Are you looking to obtain your certificate of title in Victoria? In this guide we show you how to obtain either the original title (if settled your property before 3 August 2024 and is in paper form) or copy of your property title in Victoria.
How to obtain your original certificate of title in Victoria?
The Victorian titles office has announced that they are phasing out all paper titles. This means, if you buy a property from 3 August 2024 or bought one before this but it wasn't a paper title- you can no longer get a physical original paper title. Rather, titles will be fully electronic and be controlled electronically by either the titles office, your lender, or the solicitor that did your conveyancing for you. For you this means you can only order what's called a "title search" that shows what is recorded at the titles office and who controls the title.
You can order a title search here.
Below we've outlined how to obtain your title or a copy of your title if it is electronic in three common scenarios:
1. Cash purchase for properties bought before 3 August 2024
If you bought a property before 3 August 2024 with cash, typically your solicitor or conveyancer will invite you to come to their office to collect the original paper title. So if you bought a property with cash before 3 August 2024 and do not have your original title with you, your solicitor that did your property conveyance is most likely holding onto your title.
The first thing you should do is contact your solicitor or conveyancer to ask if they have it and then arrange a time to pick up your title. In alternate, they will let you know if you already collected it in the past.
Example paper certificate of Title in Victoria.
2. Paid off your loan/mortgage
If you've paid off your loan for the mortgage over your property, your bank will be holding onto eletronic control of your title until you ask for it. After 3 August 2024, you will no longer be able to request the bank to provide you a clear paper title, rather, you can elect for it to be held by the bank, titles office, or your solicitor.
The bank will charge you a fee to close your loan, discharge the mortgage, and change title control.
3. What if your title is only electronic and not paper?
If your property title is held by your bank, most likely there is no paper title, rather it is an electronic title. Sometimes solicitors and conveyancers also hold your title in electronic format and not paper - however our preference (and many other office's) is to get a paper title so the client can collect it.
If your title is electronic and you want to get control of it, after 3 August 2024 you will no longer be able to. Rather it will be controlled by the titles office, your lender, or your solicitor or conveyancer.
How to obtain a copy of a property title?
If you are just looking to get a copy of your original title or want to see who owns a particular property, you can order what's called a "title search" or "register search statement" from the Title Office.
This is an official search extract from the Title Office that shows who owns a particular property. You can order one yourself directly by making an account with Land Data - which is the Title Office's search service. It will cost you on average $20.00 to get a copy of a title search that shows property ownership. For new titles lodged after 3 August 2024, this will be the only way to see your ownership of the title and see who is controlling your title.
Example title search / register search statement.
I've lost my original paper title, what can I do?
If you have lost your original paper title you can order a replacement electronic title from the Title Office. This sometimes occurs and becomes an issue when you want to sell or mortgage your property, as you need the original title to do this.
There is an application that needs to be completed and fees to be paid to the Title Office in order to get a new Title. If you need assistance with this our office can assist with lost title applications, please contact our office to engage us and to provide a quote. Once application is completed, a new electronic title will be created.
Disclaimer: This guide relates to Victorian real estate law and should not be relied upon for legal advice rather it is general in nature. Please contact our office for a consultation to receive legal advice for your specific circumstance.