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
(c)
used for residential purposes.
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The Property Law Regulation 2003, SL No. 183 is repealed.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
67.60
2
Copy of a document registered under part 18, division 3 of the Act that is—
(a)
an uncertified copy
33.30
(b)
a certified copy
66.50
sch 1 sub 2013 SL No. 122 s 3 sch; 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 82; 2016 SL No. 85 s 84