If the landowner/s is a proprietary limited company, two directors must sign the letter of consent, alternatively, one director and one secretary. If a sole directorship company, the sole director must sign the letter of consent. The full name and title of each signatory must be provided under the signature/s.
Registered Proprietor is Deceased
If the registered proprietor is deceased, the letter of consent must be provided by the survivor or executor. Where registration status is Joint Tenant, an accompanying death certificate is required; where status is Tenants in Common, an accompanying copy of the grant of probate is required.
Land has been recently sold
- If the land has been recently sold, consent by the vendor is required. One of the following is required as evidence: a copy of the contract of sale or offer and acceptance containing an express provision of consent by the vendor; or a letter of consent from the registered proprietor/s giving prospective purchaser/s consent to lodge the application.
- If the land has been recently sold and transferred, a letter of consent by the new landowner is required together with a copy of the transfer of land document that incorporates a Landgate lodgement receipt stamp.
Registered Proprietor is the State Land Authority
If the registered proprietor is the State Land Authority, a letter of consent must be signed by a delegated officer of State Land Services. Where the State Land is 'vested' to another government agency under management orders, consent by a delegated officer of the vesting authority is required.
Land is registered to a Local Government or other Authority
If the land is registered to a Local Government or other Authority, a letter of consent by the Chief Executive Officer or delegate is required.
Registered Land is acquired by a Mortgagee in Possession
If the registered land is acquired by a mortgagee in possession, the following evidence is required: a statement from the mortgagee stating that they have taken possession of the land; and the relevant clauses of the mortgage that permit the mortgagee to lodge a subdivision application upon the mortgagee entering into possession of the land; and
(in the case of the land of an individual), a copy of the notice to the registered proprietor by the mortgagee informing the registered proprietor that the mortgagee is taking possession; or (in the case of the land of a company) a copy of the ASIC form 505.
Registered Land is acquired by a Liquidator or external administrator
If the registered land is acquired by a liquidator or external administrator, a letter of consent must be accompanied by an ASIC Form 505 showing the 'lodgement document number' and a copy of the company's extract from ASIC's database.
Registered Land is a Strata Company
If the registered land is a Strata Company, a letter of consent must be signed by each individual strata owner or by the Strata Company secretary (or delegate) and accompanied by a copy of the strata company minutes showing consent by all strata owners. The minutes must be signed by 2 officers of the Strata Company (chairperson & secretary or president) and accompanied by the strata company common seal.
Registered Name on the Certificate of Title differs from the name on the appplication
If the registered name on the certificate of title differs from the name on the application, evidence of the name change is required i.e.: marriage certificate, decree nisi, birth certificate.
Sample Letters of Consent