Section 70 Notification
Notifications under Section 70A
Section 70A is a section of the Transfer of Land Act that allows notifications to be placed on Titles. Sometimes the Council places a condition on a subdivision or development that a notification be placed on the Certificate of Title for the land. The developer/landowner is required to pay all costs associated with the preparation and registration of a notification on a Certificate of Title under Section 70A of the Land Transfer Act. It is recommended that Council’s solicitors be used to prepare and register the Section 70A notification documentation.
They are: McLeods Barristers & Solicitors 220-222 Stirling Highway Claremont WA 6010
Ph: 9383 3133
The applicant needs to provide McLeods with a copy of the Development or Subdivision Approval and ask them to prepare a Section 70A notification to go on the Certificate of Title. If you use your own solicitor to prepare the notification there may still be a charge for the Council’s solicitor to check the document before the Shire will sign the document. Steps and timeline for the preparation, execution (signing) and registration of a Section 70A Notification
- Applicant/landowner engages McLeods to prepare Notification document. Please provide a copy of the development approval or subdivision approval to McLeods.
- Preparation of document by McLeods.
- Landowner/s must execute (sign) the document.
- Landowner (or McLeods on their behalf) submits the original document to the Shire for execution.
- The Shire Planning Officer checks the document and forwards it to the Director Development Services for signing.
- The Planning Officer mails the executed document back to McLeods.
- McLeods arranges for the notification to be registered against the Certificate of Title.