Electronic conveyancing (or eConveyancing) is mandatory in Queensland from 20 February 2023. This means that certain instruments and other documents for property transactions will need to be digitally prepared, signed, settled and lodged using an Electronic Lodgement Network (ELN), by a subscriber, unless exempted. This includes transfers, mortgages, caveats (new, withdrawal), priority notices, and transmission by death.

Under the Electronic Conveyancing National Law (Queensland), the Registrar of Titles can determine the requirements for Electronic Lodgment Networks and their operators (operating requirements), and set rules for participation in the networks by subscribers such as legal practitioners and financial institutions (participation rules). In some circumstances, the Registrar can waive compliance with these requirements.

The two approved electronic lodgement network operators (ELNOs) that offer eConveyancing subscription services to financial institutions and legal practitioners, include Property Exchange Australia Ltd (PEXA), and Sympli Australia Pty Ltd (Sympli).

Mandatory eConveyancing will deliver a consistent service delivery experience for all the parties involved in property transactions in Queensland.

The eConveyancing mandate requires that some titles instruments, known as ‘required instruments’ must be lodged using eConveyancing, unless a valid exemption applies.

The Mandate, introduced by the Land Title Regulation 2022, applies to all industry professionals and corporate entities that are lodging a required instrument dealing with freehold land.

You can refer to the Titles Queensland website to know more about the required instruments, exemptions, and general exemptions.