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 tenancy law and are signed without one. Commercial leases, especially long ones that are registered on the land title, can carry formal execution and registration requirements, but those are set by state law and handled by a solicitor or conveyancer, not by a notary.

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

1. Using an Australian lease as evidence overseas

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

• 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; or
• a foreign authority assessing your residence for a visa, citizenship or pension.

What they usually want is a notarised copy of the lease.

The original may not exist in paper form. Many leases are now signed electronically, so there is no wet-ink original for a notary to sight. A notary certifying a printout can only say it is a copy of the printout, which most recipients will not value. Workable alternatives:

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

Ask the recipient which it will accept. Many are really asking for proof of address and take a utility bill or bank statement as readily as a lease.

2. Signing a lease for property overseas while you are in Australia

This comes up in two directions:

• as a tenant, when you are relocating and a landlord abroad wants the lease signed before you arrive; or
• 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, and 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 than to notarise every lease. Our page on powers of attorney that cross borders covers that route.

3. A company leasing premises overseas

An Australian company taking a lease abroad, for an office, warehouse or site, will usually find the landlord wants the signatures notarised and evidence that the signatories can bind the company. Bring company records and, if needed, a board resolution. See our page on notarising for a company.

When to 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; or
• 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.

How to have it notarised

For a signature: bring the lease unsigned, every page, with photo identification (ideally a passport) and any execution instructions from the other party. The notary checks your identity and understanding, witnesses your signature, and attaches a notarial certificate.

For a certified copy: bring the original signed lease or the signed letter. The notary sights it, certifies the copy, binds the certificate to it, and records the act.

A lease in a language you do not read needs a translation first, because the notary must be satisfied you understand what you are signing.

Getting it apostilled or legalised

Only DFAT issues apostilles in Australia; a notary cannot.

• 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 and 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.

What it costs

Notarial fees are not set by statute and vary between practitioners. As a market estimate only:

• certified copy of a lease or landlord's letter: roughly $80–$150
• witnessing a signature on a lease, or a declaration of address: roughly $90–$180
• company transactions with authority checks: usually quoted individually

A long lease with every page initialled takes longer. DFAT and embassy fees are separate and per document.

Frequently asked questions

Does notarising a lease make it binding? No. It proves who signed and when. Whether the lease is binding depends on its terms and the law that governs it.

My landlord signed electronically. Can I still get a notarised copy? A notary can certify only what they sight. Ask the agent for a signed confirmation letter instead, or swear a declaration of address with the lease attached.

Can a Justice of the Peace certify my lease for use overseas? No. JP certifications are not recognised abroad and cannot be apostilled.