The Transfer of Land Amendment Bill 2021 (Bill) has today passed through Parliament, marking a significant milestone to further streamline conveyancing in Western Australia.
The new legislation will improve and streamline conveyancing in WA, modernise and future proof Landgate’s operations, and allow for greater use of electronic communication to simplify land transactions.
These reforms are part of the Government’s priority to cut red tape, simplify and streamline processes, and has the potential to deliver time and cost savings for landowners and mortgage holders across the State.
The Bill amends three key areas of the Transfer of Land Act 1893, enacting legislative change to:
- Remove duplicate certificates of title from WA’s titling system;
- Enable the electronic service of notices to further modernise and future-proof the administration of the land registry; and
- Clarify the definition of counterpart documents, improving mortgage processing and enforceability.
Every certificate of title for land ownership in WA is registered and guaranteed by the State Government through its central, digital land title register.
A duplicate certificate of title is a paper version of this original, digital title.
Duplicate certificates of title only reflect what the original title looked like at the date and time the paper duplicate was issued. As certain interests in land have never been recorded on a duplicate certificate of title, they do not always reflect the same completeness of information the original does.
Duplicate titles have been optional in WA for over 25 years, and their use has declined to the point where 99 per cent of property transfers in 2021 involving a mortgage did not have a duplicate issued.
The removal of duplicate certificates of title is part of the State Government’s ongoing advancement of electronic conveyancing within WA, in consultation with conveyancing and financial services industries.
Landgate will engage with industry and stakeholders to assist them to prepare for the retirement of duplicate certificates of title, which will come into effect following that engagement.
Information about this legislative change is available at www.landgate.wa.gov.au
As stated by Lands Minister John Carey:
“These reforms are about cutting red tape and modernising our systems, so we can make life easier when people are purchasing or transferring land and property.
“Electronic conveyancing provides a safer way for property transactions to occur, with paper-based certificate of titles no longer compatible with our State’s increasingly digitised and government-secured land registration system.
“The laws won’t take effect immediately, and there will be a period of consultation with the sector about the changes, ensuring both industry and property owners have time to prepare.
“Industry and community members are encouraged to visit Landgate’s website if they are seeking more information about this change.”
