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Property Transaction Alert Service

The Property Transaction Alert Service offers a simple, cheap and easy way to keep track of activity on a land title or the progress of an unregistered plan.

For less than the cost of a title search you can simply sign-up as a subscriber to the Property Transaction Alert Service and you’ll receive an email alert of any activity on the title or unregistered plan you are interested in for three months.

Subscribers can track activity on the title from the signing of the contract of sale through to settlement; find out if a property of interest has been sold; and check the progress of a subdivision.

The Property Transaction Alert Service is not the same as a purchaser’s caveat but alerts you to any dealing activity on a title.

The low-cost Alert Service is already used by:

• solicitors and conveyancers to discover if a mortgage is registered against the title; if a caveat has been lodged or if there is a transfer dealing on the property they are interested in
• developers and others buying property off-the-plan who no longer have to make frequent phone calls to track progress on their subdivision — you can also obtain new title numbers
• individuals with an interest in a property

Choose the title or plan you want to monitor for three, six or 12 months.
To subscribe to a Property Transaction Alert Service:

• contact your LANDATA® title broker
• use your self-service search account at the Land Information Centre, Level 10, 570 Bourke Street, Melbourne, or
• log onto the Land Channel at www.land.vic.gov.au and select the ‘Titles, Property Certificates and Crown Land Status’ link. (title alert only)

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Changes to Lodgement Fees from 1 July 2007

In accordance with the Monetary Units Act 2004, Land Victoria fees expressed in number of fee units will increase from 1 July 2007.

The increases are applicable to fees contained in the:

• Transfer of Land (Fees) Regulations 2004
• Instruments (Fees) Regulations 2004
• Property Law (Fees) Regulations 2004

Land Victoria lodgement fees expressed in number of fee units in Regulations administered by other departments will also increase on 1 July 2007.

The new fees are determined by multiplying the number of fee units contained in the Regulations by the value of the fee unit being $11.02, and then rounded to the nearest 10 cents.

Lodgement fees expressed as dollar amounts (such as the Safe Custody Fee and Correspondence Fee) will not change.

New fee guides will be available early June.

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Note — Subdivision (Registrar’s Fees) Regulations 2004 are currently being reviewed as part of a Regulatory Impact Statement. The results will be publicised at the end of the review process in a separate Customer Information Bulletin.

Section 173 Planning and Environment Act Agreements

New guidelines for preparing Section 173 agreements have been introduced following extensive consultation with the Law Institute of Victoria.

The new guidelines replace those presented in the Title Registration Services Information Bulletin No. 90 (May 2005) in the title “Guidelines for the Preparation of Agreements under Section 173 of the Planning and Environment Act 1987.”

The changes were made when it became apparent that Land Victoria’s requirements in relation to these agreements, and the accompanying evidence under Section 181, were unclear.

Under the new guidelines, there are two basic requirements which must always be met:

1. Firstly, the agreement, including any plans and schedules, must be a legible, clear and durable copy printed on durable, high-quality paper.
2. Secondly, all documents must be drawn and sealed by Land Victoria on durable, high-quality paper.

An application will also be refused if there is a discrepancy between the title and the description of a lot or part of a subdivision already lodged (i.e. the title numbers do not align with the proposed agreement or subdivision) or if the lodgement is incomplete. A supporting statutory declaration and title search will be required.

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Additional Land Victoria guidelines for preparing agreements under Section 173 of the Planning and Environment Act 1987:

• Where Section 173 of the Planning and Environment Act 1987 applies to subdivision that includes the whole or part of the land (not just all lots on a plan of subdivision):
  1. Section 173 agreement relating to part of land, being a lot on a proposed plan of subdivision which is NOT lodged for registration in the Section 181 application:a. Where the plan of subdivision is not yet lodged with Land Victoria, the plan upon which the Section 173 agreement could be either annexed to or be part of the Section 173 agreement.b. The land covered by the Section 173 agreement must clearly identify the land that is the subject of the agreement and fully fit within the title(s) listed in the land panel shown in the agreement or in the PS number.c. The plan must not be labelled or tied to a PS number. The proposed PS number, along with the plan itself, is to be stated as shown in this example:vbnetCopy code*Example*: “Lots 1 to 5 on the plan marked ‘A’ attached to, if the plan is annexed to the agreement, and ‘to the agreement’ being attached to the Section 173 agreement and in Certificate of Title of volume 1234 folio 456.”
  2. Proposed plan of subdivision lodged for registration but unregistered when Section 181 application is lodged:a. Where the plan of subdivision is lodged with Land Victoria to support the Section 173 agreement but the subdivision is not yet registered, the Section 181 application cannot be tied to the Section 173 agreement or to the PS number.b. The agreement is to be in a form that clearly relates to the title or titles of the land and the agreement lodged is not to be tied to or labelled with the unregistered PS number.
  3. Proposed plan of subdivision already registered when Section 173 application is lodged for registration:a. This scenario applies where agreements have already been registered.
  4. The agreement is tied to the titles of the subdivision lots on the plan when all of the lots are identified in the Section 181 application for which the volume and folio numbers of titles are cited.
  Example wording:“Lots 1 to 5 on PS123456 being the land in certificates of title volume 1234 folio 457, volume 1234 folio 458, volume 1234 folio 459… in the agreement for the whole lots 1 to 5.”

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Suggested wording for Section 173 agreement to be lodged when land is subject to the agreement plan but is still unregistered:

• “The land marked as lot … on the Plan marked ‘A’ attached to the agreement and in the land in certificates of title volume … folio … (which shall be attached to the parent title prior to the approved plan).”