Electronic mortgages and other documents

Landgate continues to digitise property transaction processes through legislative reform that enables the creation and signing of land-related documents - such as mortgages and deeds - via electronic means.

Historically, these documents required physical signatures and witnessing, even when lodged electronically. The current reform focus aims to remove this reliance on paper, aligning Western Australia with other jurisdictions – such as New South Wales, Victoria, Queensland and South Australia - that have already legislated for the electronic creation and execution of mortgage documents.

By allowing documents to be created, signed, and executed electronically, the reform will further streamline WA’s property transactions and improve accessibility for consumers and industry - especially in regional areas.

Informed by consultation

Landgate’s first consultation paper on the reform proposal, released in June 2021, received strong support from industry stakeholders across finance, banking, legal services, conveyancing, and property development and from government agencies.

A second consultation paper was released in February 2023 to industry and public for their comment. This paper delved deeper into the reform’s specifics, identifying the legal provisions requiring amendments to facilitate electronic transactions. The proposals presented in this paper received support from the banking, legal and property sectors, and from software providers. 

The major themes received during consultation expressed:

• Support for deeds to be created and executed electronically.
• Acknowledgement that document witnessing may continue to be required for certain documents (such as statutory declarations) but could be removed for specific land registry documents that mandate certificate of identity requirements.
• Encouragement for safeguards being put in place to ensure vulnerable people can also benefit from electronic execution.

Delivering reform in two tranches

This reform will transform the way property transactions are conducted, delivering faster, more efficient transactions for both industry and consumers. 

Through extensive consultation with the Department of Justice, Landgate determined that the proposed amendments would be progressed in two tranches to ensure timely and effective implementation:

Reform tranche one - current state

Focuses on enabling the electronic creation and execution of a mortgagor’s counterpart for mortgages issued by Authorised Deposit-taking Institutions (ADIs) and lodged electronically with Landgate.  

This reform will enable:

• The electronic creation and electronic signing of the mortgagor’s counterpart.
• The option to fully digitise approximately 120,000 counterpart mortgage documents produced each year by ADI banks in WA. (Wet-signed mortgagor counterpart documents will still be available).
• More streamlined process for banks and lawyers when preparing and executing ADI mortgage-related documents.

The legislation supporting tranche one:

• The Property Law and Electronic Transactions Legislation Amendment (Electronic Mortgages) Bill 2025 was introduced into WA Parliament on 3 December 2025.
• The Bill proposes amendments to the Property Law Act 1969 and the Electronic Transactions Act 2011 to enable the electronic creation and signing of a mortgagor counterpart for an ADI mortgage lodged electronically with Landgate.

Landgate will continue to work with government and industry to deliver this reform in a way that effectively balances modernisation, security and accessibility.

Next steps: 

• Parliament to consider the Bill in early 2026.
• Supporting regulations to be developed, with timing to be confirmed.
• Updates on implementation timeframes and industry readiness to be provided as the legislation progresses.

To stay informed, please subscribe to our Customer Information Bulletins or revisit this page for reform updates.

Reform tranche two - future state

Will address the electronic creation and execution of a broader suite of real property related documents and transactions, which will require further consultation and more in-depth consideration of the legislation.