Register Power of Attorney Land Services SA

Why Registration Matters for Property Dealings

Under section 156(3) of the Real Property Act 1886, an attorney cannot deal with Torrens title land in South Australia unless the original power of attorney has been deposited (registered) with Land Services SA. "Deal with" covers selling the property, transferring ownership, lodging a caveat, granting a mortgage, and executing a lease.

This isn't optional. Even if you hold a perfectly valid, properly witnessed Enduring Power of Attorney, a conveyancer or settlement agent will refuse to process a property transaction until they can confirm the EPA is on the Land Services SA register.

The Registration Fee

The current fee for depositing a power of attorney with Land Services SA is $204. This is a flat fee per donor — if a married couple each executes their own EPA, that's two separate deposits at $204 each.

Payment can be made by cash, EFTPOS, cheque, or money order when lodging in person. If you're using a solicitor or conveyancer to lodge on your behalf, they'll typically include the lodgement fee in their invoice.

How to Lodge

What You Need to Bring

1. The original Form P2 — Land Services SA requires the original signed and witnessed document, not a photocopy. They keep the original on file.
2. A copy of Form P2 — you need to provide a copy alongside the original.
3. The $204 lodgement fee

Where to Lodge

Land Services SA has a physical lodgement counter. You can also arrange lodgement through a solicitor or licensed conveyancer who will handle the paperwork and attend on your behalf.

The lodgement creates a permanent record on the Land Services SA register. Once deposited, anyone conducting a title search on the donor's property will see the registered EPA.

When Registration Isn't Required

If the donor doesn't own real property in South Australia — or if the attorney's role is limited to managing bank accounts, investments, and non-property financial matters — registration with Land Services SA is not legally required.

That said, many families choose to register regardless, for two practical reasons:

1. Verification — a registered EPA is easier for banks and institutions to verify. When a bank asks for proof that the EPA is valid and current, pointing to the Land Services SA record carries weight.
2. Future-proofing — if the donor acquires property later (or if you need to sell property urgently after a health crisis), the EPA is already registered and ready to use. Trying to register an EPA after the donor has lost capacity adds an extra layer of complexity and delay.

Revoking a Registered EPA

If the EPA is later revoked, the revocation (Form RP) must also be lodged with Land Services SA for a separate $204 fee. Until the revocation is lodged, the original EPA remains on the register and can be relied on by third parties who search the title.

The notification sequence matters: after signing the revocation, notify your former attorney in writing and inform all banks and institutions that were relying on the EPA; if the EPA was registered, lodge the revocation with Land Services SA as well. Skipping Land Services SA leaves the old record in place and exposes you to transactions made in good faith by a former attorney.

Interstate Property

A South Australian EPA registered with Land Services SA only covers property held in South Australia. If the donor owns property in another state — say, a holiday house in Victoria or an investment property in Queensland — the EPA may not be recognised by that state's land registry without additional steps.

Each state has its own requirements for recognising interstate powers of attorney. A South Australian EPA may not be sufficient on its own for property transactions in another state; the other state's registry may require local registration or other additional steps.

If the donor holds property across multiple states, the safest approach is to execute separate powers of attorney that comply with each state's legislation. This avoids delays and disputes at settlement.

Common Lodgement Mistakes

Bringing only a photocopy. Land Services SA requires the original document plus a copy. Arriving with just a photocopy means you'll need to come back.

Not bringing the copy. The original must be accompanied by a copy. Arriving with only the original may not meet the lodgement requirements.

Lodging an unsigned Schedule 2 acceptance. If the attorney hasn't yet signed the Schedule 2 acceptance section of Form P2, the EPA is incomplete. Land Services SA may accept the deposit, but the EPA cannot be acted on until the acceptance is signed — and by that point, if the donor has lost capacity, the acceptance window may have closed.

The South Australia Power of Attorney Kit includes a Land Services SA registration checklist covering every document and step, plus a pre-lodgement verification checklist to catch errors before you arrive at the counter.

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