As advised in CIB 392 on 22 November 2022, Duplicate Certificates of Title (Duplicate Titles) will no longer be used from August 2023.
On 7 August 2023, Duplicate Titles will be removed from the land conveyancing process in Western Australia.
This is part of the changes made by the Transfer of Land Amendment Act 2022 and aligns WA with ongoing advancements in electronic conveyancing around Australia.
Please note that current registration requirements continue to apply for all documents lodged until the changes take effect.
From 7 August 2023, anyone who has a Duplicate Title will not need to take any action.
Duplicate Titles that existed before the removal date are rendered invalid and:
* do not need to be returned to Landgate,
* do not need to be destroyed or
* do not need to be rendered invalid.
Landowners and others can retain Duplicate Titles as a historical keepsake if they wish to.
Anyone who is using a Duplicate Title to claim rights or security or lien over land and is without a registered interest or claim for interest shown on the Certificate of Title should make appropriate other arrangements.
Please note there is no change to the way Registered Proprietors, registered encumbrances and other interests in land are recorded and searched on Certificates of Title in the land titles Register.
Land transaction documents which have been lodged with Landgate, but which remain unregistered by close of business on Friday 4 August, will not be able to create or issue Duplicate Titles.
Due to Duplicate Titles no longer having any legal effect on and after Monday 7 August 2023, we suggest you consider not lodging Applications to replace lost Duplicate Titles or Applications to issue Duplicate Titles leading up to August unless one is required for a land transaction or settlement taking place on or before 4 August 2023.
Landgate is planning to hold a webinar in July to provide information on the changes as well as an opportunity for your questions to be answered. More information will be communicated through our Customer Information Bulletins and on the Landgate website.
Industry groups with an upcoming event who would like us to present on the changes can email us at TLA.Amendments@landgate.wa.gov.au.
We encourage you to follow our Facebook and LinkedIn pages for timely information about this change.
We also refer you to CIB 397 on 23 February 2023 which outlined resources available to explain changes to Duplicate Titles.
Regards,
Bruce Roberts Susan Dukes
Registrar of Titles Commissioner of Titles
