Property Update
E-Conveyancing update: PEXA
Electronic conveyancing in Tasmania took a big step forward on 24 February 2025, when PEXA went live with basic land transfer capabilities.
This means that the following Land Titles Office dealings can be completed in the E-Conveyancing space (subject to some explicit limitations):
- Discharge of Mortgage
- Transfer
- Mortgage
Existing limitations
- Transfers involving trusts and part interests in land remain paper based.
- If any one party to the transaction is not registered for PEXA, either the entire transaction will need to be completed by paper lodgment, or alternative arrangements will need to be made to allow the closest point of registration to complete the transaction in the absence of that party.
- Transfers involving additional lodgment instruments remain paper based. The current paper system of receiving all instruments required to effect registration at settlement is not yet available in such circumstances.
There is no set timeframe for full conveyancing capabilities to become operational in Tasmania.
Things to consider
- A client’s financial information (in the form of settlement statements) can be viewed by all parties to the transaction.
- Access to the systems required to complete a conveyancing transaction will become increasingly difficult for self-represented parties, if not impossible.
- It may be appropriate to include disclosures about PEXA fees when providing cost estimates to parties.
Page Seager are actively engaged in the electronic conveyancing landscape and equipped to conduct eligible transactions via PEXA. We look forward to working with clients and other stakeholders in this evolving space.
Proposed limitations to third-party appeal rights
On 7 November 2024, the Tasmania Government announced plans to introduce limitations to who can lodge appeals to the Tasmanian Civil and Administrative Tribunal opposing the granting of discretionary planning approvals under the Land Use Planning and Approvals Act 1993 (Act).
Currently, appeals can be made under section 61 of the Act by permit applicants or any third party that made a valid representation during the mandatory statutory notification period. In terms of third-party appellants, the proposed reforms seek to limit standing to appeal to only those persons considered to be “directly and adversely impacted by the planning decision” (comment attributed to Planning Minister Felix Ellis).
It is unclear what “directly and adversely impacted by the planning decision” will ultimately mean, but the proposed change is likely to have significant consequences for one of the critical elements of the land use planning system in Tasmania; public participation in the planning process.
The impacts of the proposed limitations are difficult to determine at this stage (e.g. without the benefit of draft legislation) but we will continue to monitor the situation and issue updates as and when noteworthy developments occur.
