Extension of Underlease (E3)
Form E3 is the South Australian Extension of Underlease, used to extend a registered underlease under section 153 of the Real Property Act 1886. The new term cannot absorb the whole headlease term.
Opens Land Services SA's page for this form.
DraftOur fillable copy of this form has not been through editorial review yet. Check it against Land Services SA's current form before you rely on it.
- Format
- Word (DOCX)
- Category
- Land titles form
- Form number
- E3
- Version
- v4dfc57a0
- Last verified
- 2 August 2026
Real Property Act 1886
For law practices: this form maps to the published matter-field vocabulary, so your practice management system fills it from your matter data - on your own machine. Practice management systems can fetch and assemble it through the document assembly API.
What E3 is for
Section 153(1) of the Real Property Act 1886 (SA) allows a lease to be renewed or extended by registering an instrument in the appropriate form, and section 153(2) requires an instrument extending a lease to be lodged no later than two months after the day the lease would otherwise expire. Land Services SA's guidance notes for Form E3 apply that two-month rule to underleases. Form E3, prefix EU, is to be used only for an extension of underlease. It extends the underlease on its existing terms and conditions, except for any variations set out in the form.
When you need it
- The underlessor (head tenant) and underlessee (subtenant) under a registered underlease have agreed to extend its term.
- The headlease has enough time left to cover the extended underlease term.
- You want to extend the underlease and vary some of its terms at the same time.
How to fill it in
- 1
Underlease being extended
Identify the underlease by its registered number, or if unregistered and lodged at the same time, as 'Underlease dated ... from A to B lodged contemporaneously herewith'.
- 2
Land description
Say whether the underlease is over the whole or part of the land in the certificate of title or Crown lease, identifying any part by plan.
- 3
Parties and consideration
Give the full name and current address of the underlessee and underlessor. Express any consideration in words and figures or insert 'valuable consideration', or strike through if not applicable.
- 4
Term
Insert a commencement date that runs on from the original term and an expiry date. The extended term must not absorb the whole term of the headlease.
- 5
Consents, variations and certification
List any consents and variations, or write 'Not Applicable'. Date the form and complete the certification panels for the underlessee and underlessor.
Filing, lodging and service
- Lodge within two months after the day on which the underlease would otherwise expire.
- Extensions of underlease executed on or after 8 April 2024 must be lodged electronically unless an exemption applies, for example the underlease has one day until expiry, expires on a weekend or public holiday or at a specified time, or is unregistered and lodged in series.
- Paper extensions are lodged at Land Services SA, Level 9, 101 Grenfell Street, Adelaide. A registration fee applies; check the current fees page.
Common mistakes
- Check the headlease expiry before preparing the E3. If the headlease also needs extending, Form E2 is the form for that.
- If the underlessor's or underlessee's name has changed, lodge an Application to Note Change/Correction of Name before the extension.
- Use Form E2 for a lease and Form E3 only for an underlease.
Frequently Asked Questions
How do I extend a sublease registered in South Australia?
A registered sublease (underlease) is extended by Form E3, lodged with Land Services SA, usually electronically. Lodge it within two months of the underlease's expiry, and make sure the new term does not use up the whole headlease term.
Can an underlease be extended beyond the headlease?
No. The guidance notes say the extended term of an underlease must not absorb the whole term of the headlease.
Checked against the official sources on 26 October 2026
- Real Property Act 1886 (SA) ss 153, 273
- Land Services SA - Form E3
- Land Services SA - Form E3 guidance notes
- Land Services SA - Form E2 guidance notes (term of an underlease)
- Land Services SA - Electronic conveyancing (mandated dealings and exemptions)
General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.
Field map
3 boxes on the Extension of Underlease (E3) fill from your matter.
- Our Firm
- Firm name
- Operator
- Operator signature (image)
More from Land Services SA
Application for Amalgamation of Allotments (RTA)
Form RTA is the South Australian application to amalgamate allotments under s 223LJ of the Real Property Act 1886. Owners of adjoining allotments use it to merge them onto one title.
Application for Amendment to Schedule of Lot Entitlements (AP2CP)
Form AP2CP is the South Australian application to amend a community plan's schedule of lot entitlements. It is made under s 21 or s 59 of the Community Titles Act 1996.
Application for Amendment to Schedule of Unit Entitlements (AP2SP)
Form AP2SP is the South Australian application to amend a strata plan's schedule of unit entitlements. It is made under s 12 or s 13 of the Strata Titles Act 1988.
Application for Extinguishment/Variation of Easement (VE)
Form VE is the South Australian application to extinguish or vary an easement under s 90B of the Real Property Act 1886. It removes, moves or extends an easement.
Application for New Certificate(s) of Title
Form RT is the South Australian application for new certificates of title under s 78 of the Real Property Act 1886. Owners use it to combine or split titles without a plan of division.
Application for the Deposit of a Plan of Division (RTU)
Form RTU is the South Australian Application for the Deposit of a Plan of Division, lodged with Land Services SA. It applies under Part 19AB of the Real Property Act 1886 when no transactions occur with the division.