Authority Updates - Victoria - October 2016

Electronic Certificates of Titles

Many properties in Victoria are mortgaged and the Certificates of Title (CTs) are therefore held by first mortgagees. The four major banks (ANZ, CBA, NAB, Westpac and their brands) hold approximately two million CTs in Victoria. 

On 22 October 2016 Land Victoria will facilitate a bulk conversion of paper CTs (pCTs) of which the banks are the first mortgagee. 

Registrar of Titles will declare by notice in the Victoria Government Gazette that these CTs will be void and of no effect from 22 October 2016. From then on, all CTs held by the four major banks will be electronic CTs (eCTs) and the relevant bank will be recorded as the eCT Control - the party entitled to control the eCT.

Any transaction involving one of these major banks as first mortgagee to be lodged on or after 22 October will be supported by an eCT. After registration of the transactions at Land Victoria, when one of the major bank (listed above) is the incoming mortgagee, only an eCT will issue.

In other cases, after registration of a transaction a Certificate of Title can be issued in one of the following ways.

An eCT can issue:

  • from an electronic transaction to an eCT Control if a subscriber to an ELN* has chosen to retain the CT in electronic format
  • from a paper transaction when the party entitled to possession of the CT is a PEXA subscriber who provides their VOTS customer code, established for use in PEXA for issuing purposes.

A pCT can issue:

  • from an electronic transaction if the pCT option is selected in the lodgement instructions
  • from a paper transaction to which an eCT has been nominated if the lodging party provides their VOTS customer code, which has not been established for use in PEXA.

Customers should ensure they understand the implications of this change, including:

  • how to identify whether or not the CT is electronic
  • who is the eCT Control
  • how to ensure the correct nomination is in place.

At lodgement of a paper transaction supported by an eCT, Land Victoria will confirm that the CT is an eCT and a nomination has been recorded. The lodgement process can then continue unimpeded.

 

After the transaction is registered, the new CT will generally issue to the lodging party. Whether it is an eCT or a pCT will be determined by the lodging party's VOTS customer code. If the VOTS customer code provided has been established for use in an ELN, e.g. PEXA, the CT will issue as an eCT. If the VOTS customer code has not been established for use in an ELN, the CT will issue as a pCT.

 

The guides listed below provide more information on dealing with eCTs. They are available here and at www.delwp.vic.gov.au/property-forms

  • Certificate of Title management and electronic conveyancing
  • Certificates of Title and Administrative Notices
  • Attending paper settlement when Certificate of Title is electronic

Read more of Victoria Authority Updates

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.