Authority Update - VIC - Land Use Victoria digital transition timeline

Land Use Victoria is moving
After more than 15 years at 570 Bourke Street, Land Use Victoria is moving to 2 Lonsdale Street. The move is scheduled to occur in August but more information will be provided in future editions

New forms
Land Use Victoria (LUV) have published new versions of approved forms containing new options for signing.

The forms are found at www.propertyandlandtitles.vic.gov.au/forms-guides-and-fees.

All forms are in PDF format and can be partially completed, saved locally and finalised later. You must have the latest version of Adobe Reader installed on your computer to access the forms.

LUV is also working with the major forms package providers, who intend to provide the new forms templates to their customers. 

As per the transition period detailed below, forms that have been previously approved (i.e. do not contain certifications) can continue to be used during the transition period. 

All variations to form templates after 26 May 2017 must include certifications and adhere to the standardised layout set out in the Registrar's requirements.

National Mortgage Form will be published in July 2017. Until then, customers can use the ARNECC National Mortgage Form available at www.arnecc.gov.au

Guides for new forms are currently underway and will be progressively published on the LUV website at www.propertyandlandtitles.vic.gov.au/forms-guides-and-fees

Client Authorisations and certifications came into effect on 26 May 2017. A Client Authorisation authorises a conveyancer or lawyer to act as their client's agent and sign paper conveyancing transactions on their client's behalf. 

Certifications must form part of an approved form and cannot be placed on annexure sheets.

Transition period there is a transition period from 26 May to 31 December 2017 for using Client Authorisations and certifications. During that time, transactions can be lodged in one of the following two ways:

  • using the new LUV forms (which contain certifications) supported by a Client Authorisation (if applicable
  • using forms approved by the Registrar prior to 26 May 2017 (which do not contain certifications)

From 1 January 2018, the following will apply:

  • LUV will accept forms that contain certifications supported by a Client Authorisation (if applicable)
    LUV will accept forms approved by the Registrar prior to 26 May 2017, when parties have signed on or before 31 December 2017. 

When parties have signed on or after 1 January 2018, LUV will not accept forms that do not contain certifications.

Transition to 100% digital lodgement
The following sets out the requirements and timelines for transitioning to 100% digital lodgement.

26th May 2017

  • National Mortgage Form implemented.
  • Client Authorisations required for paper conveyancing transactions.
  • Certifications required for paper conveyancing transactions, including mortgages under section 74(1A) of the Transfer of Land Act 1958.

Note: there is a transition period from 26 May to 31 December 2017 for implementation of the National Mortgage Form, Client Authorisations and Certifications.

1st August 2017

  • Commercial mortgages, refinance transactions (including commercial mortgages) to be lodged electronically when the mortgagee is an ADI (or mortgagees are ADIs). This requirement applies to ADIs, and conveyancers and lawyers acting for an ADI.

1st December 2017

  • Standalone caveats and withdrawals of caveat to be lodged electronically. This requirement applies to conveyancers and lawyers acting for a party or for themselves, and PEXA subscribers
  • Non-ADI standalone discharges of mortgage, standalone mortgages and refinance transactions are to be lodged electronically. This requirement applies to conveyancers and lawyers acting for a non-ADI and non-ADIs who are PEXA subscribers.

1st January 2018

  • Transition period ends for the national mortgage form, Client Authorisations and Certifications.

1st March 2018

  • All survivorship applications and standalone transfers must be lodged electronically (these will become available in PEXA in November 2017). This requirement applies to conveyancers and lawyers acting for a party or themselves, and PEXA subscribers.

1st  October 2018

  • All combinations of transactions available in PEXA to be lodged electronically. For example, a case comprising a withdrawal of caveat, discharge of mortgage, transfer and mortgage. This requirement applies to conveyancers and lawyers acting for a party or themselves, and PEXA subscribers.

1st August 2019

  • All transactions to be lodged electronically. This requirement applies to conveyancers and lawyers acting for a party or themselves, and PEXA subscribers.
  • The exception will be when there is an existing paper instrument that has been signed prior to the date when electronic lodgement of that class of instrument or transaction is required

For more information including samples of the new forms please see CIB-166

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Disclaimer: The information herein has been prepared by SAI Global Property Division Pty Ltd ACN 089 586 872 from information released by the Authority cited on this page. It is provided as general background information only; it is not complete; and it does not comprehensively address this subject matter. Readers should not consider the information so provided as advice nor as a recommendation to take any particular course of action. Persons needing advice should consult their own solicitor, accountant or other professional adviser.