A first transfer form should only be used when the first sale of the lease of undeveloped land is by the person who provided the infrastructure on the lease

Is this application for a first transfer?
	IF NO – Complete this form	IF YES - Please use the Consent to First Transfer FORM 1
	
Lease details please print

Block/s	
	Section 		Suburb		Unit No.		

Street Address	

Applicant details please print

Surname	
		First name		
		
Company name	

Postal address	

Phone number business hours			Mobile		
		
Email address

Lessee (property owners) details please print

First lessee’s details

Surname	
		First name		
		
Company name	

Position held in company			Australian Company Number (ACN)		
		
Postal address	

Phone number business hours			Mobile		
		
Email address	

Second lessee’s details

Surname	
		First name		
		
Company name	

Position held in company			Australian Company Number (ACN)		
		
Postal address	

Phone number business hours			Mobile		
		
Email address	

All lessees must sign authorising the lodgement of this application. In doing so the lessee gives authority to the applicant to negotiate any dealings in relation to the application through to its determination. If there are more than two lessees please ensure that the details and authorisation are attached to the application.

First Buyers details please print

Surname	
		First name		
		
Company name	

Position held in company			Australian Company Number (ACN)		
		
Postal address	

Phone number business hours			Mobile		
		
Email address	

Second Buyers details please print

Surname	
		First name		
		
Company name	

Position held in company			Australian Company Number (ACN)		
		
Postal address	

Phone number business hours			Mobile		
		
Email address	

All buyers must sign authorising the lodgement of this application. In doing so the buyer gives authority to the applicant to negotiate any dealings in relation to the application through to its determination. If there are more than two buyers please ensure that the details and authorisation are attached to the application.
Please note:  To help you provide information a table titled “Documentation requirements – definitions and checklist” can be found at the end of this form. 
		
Reason for Seller(s) transferring the land – please tick one

Financial – unable to finance development
	•		
Personal – medical, moving interstate or unemployment 
	•		
Unforeseen  – an unforeseen major event outside the seller(s) control e.g. GFC 
	•		
Building Contract – if entered into between the seller(s) and Buyer(s)
	•		
	
Evidence supporting the Seller(s) reason for transferring the land

Is there evidence supporting the seller(s) reasons for transferring  the land specified in this
application attached?
	•	YES	•	NO	
Evidence of financial capacity from the Buyer(s)

Is all the evidence for financial capacity from the buyer(s) to purchase the land and construct a dwelling* 
on the block for the land specified in this application attached?(*dwelling does not exclude other developments  of a non residential nature)	•	YES	•	NO	
		
Building covenants

Is there at least a minimum of six months left on the commencement covenant contained in the Crown 
lease for the land specified in this application attached?	•	YES	•	NO	

Transfer form

Is the transfer form for the land specified in this application attached?
	•	YES	•	NO	
Land Rent Scheme Crown lease

Is the Crown lease for the land specified in this application a Land Rent Scheme lease?
	•	YES	•	NO	
If yes, has a letter been provided from the buyer(s) for the land stating that they are aware that they 
are purchasing a rental Crown lease?	•	YES	•	NO	
	
Unregistered Crown lease / lessee’s name

If the Crown lease is unregistered or not in the sellers name, has a letter been provided advising that there
 has been an on-sale of all documents connected with the registration of the Crown lease and/or advising
 that the lessee’s name for the land specified in this application will be registered at Land Titles at the time
of settlement?
	•	YES	•	NO	
Conflict of interest declaration

Does the applicant, lessee or buyer have any association with EPD staff?          	•	YES	•	NO	
If YES - please provide details:	

NOTE: There are penalties for deliberately giving false and misleading information.  The Planning and Land Authority or Planning Minister may revoke an approval if satisfied that the approval was obtained by fraud or misrepresentation.

Other requirements

Lodgment and payment

A valid application for consent to transfer comprises a completed application for consent to transfer form accompanied by all of the required information or documents necessary for the application to be considered for approval.

Once an application for consent to transfer is received the documentation will be checked to ensure it meets the standard for lodgment. If the documentation provided is acceptable you will receive written confirmation that the application is ready for lodgment and a request for the payment of application fees. An application for consent to transfer is not lodged until all fees are paid.

If the documentation is not acceptable for lodgment, you will receive written advice detailing the additional information required and/or any issues with your application.  Once these documents are provided, EPD will recommence the documentation check and fee payment process outlined above.

Documents 

All required documents must be provided in hard copy.

Applicant, lessee and buyer declaration

I/we the undersigned, hereby apply for approval for consent to transfer on the land specified in this application.

I/we declare that this application is accompanied by all of the required information or documents for it to be considered for approval.

I/we understand that the information submitted with this application form will undergo a documentation check prior to the payment of fees and formal lodgment of the application. Further information may be required before acceptance of the application for consent to transfer by the Planning and Land Authority.

I/we understand that this application will be considered lodged once the relevant application fees have been paid.

I/we understand that the documentation provided will be considered to be the relevant documentation associated with this application.

I/we the undersigned appoint the applicant whose signature appears below to act on my/our behalf in relation to this application for consent to transfer. This authorises the applicant to pay all application fees and liaise with EPD when required, alter, amend or provide further information as necessary and receive any communications relating to this application for consent to transfer.

I/we the undersigned buyers undertake to comply with the building and development covenants contained within the Crown lease on the land specified in this application.

I/we declare that all information given on this form and its attachments is true and complete.

If signing on behalf of a company or organisation:

I/we the undersigned, declare I/we have the appropriate delegation or authority to sign on behalf of the company or organisation.

