Property Law Act 1974 Property Law Regulation 2013 1 Short title This regulation may be cited as the Property Law Regulation 2013 . 2 Fees The fees payable under the Act are stated in schedule 1. 3 Prescribed mortgages—Act, s 85 (1) For section 85 of the Act, a mortgage is a prescribed mortgage if it is a mortgage over residential land and the mortgagor’s home is on the land. (2) For subsection (1)—

(a) it does not matter that a residence is also used for a business purpose if the residence is primarily used as the mortgagor’s home; and

(b) the residence does not stop being the mortgagor’s home only because the mortgagor stopped using the residence as the mortgagor’s home—

(i) when the default occurred; or

(ii) within 6 months before the default occurred.

(3) In this section— default means the default that gives rise to the power of sale mentioned in section 83 of the Act. home, of a mortgagor, means a residence that is occupied by the mortgagor as the mortgagor’s principal place of residence. residence means a building, or part of a building, that is—

(a) fixed to land; and

(b) designed, or approved by a local government, for human habitation by a single family unit; and

residential land means land, or the part of land, on which a residence is built, and includes the curtilage attributable to the residence if the curtilage is used for residential purposes. 4 Repeal The Property Law Regulation 2003, SL No. 183 is repealed. Schedule 1 Fees section 2 $ 1 Lodging in the land registry any of the following for registration under part 18, division 3 of the Act— (a) an agreement in writing, deed, conveyance or other instrument, other than a lease for less than 3 years, affecting an estate in land; (b) a will or devise affecting an estate in land; (c) another instrument, record or document 65.35 2 Copy of a document registered under part 18, division 3 of the Act that is— (a) an uncertified copy 32.15 (b) a certified copy 64.25

sub 2013 SL No. 122 s 3 sch; 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 82