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603 Certificates after sale of land for unpaid rates

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  • November 2, 2023 at 1:35 pm #23287
    Steven Wakem
    Blocked

      Lachlan Shire

      Seeking assistance with a 603 Certificate after the sale of land for unpaid rates.
      The overdue amounts will be paid/written off do I need to add a special paragraph to cover this event.
      the standard 603 we have does not really cater for this situation

      November 7, 2023 at 12:26 pm #23312
      Ian Clayton
      Participant

        Mid-Western Regional

        Hi Steven,

        We do include a standard additional statement as follows :-
        This property has been sold by Council under the provisions of Chapter 17, Part 2, Division 5, Sections 713-726 of the Local Government Act 1993. Costs associated with the sale process are yet to be finalised and are not included in the above figures.

        We feel the quoted legislation will explain to the conveyancers what happens with the outstanding amounts, so don’t give any more detailed explanation on the certificate.

        Cheers
        Ian

        November 13, 2023 at 11:17 am #23341
        Darryl Telfer
        Participant

          Central Darling Shire

          This is what we have used in recent years:

          The subject property is sold for unpaid rates in accordance with the Local Government Act 1993 (NSW) Section 713.

          In accordance with the Local Government Act 1993 (NSW) Section 719, if the purchase money is insufficient to satisfy all rates, charges and other debts outstanding to the date of settlement, those rates, charges and other debts are taken to have been fully satisfied.

          The purchaser will be liable for payment of the annual rates and charges levied, calculated on a pro rata basis, from date of settlement.

          The rates and annual charges levied on the subject property for 2022-23 is $XXXX.XX.

          January 12, 2024 at 2:44 pm #23747
          Suzi Flynn
          Participant

            Sydney City

            Hi Steven,

            In addition to the comments above, you might want to note section 603(3)(d) that states that after the sale, any certificate is to include “the name of the person shown in the council’s records at the date of the certificate as the owner of the land, if the person acquired the land under Division 5 of Part 2 of Chapter 17.”

            I’m not sure if you usually include the owner’s name or not, so thought I’d mention it.

            Suzi

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