Landgate continues to digitise property transaction processes through legislative reform that enables the creation and signing of land-related documents - such as mortgages and deeds - via electronic means.
Historically, these documents required physical signatures and witnessing, even when lodged electronically. The current reform focus aims to remove this reliance on paper, aligning Western Australia with other jurisdictions – such as New South Wales, Victoria and South Australia - that have already legislated for the electronic creation and execution of mortgage documents.
By allowing documents to be created, signed, and executed electronically, the reform will further streamline WA’s property transactions and improve accessibility for consumers and industry - especially in regional areas.
Informed by consultation
Landgate’s first consultation paper on the reform proposal, released in June 2021, received strong support from industry stakeholders across finance, banking, legal services, conveyancing, and property development and from government agencies.
A second consultation paper was released in February 2023 to industry and public for their comment. This paper delved deeper into the reform’s specifics, identifying the legal provisions requiring amendments to facilitate electronic transactions. The proposals presented in this paper received support from the banking, legal and property sectors, and from software providers.
The major themes received during consultation expressed:
- Support for deeds to be created and executed electronically.
- Acknowledgement that document witnessing may continue to be required for certain documents (such as statutory declarations) but could be removed for specific land registry documents that mandate certificate of identity requirements.
- Encouragement for safeguards being put in place to ensure vulnerable people can also benefit from electronic execution.
Delivering reform in two tranches
This reform will transform the way property transactions are conducted, delivering greater choice and efficiency for both industry and consumers.
Through extensive consultation with the Department of Justice, Landgate determined that the proposed amendments would be progressed in two tranches to ensure timely and effective implementation:
- Reform tranche one (current state) focuses on enabling the electronic creation and execution of a mortgagor’s counterpart document for an Authorised Deposit-taking Institution mortgage. This reform will enable the electronic creation and signing of approximately 180,000 counterpart mortgage documents produced each year by all banks that are Authorised Deposit-taking Institutions. A Bill to amend the Property Law Act 1969 and the Electronic Transactions Act 2011 is expected to be introduced into Parliament before the end of 2025.
- Reform tranche two (future state) will address the electronic creation and execution of a broader suite of real property related documents and transactions, which will require further consultation and more in-depth consideration of the legislation.
Next steps
Landgate will continue to work with government and industry to deliver this reform in a way that effectively balances modernisation, security and accessibility.
To stay informed, please subscribe to our Customer Information Bulletins or revisit this page for reform updates.