Find out everything you need to know about property and land ownership in Western Australia (WA)
Whether you’re buying or selling property, changing property ownership or just looking for general information, Landgate offers all relevant information about property and land ownership in WA.
Changing title details
If you’d like to add or remove a partner as a proprietor/owner of the property, you’ll need the following paperwork:
- Verification of identity (VOI).
- If you have a solicitor, discuss the verification of identity requirements with them and the next steps required. However, if you don’t have a solicitor you should visit the Landgate website for information about self-representation. If you are representing yourself, you will need to complete a Land Title Identity Verification Form (accessible from the Landgate website) and visit Australia Post to have your identity verified. If the information provided is correct, Landgate will provide a letter "Statement- Self-Represented Party" which must be lodged with the transfer form.
- Title search (to complete the transfer of land form).
- You can conduct a title search online and order a copy of a Certificate of Title (COT) as this will provide you with a recent copy of the title. While recommended, this step is not mandatory.
- Transfer of land form (T1 or T2).
- A Form T1 is used when there are no more than two transferors and/or two transferees whereas a Form T2 is used when there are more than two transferors and two transferees. These forms are available from the Landgate office or from the Landgate website.
- OSR for duty assessment.
- Once the transfer form has been completed and signed, you must present it to State Revenue at the Department of Finance for stamp duty assessment.
- Certificate of title (COT).
- If the certificate of title (COT) is issued and there is no mortgage on the property, the hard copy duplicate title must be provided with the transfer document. If the COT is issued and the property is under mortgage, the financier will need to produce the duplicate title to Landgate prior to the lodgement of the transfer form. Visit the Landgate website for more details.
- Registration fee.
- You’ll need to pay a registration fee to Landgate which can be paid in cash, credit card, EFTPOS or cheque / money order.
To lodge a transfer of property ownership, you’ll need to:
- Fill out transfer form. You’ll need to complete and lodge the transfer form which you can access by using the title search on the Landgate website.
- Contact OSR. Next, get in touch with your Office of State Revenue (OSR) to ensure that the transfer has been assessed for stamp duty.
- Organise Duplicate Certificate of Title. If the property is mortgaged, ensure the Duplicate Certificate of Title has been supplied to Landgate by the financier, or otherwise ensure that you have obtained an original letter of consent from the lender.
- Lodge transfer form. You then need to submit the original signed transfer form (with required evidence), and ensure that the registration fee payment is provided.
For advice about how to complete the paperwork correctly, visit the Landgate website.Back to top
If you need to change your name on the title following a marriage, you’ll need the following paperwork:
- Title search. Conducting a title search will help you complete the application form.
- Forms. You’ll need to complete and lodge application form A5 and Statutory Declaration form B3 which can be accessed over the Landgate counter or via the website.
- Marriage certificate. You’ll need to provide a certified copy of the marriage certificate issued by the Registry of Births, Deaths, and Marriages in WA.
- Duplicate Certificate of Title. You may be required to provide a Duplicate Certificate of Title in some cases. If issued and there is no mortgage on the property, the hard copy duplicate title must be produced with the application document. If issued and the property is under mortgage the financier holding the mortgage will need to produce the duplicate title to LAndgate prior to the lodgement of the application document.
- Registration fees. You’ll need to pay the registration fee to Landgate.
Below we outline the process for changing your name following a marriage:
- Complete application and statutory declarations. Use the title search on the Landgate website to access and complete the forms correctly.
- Provide marriage certificate. Offer a certified copy of the marriage certificate issued by the Registry of Births, Deaths and Marriages in WA.
- Organise Duplicate Certificate of Title. If the property is mortgaged, ensure the Duplicate Certificate of Title has been produced to Landgate by the financier or otherwise ensure that you have obtained an original signed letter of consent from the lender.
- Submit documents. Once completed, lodge the original signed forms, certified copy of the marriage certificate and the duplicate title (if required) with Landgate and pay the fee.
When you submit land titling forms with Landgate you will need to pay a lodgement fee. The fee will depend on the type of form being submitted. A summary of some major fees for Landgate services include:
|Service type||Examples of service||Cost|
|Search||$24.60 (per service)|
|Lodgement||$164.00 (per service)|
For a detailed review of Landgate fees, please visit the Landgate website.Back to top
Unlike several other Australian states, there is no cooling-off-period for real estate contracts in WA. This means that you cannot get out of a contract penalty-free if you change your mind.
If you do change your mind, you could potentially forfeit the total property sale price which is why it’s important to seek legal counsel during this process.Back to topFeature image: Shutterstock