The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Land Titles Registration policy and procedure guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.
1. Overview
Landgate has had a long standing policy where customers may directly, or through their representatives, request the urgent processing of a range of services provided by Landgate including:
- Registration of documents changing details or adding interests or notifications to land titles
- Auditing of new surveys for deposited plans, strata and survey-strata plans
- Processing of applications for the issue of new titles for deposited plans, strata and survey-strata plans
The term representatives, as used above refers to a duly appointed lawyer or licensed settlement agent acting on behalf of their client in a land transaction. 3
3 Paragraph inserted 04/07/2023
There are strict evidential standards that must be met before any request for urgency can be considered, the process and evidential standards are as follows:
- All requests for urgent processing must be made in writing, however they can be sent to Landgate by email or fax.
- Requests must be addressed to the Registrar of Titles.
- Whilst requests may be provided by a representative of a proprietor or other interested party, the person who is directly seeking urgent processing must provide a signed letter requesting urgent processing, explaining the reason for the request.
- An emailed or fax submission must provide an attachment letter signed by the person/s requiring urgent processing. An emailed or fax request that does not attach a signed letter of request cannot be considered.
- An email request forwarded by a representative, wherein they are forwarding an email request from the person seeking urgent processing will not be considered without a signed letter of explanation being provided as an attachment.
- Requests must fully explain the reason/s why urgent processing is required and provide evidence to support the reason for the request:the written consent of all parties having a direct interest in the new survey or document is provided with the letter of request with evidence to clearly demonstrate that:
- a person who has a direct involvement with the new survey plan or document will experience financial hardship if the new survey plan or document/s are processed in line with Landgate’s usual processing times or:
- where contracts, such as offer and acceptances specify a definitive settlement date.
Where a request for urgency is accepted and approved this does not guarantee registration, it simply escalates the document or plan to an Officer for examination, in priority of other transactions. The Document or Plan will be subject to standard examination and Stopped if found to be erroneous or defective. Also See LOD-07 Stopped Documents.1
Where complex documents are referred to the Commissioner of Titles and Landgate’s In-house legal team for legal assessment and instruction, the document(s) will be considered based on priority with other urgent matters.2
1Paragraph updated 25/10/2022
2Paragraph inserted 25/10/2022
Note: Verbal requests cannot be considered.
2. Financial Hardship
- Requests must be supported by evidence of the hardship. Evidence may include copy/s of letters from financial institutions (set out on a letterhead of the financial institution).
- Evidence can also be provided by providing an originally signed statutory declaration from the person making the request.
- A photocopy or facsimile copy of a statutory declaration will be accepted with the request to expedite the processing of plans and documents but the original signed declaration must be forwarded to Landgate within 2 working days. The statutory declaration made must clearly set out the details of the financial hardship.
3. Contract or Definitive Settlement Date
- Requests require a certified copy of the contract or offer and acceptance which clearly states the date of settlement. A certified copy of the contract or offer and acceptance (for the purpose of urgent processing only) can be a copy that is certified by a person eligible to witness statutory declarations in Western Australia.
- The certified offer and acceptance contract can also be supported by the inclusion a copy of the application to register the new surveys (Form Application for a New/Balance Title or Application for new titles (subject to survey or Application to Register Strata Titles Scheme).
- Where the conditions of the offer and acceptance include a settlement date that is a number of days after finance approval, a copy of the finance approval letter is also required to verify and confirm the settlement date.
All enquiries relating to urgent processing of surveys and documents may be directed to Customer Service on +61 (0)8 9273 7373 to organize callbacks from the Registration Services team. Alternatively, written requests may be forwarded by email to dealings@landgate.wa.gov.au or, when expediting a document pertaining to the creation and registration of new titles,4 please forward written requests to newtitles@landgate.wa.gov.au .
4 Paragraph updated 01/02/2024