Guide rewritten 10/11/2022
1. New Titles for Subdivisions
An application for a new title the subject of a single deposited plan must be made on an Application for new titles (subject to survey) form (s.166 of the TLA).
Refer also to Section 2 of SPP-17 Lodgement Procedures
All the documents necessary for the approval of a plan marked In order for Dealings must be lodged at the same time as the application.
Where the title/s the subject of the application are encumbered by a registered mortgage or charge, a letter of consent from the first mortgagee or annuitant will be required.
Surveyors are required to include in plans lodged for the purpose of subdivision any residue land comprised in an affected title as a separate (balance) lot or lots.
The signatures of all the proprietors must appear on the application. No witness is required for signatures on the application unless a change in the name or address of the registered proprietor(s) is shown or if the application is being executed under a registered power of attorney.
Conveyancers should consider the effect of the creation and registration of separate titles for a subdivision on any encumbrances that may be registered or recorded on the title for the original (pre-subdivision) lot. As a basic rule, any encumbrancer who may be disadvantaged by the creation of the new subdivision must consent to the application.
Examples where consent will be required are:
- A mortgagee in circumstances that the mortgage will, after creation of the subdivision, remain registered over part only of one or more of the new lots, resulting in the restriction of the ability to exercise a power of sale.
- A caveat lodged protecting an unregistered instrument, which will become unregisterable on the creation of the new subdivision.
A lease that will, after creation of the subdivision, remain registered over part only of one or more of the new lots where the sketch originally lodged to depict the area is unclear, it will be brought forward over all lots that appear to be affected. For the avoidance of doubt, the lessee (or solicitor acting for the lessee) should provide a letter clearly acknowledging the lot(s) their lease will be brought forward onto.
If the subdivision will breach the terms of a restrictive covenant, then the covenant must be modified or discharged.
2. Multiple Ownership Subdivisions
Plans involving multiple ownership of a new lot(s) created on the plan must have all the documents (i.e. partial transfers and consents) necessary for the approval of the plan.
These must be lodged at the same time as the application to approve the plan. New titles will be created in accordance with the single application (Application for New Titles (Subject to Survey) form) signed by all the affected owners. To facilitate the creation of the new titles in the right proprietorship, the application must specifically state which proprietor receives what lot (see LTRPM Form Examples - Example 8).
In the case of a plan of subdivision that involves multiple owners resulting in the transfer of part of the land in one title (e.g. Lot 10 on Plan 3130) owned by proprietor A to incorporate land owned by proprietor B in another title to form one of the new lots (e.g. Lot 2) on the plan, the land description in the partial transfer will read as follows:
All that part of Lot 10 on Plan 3130 as is now comprised in Lot 2 on Plan (insert new plan number) and being part of the land in title Volume 616 Folio 61.
For more information on describing the land description for a partial transfer see DOC-01 Document Preparation (PDF & eForms)
2.1. Common Ownership Titles
Where the survey is subject to two or more titles in the same ownership, the tenancy must be consistent across all titles before the Application can be completed. If one title is held jointly and the other as tenants in common the Application must be preceded by a Transfer changing the tenancy. Refer to TFR-01 Transfer - Common Scenarios.
This is similar to where the share ratio differs over the titles, a transfer would be required.
2.2. Balance Titles
Where part of the land in a title is removed, either by transfer or application, that title is partially cancelled (s.71A of the TLA). To obtain a title for the balance of the land the proprietor is required to apply (using a General Application form or PDF A6) for a balance title once a Deposited Plan created by a practising licensed surveyor has been lodged at Landgate.
3. Separate Titles
The proprietor of two or more complete lots (which also includes the whole of any part-lot as defined in s.147(1) P&D Act) in a title may apply (using an Application for New Titles (Subject to Survey) form) for the creation and registration of separate titles for each of the lots or part-lots without the consent of the WAPC.
3.1. What is meant by a Part-Lot
Essentially, a part-lot as defined in s.147(1) P&D Act is a particular part of a former whole lot which remains and is shown on a plan or diagram of subdivision after that former whole lot has in some way been divided or reduced in size. It will normally (but will not necessarily) be specifically identified as a Pt-lot in any relevant certificate of title. Some common examples of what constitutes a part-lot for the purposes of s.147(1) P&D Act are as follows:
- Part-lots that come into existence as a result of small resumptions, road-widenings and creation of new roads. In these cases, there has previously been a whole lot, created on a plan or diagram approved by the WAPC, which has lost part of its area.