Applicant signature (s)	
	Date		
				
First lessee signature	
	Date		
				
Second lessee signature	
	Date		
				
First buyer signature 

	Date		
				
Second buyer signature 

	Date		

Please make sure you complete the documentation requirements checklist at the end of this form

Documentation requirements – definitions and checklist
Key: 
•	Required
•	Required if relevant		
Evidence supporting the seller(s) reason for transferring the land
(Required if not applying under s298(2)(b)(iv))
OR
Building contract between the seller(s) and (buyer(s) - (Required if applying under s298(2)(b)(iv))	•		
Evidence of financial capacity from buyer(s)	•		
Building covenants(Provide a copy of the extension of time letter)	•		
Transfer form	•		
Land Rent Scheme Crown lease(provide a copy of a letter from both the seller AND buyer)	•		
Unregistered Crown lease / lessee’s name
(Required if Crown lease and/or the lessee’s name are not registered at Land Titles)	•		

Submission requirement		Required information	 Office Use Only	
Evidence supporting the seller(s) reason for transferring the land	•	Evidence supporting the reasons stated in the seller(s) 
statutory declaration as to why the land is being transferred,
ie financial, personal or unforeseen circumstance
e.g. declined loan, letter from an accountant, certificate from a
doctor, moving interstate.

•	Supplied
•	Not required
	
Building contract between the seller(s) and the buyer(s)	Copy of the relevant pages that contain the following information:
•	details of the land being transferred
•	details of the buyer(s)
•	details of the builder (must be the same name as registered on the Crown lease being transferred)
•	signatures of the buyer(s)
•	signature of the builder
•	the cost of the building work to construct the dwelling.

•	Supplied
•	Not required
	
Evidence of financial capacity from the buyer(s)

	Provide one or more of the following documents (or like documents):
•	loan approval(s) from a financial institution connected to the buyer(s) AND the land being transferred
•	current bank statements in the buyer(s) name (not less than 4 weeks old)
•	current line of credit statement in the buyer(s) name;
•	deposit copies of trust accounts or receipts connected to the buyer
•	gifted money – statutory declaration from person gifting money AND evidence that that person has the money (eg. recent bank statement in persons name)
•	internet bank statements are not accepted as the account holders details are not on the printout.
•	Letter from an accountant connected to the block and stating that the buyer(s) have the financial capacity to both purchase the land and construct a dwelling.

•	Supplied
•	Not required

Building covenants	If less than 6 months left on commencement covenant:
Provide one or more of the following:
•	evidence of extension of time approved by Utilities, Land and Lease Regulation and relevant fees paid
•	a letter from the buyer(s) stating they are aware of the date the building is required to start (must state date) and if the building does not commence by that date, then they are responsible for making an application and paying for an extension of time to extend the development covenants
•	if construction on the building has already commenced, the signed inspection certificate issued by a registered certifier (e.g. footings inspection or first drainage test).

Please note: The completion covenant should also allow enough time to complete the construction of the dwelling.  If not completed by the date stated in the Crown lease or any extension granted, an extension of time will be required prior to a Certificate of Compliance being issued.	

•	Supplied
•	Not required

Submission requirement		Required information	 Office Use Only	
Transfer form	Available from the Office of Regulatory Services website at www.ors.act.gov.au/community/land_titles/forms_and_fees:
•	block, section and suburb
•	volume and folio Numbers (where Crown Lease is registered)
•	consideration amount
•	development status
•	seller(s) details as registered on Crown lease
•	buyer(s) details as to appear on Crown lease
•	seller(s) signature and witness’ signature
•	buyer(s) signature and witness’ signature.

•	Supplied
•	Not required
	
Land Rent Scheme Crown lease	If the Crown lease is a rental lease has a letter been provided from the:
•	buyer(s) stating that they are aware that they are purchasing a rental Crown lease.

•	Supplied
•	Not required
	
Unregistered Crown lease / lessee’s name	If the Crown lease and/or the lessee’s name are not registered at Land Titles, the following information is required:
•	a letter from the applicant advising that an on-sale involving the Crown lease and/or the Lessee’s name will occur at the time of settlement for this transfer at Land Titles; and
•	copy(s) of the front page(s) of each Contract of Sale between the Lessee and buyer.	

•	Supplied
•	Not required

Privacy Notice
The personal information on this form is provided to the Environment and Planning Directorate (EPD) to enable the processing of your application. The collection of personal information is authorised by the Planning and Development Act 2007.  If all or some of the personal information is not collected EPD cannot process your application. The personal information you provide may be disclosed to Australian Bureau of Statistics, ACT Revenue Office, the Registrar General’s Office and other Government agencies with a direct interest in the lease transfer process.  The information may also be disclosed where authorised by law or court order, or where the Directorate reasonably believes that the use or disclosure of the information is reasonably necessary for enforcement-related activities conducted by, or on behalf of, an enforcement body. EPD’s Information Privacy Policy contains information about how you may access or seek to correct your personal information held by EPD, and how you may complain about an alleged breach of the Territory Privacy Principles. The EPD Information Privacy Policy can be found at www.planning@act.gov.au 

Contact Details:
Environment and Planning Directorate
Customer Service Centres
GPO Box 158, Canberra City 2601
8 Darling Street Mitchell, ACT 2911
16 Challis Street Dickson ACT 2602
Business Hours: 8.30am to 4.30pm weekdays (excluding Public Holidays)
Phone: (02) 6207 1923	TTY: (02) 6207 2622
Email: epdcustomerservices@act.gov.au	Website: www.planning@act.gov.au