Regal Legal

The New South Wales Government has introduced the Conveyancing (General) Regulation 2026, which commenced on 1 September 2026 and replaces the former Conveyancing (General) Regulation 2018.

The Regulation supports the operation of the Conveyancing Act 1919 (NSW) and deals with matters such as registered documents, survey plans, the witnessing of deeds, easements, covenants and land registry fees. The reform focuses on simplifying the regulatory framework, improving clarity and aligning administrative requirements with current conveyancing practice. It is not intended to fundamentally change the ordinary residential property transaction, although certain requirements around survey plan registration have been clarified.

Below, we explain the key changes under the conveyancing regulation 2026 and what they mean in practice for buyers, sellers, developers and conveyancing practitioners in NSW.

1. Overview of the NSW Conveyancing Regulation 2026

The conveyancing regulation 2026 replaces the 2018 Regulation while continuing to support the existing legislative framework for conveyancing in NSW. It addresses:

• The form and manner of documents registered in the General Register of Deeds and the Register of Plans
• The retention of documents relating to plans lodged under the Conveyancing Act 1919 (NSW)
• The persons authorised to witness the execution of deeds
• Prescribed authorities for easements and covenants
• Fees payable for certain land titling and registry services

The structure and presentation of the previous framework have been simplified. Some operational and procedural provisions have been removed where the requirements are already covered by other rules, approved forms or published guidelines. Conveyancing and property professionals should therefore read the Regulation together with the applicable Conveyancing Rules, Lodgment Rules and Registrar General’s Guidelines when preparing and lodging documents.

2. Key Change in the Conveyancing Regulation 2026: Certificate of Currency for Survey Plans

The most specific change concerns the Certificate of Currency required when a survey plan is lodged for registration as a deposited plan more than two years after the survey was completed. A Certificate of Currency is used by a surveyor to confirm that essential survey information remains current at the time of lodgment.

The 2026 Regulation clarifies the documentation required where changes have occurred since the original survey and the surveyor cannot confirm all the relevant matters.

What must the surveyor do?

For plans lodged on or after 1 September 2026, where the surveyor cannot reasonably confirm all the required matters, the surveyor must:

1. Update the survey plan to show all relevant changes.
2. Strike through the relevant statement or matter on the Certificate of Currency that cannot be confirmed.
3. Provide a written explanation identifying why the statement cannot reasonably be confirmed, and identifying the changes shown on the updated plan.

Why is this important?

This change is particularly relevant to subdivisions, the creation of new lots, boundary adjustments and development projects where registration of a deposited plan is required. Where a survey plan was prepared some time before lodgment, changes to the site or survey information may need to be addressed before registration can proceed. Surveyors, conveyancing practitioners and other relevant parties should coordinate early so the plan and supporting documents meet the requirements.

3. How Will the Changes Affect Property Buyers?

If you are buying an established residential property, the conveyancing regulation 2026 does not introduce an additional certificate, a new category of property search or a different standard settlement procedure. The usual process continues to apply:

• Reviewing the contract for sale and title documents
• Conducting appropriate property searches and due diligence
• Reviewing easements, restrictions and other interests affecting the property
• Managing exchange, finance and contractual conditions
• Preparing for settlement and registration of the transfer

Buyers of properties that depend on the registration of a new deposited plan may be indirectly affected. For example, if you are buying a newly created lot in a subdivision, you may need to allow time for survey plan registration requirements to be satisfied. If additional survey information or supporting documents are needed, registration may be delayed, which can affect the timing of your transaction.

If you are considering an off-the-plan purchase or a property involving subdivision, make sure your property lawyer reviews the status of the relevant plan and any contract provisions dealing with registration and settlement. If you are buying your first home, our First Home Buyer Eligibility Guide explains stamp duty concessions across NSW, QLD, VIC and the ACT.

4. How Will the Changes Affect Property Sellers?

For sellers of established residential properties, the conveyancing regulation 2026 does not introduce a new general disclosure obligation or a new standard selling procedure. Your existing contractual and statutory obligations continue to apply.

Sellers and developers involved in subdivisions, new developments or any transaction requiring registration of a deposited plan should ensure the survey documentation is prepared in line with the updated requirements. Where a plan is more than two years old at the time of lodgment, the surveyor may need to review and update it and provide the required written explanation. Depending on the contractual arrangements, this may affect the anticipated completion timetable.

5. Implications for Conveyancing and Property Professionals

The 2026 Regulation is primarily an administrative and structural update, but practitioners should make sure their procedures reflect the current framework. In particular:

• Review current requirements: refer to the 2026 Regulation, the applicable Conveyancing Rules and Lodgment Rules, and relevant Registrar General’s Guidelines when preparing documents for registration.
• Identify plan registration matters: determine whether a transaction depends on registration of a deposited plan, particularly in subdivision and development work.
• Check the age and status of survey plans: where a plan is more than two years old at lodgment, confirm the surveyor has addressed the Certificate of Currency requirements.
• Coordinate with surveyors: ensure any necessary plan updates and written explanations are completed before lodgment.
• Update internal precedents and checklists: reflect the new Regulation while maintaining the established workflow for ordinary residential conveyancing.

6. Does the New Conveyancing Regulation 2026 Change the Ordinary Process?

For most standard residential transactions in NSW, the buying and selling process remains substantially unchanged. The Regulation does not, by itself, introduce a new exchange procedure, change the standard settlement process or impose a universal additional certificate on residential buyers and sellers.

The practical impact is greater for transactions involving survey plans and land registration. It is also worth distinguishing this Regulation from other regulatory and administrative updates introduced in NSW during 2026: requirements relating to electronic conveyancing, digital forms and other land registration procedures may arise under separate instruments or rules.

Conclusion

The NSW conveyancing regulation 2026 is an update to the framework supporting conveyancing in NSW. For most buyers and sellers of established homes, it is unlikely to change the way your transaction runs. The principal practical change, as highlighted by the NSW Government, is the clarified Certificate of Currency requirement for older survey plans lodged as deposited plans, which is particularly relevant to subdivisions, new developments and the creation of new lots.