- Part-lots that arise when a new subdivisional plan or diagram was overlaid on an existing plan or diagram. When new titles are created and registered for the lots on the overlaid plan or diagram, one or more part-lots may be left in a title (this practice is no longer allowed).
- Part-lots that were created in the past when, prior to the introduction of planning laws as we now know them, owners of whole lots on a title sold a whole lot, coupled with one or more parts of whole lots. In these cases, the whole of the land transferred was described by a sketch on the relevant transfer.
- The original whole lots still existed, but they were divided into parts and those parts were contained in different titles. As those parts of lots are defined by being shown by a red marking in their original plan or diagram, they are also part-lots within the definition.
Where the existing certificate of title contains:
- an undefined portion of land;
- a portion of a part-lot as defined under s.147(1) P&D Act; or
- a part-lot that is not considered to be a part-lot under s.147(1) P&D Act;
then the consent of the WAPC will be required to be endorsed on the application before a separate title for the undefined portion or part-lot may be created and registered.
If separate titles are issued for the whole lots and/or part-lots in a title and only one undefined portion remains as the balance of the land in the title, the proprietor may lodge an application for a balance title without the necessity of obtaining the consent of the WAPC.
4. Consolidate or Separate Multi-Lot/Share Title
Certificates of title may contain multiple lots. These titles are referred to as Multi-Lot titles and the ‘banner’ ‘This is a Multi-Lot Title’ will display before the Land Description on a digital title.
In the past, registered proprietors have requested individual titles for their share in a parcel of land. These titles are referred to as Share Titles and the ‘Banner ‘This is a Share Title’ will display before the Land Description. Historically, this occurred before the Strata Titles Act 1985 was created.
It is possible for a certificate of title to be both a multi-lot title and a share title.
4.1. Consolidate or Separate Multi-Lot Title
A registered proprietor may request a title that contains multiple lots (Multi-Lot) to be split into separate certificates of title for each lot or they may request lots be consolidated into one certificate of title. The proprietor should use the Create Consolidated or Separate Multi-lot Title(s) eForm.
Registration fees are payable for each title being requested.
Not all multi-lot titles can be separated. In some cases, there are several multi-lot titles that were created without a Licensed Surveyor and the appropriate WA Planning Approval. These titles are referred to as ‘Sketch on Transfer’ titles. These titles generally only have two lots in the title and can be identified by the presence of a Registrar’s Packet and the following note in the statement section of the title:
THIS TITLE WAS CREATED BY SKETCH ON TRANSFER SUBDIVISION PROCESS AND IT CONTAINS PART LAND DESCRIPTIONS. SEPARATE TITLES CANNOT ISSUE FOR THE WITHIN LOTS WITHOUT SUBDIVISION APPROVAL FROM THE WESTERN AUSTRALIAN PLANNING COMMISSION. SEE SUNDRY DOCUMENT K651844
Where the registered proprietor seeks to separate a Sketch on Transfer title, they will need to engage a licensed surveyor to prepare/lodge a subdivisional survey approved by WA Planning Commission.
Where a single lot (or similar) is transferred to A and a lot remains from a multi-lot title in the name of B, the Transfer of Land will create the separate titles. The registration fees of the Transfer are the only fees payable in this case. The status of the balance title will remain unchanged, being a separate application would be required to change the status to issue or non-issue.
Where all the lots in a multi-lot title is transferred to A, A can request separate titles to issue for each lot. In this case the appropriate registration fees for the Transfer are payable in addition to a standard lodgement fee for every new title being created. Alternatively, A can lodge an Create Consolidated or Separate Multi-Lot Title(s) eForm after the Transfer.
4.2. Consolidate or Split Share Title
A registered proprietor(s) who holds a ‘Share’ title may request the titles be consolidated back into a single certificate of title or they may request the creation of share title. The request to create share titles should be carefully considered. The proprietor should use the Create Consolidated or Separate Share Title(s) eForm.
Where a new proprietor acquires ‘All’ of the share titles for the same lot in a single Transfer, the new proprietor can request the consolidation of the share titles in the Transfer of Land with no additional cost. Where the share titles are acquired at different times or over different Transfers the proprietor will need to lodge a Create Consolidated or Separate Share Title(s) eForm.
5. Reversion to Crown Allotments
Once a Crown allotment has been superseded by the lodgement and registration of a new plan, it is not possible to revert back to the former Crown allotment.
6. Also see