Title deeds only worth the paper they’re written on
CAN you believe September is almost over?
October is sneaking up on us and there are some important changes happening in the Queensland Titles Office in October that you need to be aware of.
Currently, there are approximately 11 per cent of titles in Queensland for which a paper certificate of title exists (also known as “title deeds”).
Those certificates of title are important documents and one of the principal reasons for having a paper certificate issued is to stop the lodgement of other dealings (e.g. transfer of title) without the paper certificate being deposited with the dealing.
However, as of October 1 this year, if a paper certificate has been issued for a property the Titles Office will no longer require that certificate to be lodged to allow the lodgement and registration of other dealings.
What does this mean? It means that once October 1 rolls around any paper certificate of title will cease to have any legal effect.
The Titles Office will also stop issuing paper certificates from that date.
There will be no requirement to physically return paper certificates to the Titles Office and some people may wish to hold on to the certificate for historical reasons or as a keepsake.
If you are holding a paper certificate as a form of security then October 1 is a particularly important date and you should ensure you have obtained legal advice regarding the implications of that document ceasing to have legal effect.
Until next week – Keep it Legal!
Katie Caldow
kcaldow@walkerpender.com.au
*The legal information in this article is of a general nature only and not intended to be legal advice to rely upon.
New cladding laws for private building owners
I WOULD be surprised if combustible cladding is a term you have never heard.
The tragedy of the Grenfell Tower fire in 2017 was a catalyst for the increased media focus on cladding, but it certainly was not the first event of its kind. Part 4A of Queensland’s Building Regulation 2006 was introduced by the Building and Other Legislation Cladding Amendment Regulation 2018.
It came into effect on October 1, 2018, and obligates owners of private buildings (as defined) to take steps to identify combustible cladding and the safety risks associated with it.
It represents Queensland’s approach to addressing this very serious and topical issue. There are four deadlines associated with the process of which private building owners should already be aware:
March 29, 2019 – buildings must be registered on the “Safer Buildings” website and complete the Part 1 Checklist, which will determine if the building is an affected building. May 29, 2019 – affected buildings to engage an appropriately qualified building industry professional to complete a statement answering technical questions about the building.
The statement must be uploaded and the Part 2 Checklist completed, to determine if the building remains an affected building.
August 27, 2019 – fire engineer to be engaged and registered on the system.
May 3, 2020 – upload building fire safety risk assessment and fire engineer statement and complete Part 3 Checklist.
There are penalties for non-compliance and the first deadline is fast approaching.
Until next week – Keep it Legal!
Katie Caldow
kcaldow@walkerpender.com.au
*The legal information in this article is of a general nature only and not intended to be legal advice to rely upon.
Are you Breaching Pool Safety Laws?
DID you purchase a “portable” pool/spa to help get you through summer? If so, Queensland’s pool safety laws under the Building Act 1975 (Act) may apply.
If the structure is capable of being filled with water to a depth of 300mm or more, has a volume of no more than 2000 litres and has no filtration system, then it may be captured by the Act. Many of the “portable” pools/spas sold will meet this description.
If the pool is located on “regulated land” as defined under the Act, it is a “regulated pool” and the owner has many responsibilities, including:
- Registering it with the Queensland Building and Construction Commission, who can issue on-the-spot fines for failure to register;
- Complying with the pool safety standard and keeping barriers in good condition. The standard covers many aspects including height and strength of barriers, mandatory non-climbable zones, gates and latches (exemption from part(s) of the standard is possible in cases of impracticality and disability if approved by local council).
Failure to comply not only creates unnecessary safety risks, but also leaves owners open to receiving fines or court imposed penalties (which can be significant). You can engage a licenced pool safety inspector to confirm whether your pool/ spa is captured by the Act and to help you comply with Queensland’s pool safety laws.
*The legal information in this article is of a general nature only and not intended to be legal advice to rely upon.
Have you Checked on your PPSR Registrations?
I AM pleased to bring you the first publication of Keeping it Legal, a weekly article on a range of legal topics relevant to individuals and businesses.
I am grateful to Walker Pender Group Lawyers and The Queensland Times for supporting this project, aimed at adding value to the community through sharing of legal information. I invite readers to email me with comments or topic requests.
Today is a reminder for those with registered security interests on the Personal Property Securities Register (PPSR).
The PPSR is a national register where individuals and businesses record security interests over personal property.
It can also be searched by consumers before buying certain goods to ensure they are debt-free and safe from repossession.
The PPSR started practical operation on January 30, 2012, making January 30, 2019, its seventh anniversary.
Many registrations are taken out for seven years and so those taken out at the start of the register will soon expire.
If you or your business registered an interest at the commencement of the register, your registration may well soon expire.
You can access a “Registrations due to expire report” for free from the PPSR website to check your registration expiry dates.
Also ensure you have an effective warning system to prompt you to renew your registrations before they expire.
If a registration lapses, not only is the security lost, but where multiple registrations exist, you may lose priority ranking when you re-register.
Until next week, Keep it Legal!
*The legal information in this article is of a general nature only and not intended to be legal advice to rely upon.
Property, Commercial Law and Leases
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