Version 3 of the Registrar’s Requirements for Paper Conveyancing

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 will potentially occur in August but more information will be provided in future editions.

Registrar's requirements for paper conveyancing transactions 
The Registrar has determined Registrars Requirements Version 3  for Paper Conveyancing under the Transfer of Land Act 1958. 

Version 3 comes into operation on 27 May 2017.

The Registrar's Requirements for Paper Conveyancing have been amended to incorporate updates:

  • From version 4 of the model participation rules for electronic conveyancin
  • Reflecting some of the timelines for the transition to 100% digital lodgement - further details will be provided in the next Customer Information Bulletin.

Key Changes include;

  • Changes to Definitions and interpretation
  • VOI conditions for persons to whom a certificate of title are provided 
  • Mandating electronic lodgement of certain instruments that are signed on or after 1 December 2017 see clause 6, Electronic Instruments

Marked up version can be found at www.delwp.vic.gov.au/publications.

Operating requirements and participation rules for electronic conveyancing
The Registrar has determined version 4 of the Operating Requirements Version 4 for electronic conveyancing these will take effect on 27 May 2017.

The Registrar has determined version 4 of the Participation Rules Version 4 for electronic conveyancing these will take effect on 27 May 2017.

In determining the Operating Requirements and the Participation Rules, the Registrar has adopted the model operating requirements (MOR) and model participation rules (MPR) developed by the Australian Registrars' National Electronic Conveyancing Council (ARNECC).

Marked up Version can be found at  www.delwp.vic.gov.au/publications

SPEAR electronic lodgment network participation rules

Part of the SPEAR (Surveying and Planning through Electronic Applications and Referrals) system is an electronic lodgment network (ELN) for the purposes of the Electronic Conveyancing National Law (Victoria). It will be possible to lodge applications supported by a plan or a survey under both the Subdivision Act 1988 and the Transfer of Land Act 1958 using the SPEAR ELN. The Registrar of Titles operates the SPEAR ELN.

The Registrar has determined Version 1 of the SPEAR Electronic Lodgment Network Participation Rules Version 1 under the Electronic Conveyancing National Law (Victoria) these will take effect on 27 May 2017.

Further details will be provided in the next Customer Information Bulletin.

New process enables five-day subdivision registration 
Land Use Victoria is trialling a new system until the end of June to improve timeframes for registration of subdivisions of 10 or more lots

The enhanced process will have a target for registration of these plans of five business days from lodgement - provided there are no errors on the plans or any other documents required for registration of the case.

Lodgements that require re-certification or consent to an amendment by a council or any other amendment to the plan or associated documents not satisfied within 24 hours will lose their priority status and be subject to the standard registration timeframes. 

Plans of subdivision for over 10 lots make up 15 per cent of all applications. However, around 50 per cent of these lodgements are requisitioned due to errors. The onus is therefore on developers and consultants to ensure plans and all associated documents are correct if they want to receive priority attention. 

The performance target for registration of all other plans is 15 business days from lodgement.

Applications to record, vary or release a restrictive covenant
Section 88(1) of the Transfer of Land Act 1958 allows a person to apply to the Registrar of Titles for the recording of a creation, variation or release of a restrictive covenant. All applications under section 88(1) must be supported by a deed signed by the registered proprietors of the benefitted and burdened land. An application form alone is not enough to either create, vary or release a restrictive covenant.

Enforceability of restrictive covenants and restrictions recorded on a folio
Restrictive covenants are recorded under section 88(1) of the Transfer of Land Act 1958 or as restrictions on plans under the Subdivision Act 1988.

Under section 88(3) of the Transfer of Land Act 1958 the recording of a restrictive covenant does not give it any greater operation than it has under the common law, that is the instrument or Act creating it. Recording a restrictive covenant does not mean it will be enforceable. When examining a covenant, Land Use Victoria is solely concerned with whether it satisfies the minimum requirements for creating a restrictive covenant, as set out in Customer Information Bulletin No. 83 (October 2003). When a dispute arises concerning a covenant, it is for a court to determine the enforceability of the provisions. Customers are encouraged to consider the relevant legal principles when drafting a covenant and whether its provisions would be enforced by a court. 

Availability and use of new forms
The National Mortgage Form and all other instruments containing certifications will be made available before 26 May 2017. All forms will be published online at www.delwp.vic.gov.au/property-forms

For information regarding the development and status of new forms please email LUV.Forms@delwp.vic.gov.au

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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.