptions, it is recommended to consult a legal or conveyancing professional. Failure to pay transfer duty on time may result in penalties and interest charges. 

3. Preparation of Transfer Documentation
a couple looking at some legal documents in preparation for their home purchase in NSW

The Transfer Form (01T) must be accurately completed, stating the parties involved and details of the property. Both the transferor (seller or existing owner) and transferee (new owner) must sign the form, and their signatures must be witnessed. This form is then lodged electronically via PEXA (Property Exchange Australia) or by an authorised legal representative. 

Costs Involved in NSW Property Title Transfer

Understanding the costs is crucial. Typical expenses include: 

  • Stamp Duty: This varies depending on the purchase price and buyer eligibility for concessions 
  • Legal/Conveyancing Fees: Ranges from $800 to $2,000+ 
  • Lodgment Fees: As at 2025, NSW LRS charges around $160 for lodging a transfer 
  • PEXA Fees: Transaction fees apply (typically between $120–$150 per transaction) 

Some of these may be paid by the buyer, others by the seller, depending on the agreement. 

4. Lodgment with NSW LRS

Once all documents are prepared and any stamp duty is paid, the transfer is lodged with NSW Land Registry Services (LRS). This is usually handled by your solicitor or conveyancer using an electronic conveyancing platform. Upon completion of the transfer, the property title is formally updated to reflect the new owner’s name 

5. Tax and Legal Implications to Keep in Mind

Ensure compliance to avoid costly penalties: 

  • Capital Gains Tax (CGT): If transferring property for reasons other than selling to a third party such as gifting or divorce, Capital Gains Tax (CGT) may apply.  
  • Family Law and Deceased Estates: Transfers due to divorce or inheritance have special rules. For example, in a divorce, property transfers may be part of a court order or financial settlement and may be exempt from stamp duty. In an estate, the executor must transfer property to beneficiaries. This also may attract exemptions or require probate before proceeding. 
  • Incomplete or Incorrect Documentation: Errors in transfer forms or missing documents can delay settlement. Double-check all forms and consult a professional to review everything before lodgment. 
  • Unpaid Stamp Duty: Revenue NSW will not allow registration until stamp duty is paid. Pay it promptly and retain proof. 
  • Undisclosed Interests: Mortgages, caveats, or easements not disclosed can complicate transfers. A title search will reveal any interests beforehand. 
Experience Seamless NSW Property and Title Transfer with VC Lawyers
nsw property and title transfer

NSW property and title transfer is a legally binding process that involves multiple steps, from legal documentation to stamp duty and lodgment with the Land Registry. While it is possible to manage it yourself, choose to engage professionals to ensure everything is handled correctly. 

Whether you are buying a new home, gifting property to a family member, or managing an estate, understanding the title transfer process in NSW gives you confidence and clarity. At VC Lawyers, we believe that the legal process should be straightforward, stress-free, and fully transparent. Our experienced team guides you through each step, ensuring compliance with all legal requirements and protecting your interests at every stage. 

Let VC Lawyers handle your NSW property and title transfer with professionalism, efficiency, and care. 

NB: This blog post is neither a legal advice nor intended to be such, and is only for general information. The same should not also be taken as a financial or commercial advice. The reader must personally consult their professional adviser/s on the contents of this blog post. VC Lawyers is not liable for any loss or damage, direct or consequential, as a result of the reader’s or a third person’s misconstruction of the wordings or use/misuse of the contents of this blog post.

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