Authority update VIC: Update to the registrar requirements

Standalone Transfers of land and Survivorship applications

This requirement applies when a party is represented by a conveyancer or lawyer who signs the instrument on behalf of their client; or, the party is a conveyancer or lawyer, or PEXA subscriber acting for themselves.

Creating restrictive covenants in transfers and restrictions in plans

New requirement for creating restrictive covenants in transfers and restrictions in plans are as follows:

  • Transfers for which any contract is signed on or after 1 July 2018, or when there is no contract of sale, the transfer is signed on or after 1 July 2018 - the details of any restrictive covenants to be created in the transfer must be contained in one or more Memorandum of Common Provisions recorded under the Transfer of Land Act 1958 (MCP) and referred to in the transfer by the MCP number(s)
  • Plans first signed by the licensed surveyor on or after 1 July 2018 - the details of any restriction to be created in a plan must be:
    • contained in one or more MCP and referred to in the plan by the MCP number(s); or
    • a short-form restriction limited to a single sheet of a plan; and/or
    • by reference to a planning permit
  • any creation of restrictive covenant in a transfer or restriction in a plan must contain the wording, and comply with the requirements, set out in Schedule 6 of the Registrar's requirements, reproduced below.

For Transfers under the TLA and Plans please refer to the wording to be used on the CIB 175

Bulk conversion of paper Certificates of Title to electronic Certificates of Title

On 23 February 2018, Land Use Victoria (LUV) facilitated the next bulk conversion of paper Certificates of Title (pCTs) to electronic Certificates of Titles (eCTs), when any of the following banks are recorded as the first mortgagee:

  • Bank of Queensland
  • Community CPS Australia Ltd
  • Credit Union Australia Ltd
  • Gateway Credit Union Ltd
  • Macquarie Bank Ltd
  • Suncorp-Metway Ltd.

Customers are reminded to check Register Search Statements (RSS) and Final Search Statements (FSS). If the Certificate of Title is an eCT:

  • the RSS will provide the name and VOTS (Victorian Online Title System) customer code of the party recorded as the eCT Control, and the details of any current administrative notices (such as a nomination)
  • the FSS will provide the name and VOTS customer code of the party recorded as the eCT Control. If any administrative notices (such as a nomination) have been lodged in the preceding 125 days, the details of the notice(s) will be shown.

Detailed information on the above can be found in CIB 160 and 172

New folio output for deceased estates will appear on folio searches and Certificates of Title on which any transmission application is processed from 3 February 2018

A change has been made to the folio endorsement that results from processing a transmission application related to a deceased estate,

Previously, no distinction was made between executors and administrators - all applicants were endorsed as Legal Personal Representative(s). Now, the actual representative capacity, either executor or administrator, is shown.
Any pre-existing endorsements in the Register will be unchanged.

For more info or previous customer information bulletins visit Land Use Victoria website here

Read more Authority Updates - Victoria  

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.