CIB 410: Change in Mortgagee Consent Requirements from 7 August 2023

Adjustments to current Registration processes are required to facilitate the upcoming removal of Duplicate Titles implementation on 7 August 2023.

The current process of a mortgagee producing a Duplicate Title or providing written consent for the registration of specific subsequent transactions through a "Letter of Subsequent Lodgement" when no Duplicate Title has been issued, is being revised due to the removal of Duplicate Titles.

After careful consideration of existing practices in jurisdictions that have already eliminated Duplicate Titles, as well as feedback received from various financial institutions, the Registrar and Commissioner have decided to align with these jurisdictions.

Starting from 7 August 2023, it has been confirmed that Mortgagee consent will no longer be a mandatory registration requirement for the following land transactions:

·         Application by Survivor (Notice of Death of a joint proprietor)

·         Application by Personal Representative (Transmission by Executor/Administrator of deceased estate with evidence of Probate or letters of Administration)

·         Application to Amend Name of registered proprietor.

·         Transfer changing tenancy only (no change in registered proprietors or shareholding).

Registered Proprietors (or Personal Representatives) should consider engaging with their mortgagee where the above transactions are contemplated. From 7 August 2023, written mortgagee consent will not be required to be lodged at Landgate in support of the above transactions.

Mortgagee consents will still be required to be provided in support of Strata Scheme and Subdivisional applications and other land transactions where there is a legislative requirement for such consent.

Please note that current registration requirements continue to apply for all documents lodged until the changes take effect on 7 August 2023.

If you require further information or clarification, please email TLA.Amendments@landgate.wa.gov.au.