This regulation may be cited as the Property Law Regulation 2013 .
The 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.
The Property Law Regulation 2003, SL No. 183 is repealed.
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