Authority Updates - Victoria - December 2016

Changes to Creating Restrictive Covenants in Transfers and Restrictions in Plans

Land Victoria has published a consultation paper on creating restrictive covenants in transfers and restrictions in plans.

Deliberated changes, will be included in the next version of the Registrar's requirements for paper conveyancing transactions and changes will take effect from 1 October 2017.

These will apply to transfers signed on or after 1 October 2017, and plans originally certified on or after 1 October 2017.

The Registrar of Titles (the Registrar) proposes to change the way in which restrictive covenants, and restrictions respectively are lodged for recording in a transfer of land, under the Transfer of Land Act 1958 (TLA), or a plan under the Subdivision Act 1988 (Subdivision Act)

In summary, the proposal is that:

  • For a transfer signed on or after 1 October 2017, apart from the operative words and the affected land, the provisions of any restrictive covenant must be in a MCP.  The approved form of transfer will include new fields to be completed in the panel relating to the creation of a restrictive covenant 
  • Any restriction to be included in a plan under the Subdivision Act originally certified on or after 1 October 2017 must contain a reference to a planning permit, or be in a MCP (recorded under the TLA), or be a short-form restriction.  The notation relating to the creation of restriction will include specified information to be completed on the plan sheets.

The consultation paper can be found here.

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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.