178: Jul 2018

New lodgment and search fees from 1 July 2018

From 1 July 2018, fees for lodging transactions at Land Use Victoria will change. Search fees will also change.

The value of a fee unit, as announced by the Treasurer, is $14.45.

Comprehensive fee listings and fee calculators will be published soon.

A summary of the most common fees for lodging transactions follows:

Transfer of Land Act 1958

Paper transactions

Fees for paper transactions from 1 July 2018 will be:

Discharge of mortgage                        $116.80
Transfer of land                                   $96.10 plus $2.34 per $1000 of consideration (up to a consideration of $1.5m)
Mortgage                                             $116.80
Caveat                                     $48.00
Transfer (non-monetary)                       $96.10
Withdrawal of caveat               $48.00
Transmission application                     $48.00
Survivorship application                      $48.00

Electronic transactions

Fees for electronic transactions from 1 July 2018 will be:

Discharge of mortgage                        $108.10
Transfer of land                                   $87.30 plus $2.34 per $1000 of consideration (up to a consideration of $1.5m)
Mortgage                                             $108.10
Caveat                                                 $39.20
Transfer (non-monetary)                       $87.30
Withdrawal of caveat               $39.20
Transmission application                     $39.20
Survivorship application                      $39.20
Priority notice                          $29.60
Withdrawal of priority notice    $29.60

Subdivision Act 1988

Plan of subdivision                   $605.20 plus $187.10 per parcel (a parcel is each lot, road, reserve or common property created by the plan)

Naming easements in plans

It is not acceptable to name easements shown on a plan under the Subdivision Act 1988. The plan should only identify the location of any easement and its purpose.

On registration, a plan becomes the diagram location for the land in the plan and is the authority for the status of any parcel or easement information. Introducing road names over easements shown on a plan may create ambiguity about the land’s status.

The Office of Geographic Names (OGN), led by the Registrar of Geographic Names, oversees the naming or renaming of roads, features and localities in Victoria, and maintains VICNAMES – the Register of Geographic Names.

The process to name an easement is through the Notification for Editing Service (NES), which is soon to be known as ‘VES’. If residents are unaffected then surveyors will work with the council to agree upon a name, seek council approval and then submit a NES change request to have the name gazetted and registered. The name would then be captured in VICNAMES and Vicmap. If residents are directly affected, council would need to consult residents prior to approving the name.

Plantation Licence Register

On 4 April 2018, data held in the Plantation Licence Register was migrated to the relevant Crown Folio held in the Victorian Online Titles System (VOTS).

The licences and all instruments affecting licences were given a unique number when registered in the Plantation Licence Register. All registered instruments have now been allocated a new seven-character number, commencing with the letter Y. This number will be on each relevant Crown Folio and endorsed on the folio in the same way instruments are endorsed on freehold folios.

The Y dealing number is searchable through LANDATA as a registered instrument number.

Only instruments that currently affect a Crown Folio have been migrated. Previously registered instruments are set out in the Crown Folio history report; again, reflecting the process for freehold folios.

Any new instrument received for registration will be assigned the next available dealing reference from VOTS. Instrument registration will not incur a fee. However, searches of any Crown Folio or registered instrument will attract fees, identical to those charged for freehold folios and instruments.

Registrar’s requirements for paper conveyancing transactions – transfers of land and survivorship applications

All customers are reminded that since 1 March 2018, transfers of land and survivorship applications must be lodged electronically. This requirement applies when a party is represented by a conveyancer or lawyer who signs the instrument on behalf of their client; or, the party is a conveyancer or lawyer, or Electronic Lodgment Network [ELN] Subscriber acting for themselves.

Under Registrar’s requirement 6.5, exceptions to lodging using an ELN include:

• a transfer lodged with any other instrument for the same folio(s), including a survivorship application
• a transfer that from 1 March 2018 is not available in an ELN, such as:

– transfers creating an easement

– transfers of an interest (e.g. a lease)

– transfers of part of land in a folio of the Register

– transfers that cannot be assessed for duty by the State Revenue Office Duties Online – details of the transaction types able to be processed in Duties Online are in the tables of transactions and combinations of transactions available on the SRO website at www.sro.vic.gov.au/duties-online-transaction-types

– transfers affecting more than 20 folios

• a survivorship application that is to be lodged with any other instrument, unless the other instrument must be lodged electronically – this includes most discharges of mortgage, mortgages and withdrawals of caveat. If the discharge of mortgage, mortgage or withdrawal of caveat is an instrument required to be lodged electronically, that instrument must be lodged using an ELN. The survivorship application would then also be lodged electronically. In other cases, by way of example, a survivorship application and a caveat may be lodged in paper, as would a survivorship application and a discharge when both are lodged with a transfer (e.g. following a settlement)
• a survivorship application that, from 1 March 2018, is not available in an ELN e.g. a survivorship application by an interest holder.

From 9 June 2018, a transfer by mortgagee under power of sale and transfer of a mortgage (or annuity charge) will be able to be lodged electronically.

Electronic instrument statements

When transmission and survivorships instruments are lodged through an ELN and recorded, Electronic Instrument Statements then show the names of these instruments, respectively, as Transmission Application and Notice of Death/Survivorship. However, all endorsements on a folio in the Register remain the same.

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Contact us

For location and contact details, go to www.propertyandlandtitles.vic.gov.au/contact-us.

Page last updated: 11/07/23