How to Notarise a Lease Agreement in Australia

A lease between an Australian landlord and an Australian tenant does not need a notary. Residential tenancy agreements are governed by state and territory law and signed without one. A notary becomes relevant when a lease crosses a border: as proof of address overseas, when you sign a lease for property abroad, or when a company leases premises overseas.

Key takeaways

• For a lease used only in Australia, you do not need a notary. Registration and execution rules are set by state law and handled by a solicitor or conveyancer.
• A foreign bank or authority wanting proof of address usually wants a notarised copy, and often accepts other proof just as readily.
• An electronically signed lease has no paper original to sight. A landlord's signed letter or your sworn declaration often works better.
• For a lease of property overseas, the receiving authority or landlord there decides whether an Australian notary's certificate is acceptable.
• A notary witnesses signatures and certifies copies. The notary does not check the lease terms or make it binding.

Does an Australian lease ever need a notary?

Not for use in Australia. Residential tenancy agreements follow state and territory tenancy law, and each jurisdiction sets its own forms and rules. Neither landlord nor tenant needs a notary to sign one. A witness is not always needed either; check the rules in your state.

Commercial leases, especially long ones registered on the land title, can carry formal execution and registration requirements. Those are set by state law and vary. A solicitor or conveyancer handles them, not a notary. If you are unsure whether your lease must be registered, ask a solicitor in the state where the land is.

A notary becomes relevant when a lease has to be relied on, or signed, across a border. There are three common situations.

How do you use an Australian lease as proof overseas?

A foreign authority or institution sometimes wants proof of where you live or where your business operates. Common examples:

• a foreign consulate, bank or tax authority wanting proof of your Australian address;
• a foreign parent company, registry or tender body wanting proof that an Australian business has premises;
• a foreign authority assessing your residence for a visa, citizenship or pension.

What they usually ask for is a notarised copy of the lease. Before arranging one, ask what they are really trying to establish. Many are asking for proof of address. They may take a utility bill or bank statement as readily as a lease, and those can be simpler to certify. See bank statements for overseas use.

What if the lease was signed electronically?

Many leases are now signed through an online platform. That leaves no wet-ink original for a notary to sight. A notary certifying a printout can say only that it is a copy of the printout. Most recipients will not value that. See originals and copies.

Workable alternatives are:

• a signed letter from the landlord or managing agent confirming the tenancy, its address and dates. That is an original, and the notary can certify a copy of it;
• a declaration by you, stating your address and tenancy, sworn or affirmed before the notary, with a copy of the lease attached as an exhibit;
• the original lease itself, if a paper lease was signed.

Ask the recipient which it will accept. A declaration is your own statement. The notary confirms you made it under oath or affirmation, not that its contents are true. A Commonwealth statutory declaration is designed for Australian use. For overseas use, a declaration made before a notary is usually the safer form.

How do you sign a lease for property overseas?

This comes up in two directions:

• as a tenant, when you are relocating and a landlord abroad wants the lease signed before you arrive;
• as a landlord, when you own property overseas and are letting it.

The foreign landlord, agent or registry may want your signature notarised. In some countries, leases are customarily signed before a local notary. Some long leases must be registered. Whether an Australian notary's certificate is acceptable for that is decided there. Ask before booking.

If you let property abroad regularly, it is often simpler to appoint a local agent or relative under a power of attorney. That can be cheaper than notarising every lease. Our page on powers of attorney that cross borders covers that route, and powers of attorney and legal declarations covers the notarial side.

What about a company leasing premises overseas?

An Australian company taking a lease abroad, for an office, warehouse or site, usually finds the landlord wants two things. It wants the signatures notarised. And it wants evidence that the signatories can bind the company.

Bring the company's records: a current ASIC extract, the constitution if relevant, and a board resolution authorising the lease if the landlord asks. The notary needs original photo identification for each signatory. Some landlords want the notary to certify the signatory's authority in the certificate itself. Tell the notary in advance if so. See notarising for a company and board resolutions for overseas use.

How is a lease notarised?

For a signature, the steps are:

1. Get the final lease from the other party, unsigned, with every page.
2. Read it, and get a translation if it is in a language you do not read.
3. Bring original photo identification, ideally a passport, and any execution instructions.
4. Sign before the notary, who checks your identity and understanding and witnesses your signature.
5. Receive the notarial certificate, attached to the lease, then send it for the DFAT step if asked.

For a certified copy, bring the original signed lease or the landlord's signed letter. The notary sights it, certifies the copy, binds the certificate to it and records the act in the notarial register.

A notary must be satisfied you understand what you are signing and may decline if you cannot. See notarising a foreign-language document. Our document notarisation page explains what a notary does.

Does it then need an apostille or legalisation?

Only DFAT issues apostilles in Australia. A notary cannot. An apostille confirms the notary's signature and seal, not the lease's contents.

• If the destination is a party to the Hague Apostille Convention, DFAT apostilles the notarial certificate. Membership changes, so check the HCCH status table on the day.
• If it is not, DFAT authenticates the document. It then goes to that country's embassy or consulate in Australia for legalisation.

Not every foreign landlord or bank wants an apostille. Ask before paying for one. The recipient also decides whose translation it accepts. See apostille and authentication.

What drives the cost?

Notarial fees are not set by statute, and they vary between practitioners. The main drivers are how many notarial acts you need, how long the lease is, and whether a company's authority must be checked. A long lease with every page initialled takes longer than a one-page letter. DFAT and embassy fees are separate and charged per document. Ask for a quote once you know exactly what the recipient wants.

When should you see a solicitor?

Before signing, get legal advice if:

• the lease is long-term or commercial, in Australia or abroad;
• it concerns land overseas, where a lawyer in that country should review it, since the notary witnesses the signature and does not check the terms;
• a lease in Australia may need to be registered on the title. Whether it does, and how it must be executed, depends on the state or territory.

Can a Justice of the Peace do it instead?

For Australian purposes, a JP may witness documents where the law allows. For use overseas, no. A JP certification is not recognised abroad, and DFAT cannot apostille it. If the lease or letter is going overseas, you need a notary.

Which lease situation needs what?

The same lease can need nothing at all or three separate steps, depending on where it is going. The table sets out the usual answer for each situation. Treat it as a starting point, and confirm with the recipient before you book.

Situation	Usually needed	Notary?
Residential lease used in Australia	Signed under state rules	No
Registered commercial lease in Australia	Execution and registration via a solicitor	No
Proof of address for a foreign body	Certified copy of a lease or letter	Yes, plus DFAT if asked
Electronic lease as proof overseas	Landlord's letter or sworn declaration	Yes
Lease of property abroad	Notarised signature, if the landlord asks	Yes, if accepted there
Company leasing premises abroad	Signatures plus authority evidence	Yes

Where the answer is "yes", the notary's certificate is often only the first link. DFAT adds an apostille or authentication, and for some countries the embassy legalises. Each of those steps is per document, so combine what you can into one document.

Here is an illustration, not a real case

A family in Hobart applies for a long-stay visa in Portugal and is asked for proof of Australian address. Their lease was signed on a tenancy platform, so there is no paper original. The managing agent writes a signed letter confirming the tenancy. A notary certifies a copy of the letter, and DFAT apostilles it. The consulate accepts it as proof of address.

In short

An Australian lease used in Australia needs no notary. For overseas use, ask what the recipient really wants. An electronic lease is best proved with a landlord's letter or a sworn declaration. For property abroad, the local law decides what execution it accepts. The notary witnesses and certifies; a solicitor advises on the terms.

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Need a lease ready for overseas use? Send us what the recipient asked for, and we will explain each step before you book.