Real Property Transfer Forms
A Real Property Transfer Form RP-5217, RP-5217-NYC, or RP-5217-PDF (pilot project) is required for all real property transfers where a deed is filed. A filing fee is also required.
The state and counties, and agencies and officers thereof are exempt from the filing fee pursuant to sub-section 8017 of Civil Practice Law and Rules.
|Filing Fee change effective 6/1/2009. See chart below.
The 2009-10 Enacted State Budget includes an increase in filing fees for the RP-5217 Property Transfer Report (see Real Property Law 333(3), as amended by L.2009, c56, Pt. JJ, approved 4/7/2009). For residential and farm property, the fee is increasing from $75 to $125. The fee for all other property is increasing from $165 to $250. The new fees apply to deeds submitted for recording on or after June 1, 2009. The county where the filing is made retains $9 of the fee paid.
The process for transmitting forms and funds to the State Office of Real Property Services (ORPS) will remain unchanged.
The filing fee is structured differently for qualifying residential or farm property versus all other property.
Qualifying residential property must satisfy at least one of the following conditions:
- The property classification code assigned to the property on the latest final assessment roll, as reported on the transfer report form (item 18), indicates that the property is a one, two or three family home or a rural residence. These codes will be three digit numbers in the 200s or item 7 indicates that the property is one-, two- or three- family residential property
- The transfer report form (item 7) indicates that the property is one, two or three family residential property that has been newly constructed on vacant land (item 9). This property will have a property classification code (item 18) in the 300s, or
- The transfer report form indicates that the property is a residential condominium. This property will have an ownership code of C or D after the property classification code in item 18 or item 8 indicates a condominium.
Qualifying farm property is property for which the property classification code on the latest final assessment roll, as reported on the transfer report form item 18, is in the agricultural category. This property will have a code in the 100s, or item 7 indicates agricultural property.
The chart that follows summarizes the fees:
|RP-5217 Filing Fees|
|If the following box on the RP-5217 is checked:
7A, 7B, 7E, or
both 7G and 8
|Fee is $125|
|If the property classification code (Item 18) is:
100 through 199; or
200 through 299; or
411-C, 411-D, 412-C, 412-D
|All other property types||Fee is $250|
1. If multiple parcels are being transferred on one deed, the primary use, at time of sale, should be identified in Item 7 and 18 of the RP-5217 and the appropriate fee would apply based on information above.
2. If either Item 7A, 7B or 18 indicates it is residential, as described above, then the fee is $125.
3. If either Item 7E or Item 18 indicates farm/agricultural, as described above, then the fee is $125.
Real Property Transfers NOT Requiring a Real Property Transfer Form
Some types of transfers do NOT require the filing of a real property transfer form:
- Purchase of individual cemetery plots
- Co-op transfers
- Sales of Mineral Rights
Other circumstances that do NOT require the filing of a transfer form:
- Lease Agreements
- Will Preparation
- License Agreements
- Mortgage Refinancing
- Tax Sale Certificates or option-to-buy