From 10 February 2020 increased scope will be available for the electronic lodgement of land registry instruments. You will be able to lodge the following additional transactions electronically:
- Caveats that do not affect all the registered proprietors.
- Caveats or mortgages as to part of the land, such as one of the lots in a multi-lot title.
- Titles held in capacity, such as executor, administrator or trustee in bankruptcy (not including transfer documents).
- Discharge of mortgage or mortgage of a registered interest in land.
- Extended caveat claims.
From 1 March 2020, paper lodgement will not be accepted for the above scenarios unless the document(s) cannot be lodged using an Electronic Lodgement Network and a completed request to accept paper lodgement coversheet is attached. In-flight transactions will not be affected and documents in the above scenarios dated prior to 1 March 2020 will continue to be accepted for lodgement in paper.
New electronic document – Change of name
From 10 February 2020 subscribers representing a proprietor/interest holder can now prepare and lodge an electronic change of name document for the registered proprietor of land or registered interest holder of land. The requirements to obtain a properly completed and executed statutory declaration and evidence remain. The evidence does not need to be lodged with the document; it is to be retained by the Subscriber in accordance with the WA Participation Rules. The Subscriber is also required to make the appropriate certifications in accordance with the requirements under the WA Participation Rules.
For further information, please refer to the FAQ’s
Importance of the certification regime
Under the Electronic Conveyancing National Law, Subscribers are required to comply with the WA Participation Rules, which include the certification rules. Certifications provide representations by the Subscriber to the Registrar that the instrument lodged complies with legislation, the WA Participation Rules and any Prescribed Requirements. Compliance with the rules is key to ensuring the integrity of the electronic conveyancing system. It is crucial to ensure that all certifications are correct at lodgement and evidence is retained by the Subscriber to support the certifications made.
Request to accept paper lodgement
Industry’s use of the request to accept paper lodgement coversheet has been monitored and there have been instances of the incorrect reason selected or the incorrect party signing the coversheet. The coversheet was developed in consultation with industry and feedback indicated a strong desire for there to be no approval process prior to lodgement to use the coversheet. It is therefore incumbent on industry to ensure that the coversheet is only completed by the appropriate party requesting that the document(s) be accepted for lodgement in paper, and that the evidence to support the reason for the paper lodgement is retained by that party.
For more information please refer to the updated request to accept paper lodgement coversheet and FAQ’s
Jean Villani
Registrar of Titles
Landgate
