E-conveyancing for lawyers and banks

Electronic conveyancing (e-conveyancing) allows legal practitioners and financial institutions to interact and transact together online.

You can create, sign and lodge documents all in the online platform.

The ACT uses PEXA to deliver e-conveyancing services in the ACT.

You don’t have to use e-conveyancing. You can still use paper documents and in-person processes.

Self-representing parties

If you are self-representing in the lodgement process, you can’t use PEXA.

Under the Electronic Conveyancing National Law (ACT) Participation Rules 2021 legal practitioners and financial institutions can only participate if they meet an insurance threshold which would be unreasonable to expect of individuals.

You must lodge your documents with the ACT Land Titles Office in person.

Legal practitioners and financial institutions can register as an ACT PEXA member on the PEXA website.

If you already have a registration in another state, you still need to register as an ACT subscriber.

If you are an ACT PEXA member, your client can track the settlement process using the ‘PEXA Key’ platform.

PEXA Key is a smartphone app that lets buyers and sellers track the process and securely communicate bank details.

The 3 most common transactions are available for processing in PEXA. They are:

Discharge of Mortgage (removing the mortgage as an interest on a land title once a mortgage has been repaid)
Transfer (transferring ownership of a property)
Mortgage (creating a new mortgage document as an interest on a land title).

There are some property types that must be lodged in paper due to the following Crown Lease Restrictions on Title:

Any titles with the edition 0
Declaration of National Land: Current
Concessional Lease: Applies for Term of Lease
Concessional Lease: Current
Restriction on Transfer/Assignment: Applies for Term of Lease
Restriction on Transfer/Assignment: Applies Within Three Years of the Date of Grant
Restriction on Transfer/Assignment: Refer Crown Lease
Restriction on Transfer: Applies for Term of Lease
Restriction on Transfer: Created By T
Restriction on Transfer: Current
Restriction on Transfer: Refer Crown Lease
S.180 181 Land Act 1991: Current
S.180 Land Act 1991: Current
S.251 Planning and Development Act 2007: Applies for Term of Lease
S.298 Planning and Development Act 2007: Current
S. 20 Unit Titles Act 2001 - Subject to a Staged Development Approval: Current
S.163(6) Land Act 1991: Applies for Term of Lease
S.167(5) Land Act 1991: Applies for Term of Lease
S.167(5) Land Act 1991: Current
S.28DA City Area Leases Act 1936: Current

If any of the following applies, you also need to lodge in paper:

If there is any form of stopper notice (Caveat, Writ, Court Order, Statutory Charge or Charge) on the title.
The organisation type is ‘Registered Company in External Administration’.
The Transferor is a minor.
The lodgement is for a second mortgage which needs to be accompanied by Form 042.

Crown Lease expiry dates must not expire within one day of intended lodgement date.