The Settlement Process
will prepare your Survey/Strata or Deposited Plan (“Plan”) and lodge with relevant authorities for approval.
Approvals & lodgement of the Plan does not automatically create separate Certificates of Title (“Titles”) for each new lot.
To assist you to navigate the legal process of applying for new “Titles” you will need to appoint a Conveyancer.
To ensure your subdivision moves forward in a timely manner, while your surveyor is in the process of obtaining approvals, your conveyancer will prepare the Application for New Titles and other relevant documentation which will require signing by all registered proprietors of the property.
Depending on your individual circumstances, your Conveyancer will either lodge the application by way of “Lot Sync” or at the time that the “Plan” is marked “In Order for Dealings” at Landgate.
Lot Synchronisation (“Lot Sync”) is an initiative to reduce the processing time required to issue new “Titles”. This allows parallel processing and different timing points when auditing the “Plan” and examining documents.
Using “Lot Sync” to lodge the “Plan” ensures “Titles” will be issued as close as possible to WAPC endorsement of “Plan” or the “In Order for Dealings” date of the “Plan”.
Current practice requires the Application for New Titles and relevant documents to be lodged at Landgate by your Conveyancer within 10 business days from lodgement of the “Plan” by your surveyor.
Some banks will allow consent to be issued to enable your application to be lodged by way of “Lot Sync”, however, some banks require the “Plan” to be “In Order for Dealings” before they will begin the process of providing consent.
A “Plan” is marked “In Order for Dealings” at Landgate once the final approval has been obtained from the WAPC.
It is your Conveyancers role to consider the effect of the creation and registration of separate “Titles” for a subdivision on any encumbrances that may be registered on the original Certificate of Title (“Parent Title”). As a rule any encumbrancer who may be disadvantaged at the creation of new “Titles” must consent the application.
Examples of where consent would be required are:-
A mortgage in circumstances that the mortgage will remain registered upon creation of new “Titles”
A caveat lodged protecting an unregistered instrument
If the subdivision will breach the terms of an existing Restrictive Covenant then the covenant must be modified or withdrawn.
If your “Parent Title” has a mortgage registered, your Conveyancer will liaise with your bank to obtain consent as required by Landgate.
When you undertake a subdivision, your bank has to consent to it. At the time of entering into your mortgage contract with your bank, you provided the property as security. You cannot alter or change the security without consent of the bank.
The consent is to ensure that your bank is satisfied that the security after the subdivision is adequate, this relates to both the valuation of the property and the security type.
The process of obtaining consent will vary in time depending on which bank is involved and your mortgage requirements.
Upon receipt of instructions from your Conveyancer, your bank will issue necessary documentation for signing by you and request payment of their fees for providing required consent.
Once your bank is satisfied with your proposed subdivision and have received signed documents and payment of their fee, they will issue the consent letter to your conveyancer to be lodged with your application for new “Titles”.
Once your Conveyancer has all the necessary documentation they will lodge your application at Landgate.
Landgate turn around times for applications is approximately 15 business days.
Due to variability of applications for new Titles, estimated turn around times may not indicated current time frames.
Applications lodged by way of “Lot Sync” may take longer from the date of lodgement as Landgate will have to wait for the “Plan” to be endorsed by the WAPC.
Landgate fees involved with Application for Survey/Strata or Deposited Plan are as follows:-
Application for Deposited Plan $168.70 Plus an extra $6.10 per Lot (other than vesting Lot)
Application for Survey/Strata Plan $168.70 Plus an extra $6.10 per Lot (other than vesting Lot)
Certificate of Title Production Fee. Where an issued Title is held by Mortgagee and is required to be produced at Landgate
Certificate of Title Search Fee $25.30 per search (plus GST) Your conveyancer will be required to search the “Parent Title” plus “Plan”
Check Search Fee $12.65 (plus GST)
Once your application is processed, new “Titles” will be issued.
If a mortgage is registered on the “Titles” they will issued directly to your bank.
Your Conveyancer will provide you with a copy of all new “Titles” together with final copy of your “Plan”
You are now ready to proceed with your new “Titles” and future plans you have for each individual Lot.