SUB-02 Application for New Titles
Version 6 - 15/04/2021
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). Applicants must ensure that the plan is In order for Dealings before attempting to lodge their documents.
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. All the relevant duplicate certificates of title (if any) must be produced with the application or arrangements made for their production by the person holding them prior to presentation of the application. Where no duplicate certificate of title has been issued and the title is encumbered by a registered mortgage or charge, a letter of consent to subsequent lodgement from the first mortgagee or annuitant will be required. Please see COT-02 Duplicate Title.
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.
1[Guide updated on 23/08/2018 to insert 'deposited']
2[Guide updated on 23/08/2018 to remove 'approved or' from 'approved or In order for Dealings']
3[Guide updated on 23/08/2018 to insert 'or if the application is being executed under a registered power of attorney']
4[Guide updated on 26/06/2019 to amend 'Act 21(1) of TP&D Act' to 'S.147(1) P&D Act']
2 Multiple Ownership Subdivisions
In the case of multiple ownership subdivisions, the repealing of Regulation 44 of the Licensed Surveyors (TLA) Regulations 1961 has allowed for plans to show land in multiple ownership.
Plans involving multiple ownership of a new lot 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 register 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).
1In 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 DOC-01 Document Preparation (PDF & eForms)
1Paragraph added 25/03/2021
Note: Once a plan has been approved by the WAPC after 9 April 2006, s.146 of the P&D Act allows for the lodgement of the application within 2 years, otherwise the Registrar of Titles is not permitted to create and register the new titles created on the plan:
If an application for new titles is not lodged within the above-mentioned time period, the legal status of the relevant plan will be changed from In Order for Dealings to Expired. In this circumstance the Registrar of Titles is prohibited from creating and registering new titles for the lots shown on the plan.
2.1 Common Ownership Titles2
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 is the share ratio differs over the titles, a transfer would be required.
2Section added 25/03/2021
2.2 Balance Titles
Where part of the land in a title is removed, either by transfer or application, that title is partially cancelled and the duplicate certificate is retained by Landgate (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 drafted by a Surveyor has been lodged at Landgate. This plan is to be prepared at the proprietor’s expense. The practice rules, as to attestation set out in paragraph 1 above, apply.
Note: Part lots cannot exist in the Register. It is therefore necessary for surveyors to include in new subdivisional plans all land within the relevant titles and allocate lot numbers to all new parcels including PAW’s. Any residue land (balance) must be given a lot number.
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. The existing duplicate certificate of title (if any) must be produced.
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 Split Multi-Lot/Share Title5
Certificate of titles may contain multiple lots (more than one). 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 proprietor 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. In these scenarios the above banners are present on the title.
4.1 Consolidate or Split Multi-Lot Title
A registered proprietor may request a title that contains multiple lots (Multi-Lot) to be split into separate certificate of titles for each lot or they may request lots be consolidated into one certificate of title. The proprietor should use the Consolidate 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 a number of multi-lot title that were created without a Licensed Surveyor and the appropriate WA Planning Approval. These titles are referred to as ‘Sketch on Transfer’ titles. These title generally only have 2 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. Until such time requests for separate titles will not be approved.
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 is the only fee payable in this scenario. 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 scenario 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 Application to Consolidate or Split a Multi-Lot Title 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 Consolidate 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 Consolidate or Split a Share Title eForm.
5Section added 15/05/2021
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.