With effect on 7 August 2023, duplicate Certificates of Title (also known as Title Deeds or paper titles), will no longer be used in Western Australia, as the WA Government continues to support modernisation of electronic land dealings with eConveyancing.
In this alert, we outline the changes and what steps may need to be taken prior to 7 August 2023.
What is changing with Duplicate Titles in WA?
- Under the Transfer of Land Amendment Act 2022, Duplicate Titles will be rendered invalid from 7 August 2023 and will cease to be a legal document.
- Following the change, no Duplicate Titles will be created or issued, and they will not be required or able to be used to register dealings.
- Proof of ownership will occur by way of identity verification and establishing a Right to Deal on the title (usually by a settlement agent, lawyer or bank).
- The changes represent a continuation towards achieving full electronic conveyancing in Western Australia and nationally to promote greater efficiency and security.
What happens to current Duplicate Titles?
- Duplicate Titles do not need to be returned or destroyed.
- They may be retained as a historical keepsake if desired.
What action may be required in relation to Duplicate Titles prior to 7 August 2023?
- Anyone with an unregistered interest currently using a Duplicate Title to claim rights or security or a lien over land should make alternate arrangements to protect their interest before the changes come into effect, including to register their interest.
- Land transaction documents lodged with Landgate but unregistered at COB on Friday 4 August will not be able to create or issue Duplicate Titles.
- Duplicate Titles can be ordered and used if required for a land transaction or settlement occurring on or before COB on 4 August 2023.
How will these changes to the Transfer of Land Act 1893 affect PEXA?
- Section 182A(1)(b) of the Transfer of Land Act 1893 previously provided for the Commissioner or Registrar to determine the requirements for handling Duplicate Titles when documents are lodged electronically. These included requiring a person to obtain possession of any duplicate certificate of title and requiring a person to destroy or invalidate that duplicate certificate of title.
- Section 35 of the Transfer of Land Amendment Act 2022 deletes this section. Therefore, certain PEXA requirements in respect of Duplicate Titles will no longer apply.
Main legislative changes to the Transfer of Land Act
The main legislative changes to the Transfer of Land Act are:
- Removes all references to duplicate certificate of titles. In particular:
- Section 48B replaced with ‘No duplicate certificate of title to be issued’.
- All provisions relating solely to the facilitation of Duplicate Titles are deleted (i.e. sections 74B to 79).
- Section 86 is amended so the registration of a transfer does not require a Duplicate Title to be delivered up to the Registrar.
- Section 219(3) is deleted so that a person entitled under a Will may apply to be registered without needing to deliver up the Duplicate Title before being entered in the Register as the proprietor.
- Enables the issuing of statutory notices electronically through a staged implementation – this will occur for different notice types as regulations are passed and systems become available.
- Clarifies the definition of counterpart documents – this will commence when regulations dealing with counterparts are passed.
For related reading, please visit the Landgate website and view these resources:
- Changes to the WA Transfer of Land Act
- Media statement, WA Parliament passes law removing duplicate certificates of title
If you would like further information or legal advice, please contact our Commercial Property team.