Lodge a statutory charge or discharge a statutory charge
A statutory charge is a charge over the land under relevant legislation.
Once the statutory charge is registered, it may restrict dealings with the land and can affect the priority of interests registered on the title.
Staff at the Land Titles Office can't give legal advice or help you prepare a statutory charge dealing.
General information
Once a statutory charge is registered, it remains effective until it is discharged.
For more information on statutory charges including who can apply, see sections 86 to 90 of the Land Title Act 2000.
Types of statutory charges
There are two types of statutory charges.
Statutory charge
A statutory charge is a legal claim over land that is created by legislation. It may secure a debt or obligation and can affect what the owner can do with the property.
Overriding Statutory charge
An overriding statutory charge is a type of statutory charge that has higher priority than most other interests registered on the title.
An overriding statutory charge prevails over all other interests in the lot, except an earlier overriding statutory charge already recorded in the land register.
Notice to registered owners
The Registrar-General will send a notice in writing that a statutory charge has been lodged on title to each person who has a registered interest in the land the subject of the charge.
The notice is sent by registered mail to the owner’s address shown on title.
Discharging a statutory charge
A chargee may discharge a statutory charge by submitting a request to the LTO.
See how to submit below.
Fees
There is a $181 fee for a statutory charge and a $29 fee for the discharge of a statutory charge.
Before you apply
Before lodging with the LTO, read the ARNECC model participation rules guidance notes.
Apply online (eConveyancing for practitioners)
If you're a subscriber, you may lodge a statutory charge, overriding statutory charge or discharge of a statutory charge online.
In the ELNO, follow the relevant process below.
Access instrument and enter land details
Go to the statutory charge or overriding statutory charge instrument.
Enter the land title reference (volume and folio reference). This will pre-fill in the land description.
Select charge date
The date must be in the past.
Enter monetary amount (if applicable)
Any information you type into the consideration field is for reference only. It will not be sent to the Land Titles Office and will not appear on the final registered dealing or rendered document.
Enter the legislation reference
Please refer to the legislation for which the charge is to be lodged.
Access instrument and enter land details
Enter the land title reference (volume and folio reference). This will pre-fill in the land description.
Select the charge to be discharged
Select the applicable charge to be discharged and the type of charge.
Select charge date
The date must be in the past.