Property Law Act 1974Property Law Regulation 20131Short titleThis regulation may be cited as the Property Law Regulation 2013.2FeesThe fees payable under the Act are stated in schedule 1.3Prescribed 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the residence if the curtilage is used for residential purposes.4RepealThe Property Law Regulation 2003, SL No. 183 is repealed.Schedule 1Feessection 2$1Lodging in the land registry any of the following for registration under part 18, division 3 of the Act—(a)an agreement in writing,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 document69.952Copy of a document registered under part 18, division 3 of the Act that is—(a)an uncertified copy34.45(b)a certified copy68.85sch 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; 2017 SL No. 109 s 93