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Changes to the WA Transfer of Land Act

Changes to the WA Transfer of Land Act

Legislation passed WA Parliament on 16 June 2022 to support the continued modernisation of the state’s electronic land dealings, known as e-conveyancing.

More information is available in the Minister for Lands media statement.

The legislation - which is known as the Transfer of Land Amendment Act 2022 (TLAA) - makes three key changes to the Transfer of Land Act 1893.

All three of these changes came into effect on 7 August, 2023 and included:

  • Removal of Duplicate Certificates of Title (Duplicate Titles).
  • Enabling the issuing of statutory notices electronically.
  • Clarification of the definition of counterpart documents.

Read more in the Minister for Lands media statement 

What do these changes mean? 

Change One: The removal of duplicate (paper) certificates of title from WA’s titling system.

Where there was one issued before the change came into effect on 7 August, 2023, a Duplicate Title, was a paper version of the corresponding original Certificate of Title, with some differences and limitations. Read more in our Frequently Asked Questions and learn more with our handy Resources below.

Duplicate Titles had been a feature of the Titles Register since its inception in 1875 and have also been known as Title Deeds or Paper Titles.

Duplicate Titles have been removed by the TLAA which came into effect on 7 August 2023. Duplicate Titles have been removed from WA’s land titling system and  will no longer be created or issued. Any Duplicate Titles which are in existence will no longer have any legal effect. Anyone who has a Duplicate Title will not need to return it to Landgate, destroy it or have it rendered invalid.

The removal and abolition of Duplicate Titles is part of the ongoing advancements in electronic conveyancing within Western Australia and nationally, in consultation with the conveyancing, legal and financial services industries. The removal of Duplicate Titles clarifies and simplifies all conveyancing in a way that does not detract from the integrity and security of the WA land Register.

As Duplicate Titles have been optional since 1996, we have been transitioning to this point for a long time. Before Duplicate Titles were removed, which came into effect on 7 August 2023, there were already over 55 per cent of freehold titles which were paperless, with no Duplicate Title issued.

Many people may not be aware that a Duplicate Title had a number of limitations. For example, caveats, memorials, notifications and property (seizure and sale) orders have never appeared on a Duplicate Title, so it may not give a true indication of the encumbrances associated with a parcel of land. Parties need to search the original Certificate of Title for this information.

Removal of Duplicate Titles Information Webinar

Thank you to everyone who attended our webinar on Wednesday, 12 July 2023. 

If you were unable to attend the webinar, please find a recording below:


Please also find a copy of the questions and answers asked during the webinar below.


Removal of Duplicate Certificates of Title Webinar Questions and Answers. 


Learn more about what these changes will mean for you with our animated explainer video, animated explainer video transcript and factsheet as well as our Frequently Asked Questions below. We also encourage you to follow our Facebook and LinkedIn pages to keep up to date.

Resource Table
Animated explainer video (shown above)
Animated explainer video transcript
Removal of Duplicate Titles poster
Removal of Duplicate Certificates of Title recorded presentation with voice-over
Removal of Duplicate Certificates of Title recorded presentation with voice-over transcript
Landgate Facebook Page
Landgate LinkedIn Page

PEXA Industry Forum recording - 7 June 2023:

Landgate presented with PEXA on the Removal of Duplicate Titles in WA.

Please note the Landgate information webinar will be held on 12 July, 2023, not 4 July, 2023 as mentioned in the presentation.

Frequently asked questions

Find answers to your common questions about changes to WA’s Transfer of Land Act 1893 which relate to the abolition of duplicate (paper) titles.

Change Two:  Enable the electronic service of statutory notices.

This change in legislation allows for the formal service of notices from the Registrar of Titles and the Commissioner of Titles to be served electronically such as via email.  This replaces the former limitation on sending formal notices by post or fax. These options for the service of notices will continue to be available as they are currently until document lodging parties, caveators, registered proprietors and registered interest holders have the option and ability to provide an appropriate email address for service of notices for their address and once supporting regulations have been passed.

Change Three: Clarify the definition of counterpart documents.

This clarification will permit there to be small differences between the electronic and paper documents to account for the subtle and unavoidable differences in the paper and digital version of the same document (for example, physical signature versus digital signatures or where the paper digital documents are in different formats but still have the same provisions).

This provision will come into effect once there are corresponding regulations available.

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If you have feedback or questions which are not covered in the Frequently asked questions, please contact us at