Guide to
replacing a lost or destroyed Certificate of Title
This guide sets out the requirements to
lodge an Application for a new
Certificate of Title in place of one lost
or destroyed – form 10, under the
Transfer of Land Act 1958.
Land Victoria issues a Certificate of
Title to the person who last lodged
documents at Land Victoria for
registration. This is usually one of the
registered proprietors (owners), the
mortgagee (bank or other lender), or a
lawyer or conveyancer for the
registered proprietors or mortgagee.
You can identify the party to whom a
Certificate of Title is issued by doing an
issue search at Land Victoria.
Documents required by Land
Victoria
Application for a new Certificate of Title in
place of one lost or destroyed – form 10
This form must be fully completed and is available on
the Forms, guides and fees page at
www.dtpli.vic.gov.au/property>Forms, guides and
fees.
Statutory declaration
A completed and signed statutory declaration is
required from all the registered proprietors,
explaining what happened to the Certificate of Title
after it was issued by Land Victoria. The statutory
declaration form is located on the website below the
form 10. (See later in this guide: ‘How to complete
the statutory declaration’.)
A statutory declaration is also required from the party
to whom the Certificate of Title last issued, detailing
how that party disposed of the missing Certificate of
Title. Statutory declarations will also be required from
any party who may have had subsequent possession
of the missing Certificate of Title.
Issue Search
If an online Issued Document Enquiry does not
indicate the last issuing party, a manual Issue Search
Request – available from Land Victoria reception
counter – will need to be produced. This usually
applies to documents prior to 1984.
Rates Notice
A copy of the most recent rate notice or current rate
certificate must be supplied, showing the rated
owners and council valuation.
Company Search
If the registered proprietor of the land is a company,
a company search identifying the company’s officers
(one of whom should be making the statutory
declaration) will be required.
Proof of identity
If you personally lodge the application (i.e. not using
a lawyer), you will need to prove to Land Victoria
staff that you are the registered proprietor of the
land.
Applications lodged by mail are acceptable but will
not be approved unless satisfactory identification is
provided.
If attending Land Victoria in person, proof of identity
includes any one of the following:

passport

drivers licence

photo identification issued by an Australian
government agency.
Or, any two of the following:

birth certificate

credit card

Medicare card

marriage certificate

bank book.
Fees
Before lodging at Land Victoria
Land Victoria fees are payable at lodgement.
Prior to lodgement, an up-to-date title search and
issue search must be obtained.
Acceptable payment methods and lodgement fees
are available on the Forms, guides and fees page at
www.dtpli.vic.gov.au/property>Forms, guides and
fees.
Note, additional fees are payable if:

the document is lodged by post

there are two or more Certificates of Title in the
transaction.
When lodging your application, an indemnity
contribution (similar to insurance) will also need to
be paid. It is based on the value of the land and the
circumstances under which the Certificate of Title
was lost or destroyed. Land Victoria decides the cost
of the indemnity contribution after considering each
case’s evidence.
The contribution for cases assessed as low to normal
risk would be calculated on the following scale: $100
for land (including improvements) valued at up to
$200,000, thereafter 0.1 per cent for land valued at
up to $500,000. For example, for land valued at
$325,000 the contribution would be $325. The
maximum contribution for land valued at over
$500,000 is $600. If the risk of fraudulent use is
considered to be higher than normal the indemnity
contribution may be increased to cover the risk.
How to complete the form 10
This form should be completed online and printed for
lodgement.
If the form is being completed manually rather than
online:

the writing must be clear and legible and in
BLOCK LETTERS

only use black or blue pen

correction fluid must not be used

the back of the form must not be used.
If there is insufficient space in any panel an
Annexure Page (A1) must be used, which is available
on the Forms, guides and fees page at
www.dtpli.vic.gov.au/property>Forms, guides and
fees.
The points below assist in
completing the form 10
Lodged by
Applications when any registered proprietor is
deceased
This section is to be completed by the party lodging
the application at Land Victoria.
If any registered proprietor is deceased, a form 10
must be accompanied by the appropriate application
to remove the name/s of the person/people
deceased. The Application by a Legal Personal
Representative (APR), or Application by Surviving
Proprietor (ASP) and their guides are also available
on the website.
Please insert the following:

name, telephone number and postal address for
contact details or for the return of any
documents

customer reference and your Land Victoria
customer code (if applicable).
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Land

Documents – the Land Victoria issue search and
Insert Volume and Folio number(s) of affected
title(s), e.g. Volume 12345 Folio 125.
copies of relevant documents and
Multiple titles, numbered consecutively, may be
inserted as a single range entry, e.g. Volume 12345
Folio 125-132.
more statutory declarations. Documents referred
Applicant
statutory declaration. Documents referred to may
Insert the full name(s) and current address(es) of the
applicant(s).
be stapled to the statutory declaration or be
Please note that a ‘care of’ or ‘post office box’ is not
an acceptable address.
notes.
correspondence should be referred to in one or
to in statutory declarations must be clearly
identified and signed by the witness to the
presented with Supreme Court-style exhibit

what you believe the current market value of the
Signed
land to be. To support this, a copy of the most
The form must be signed by the applicant(s), a legal
practitioner, a licensed conveyancer or an agent of
the applicant.
recent rate notice or current rate certificate
showing council valuation must be suppled. If the
land is subject to a contract of sale, the statutory
Signature requirements are:

applicant signs – no witness required

signature of the applicant’s Australian legal
practitioner (under the Legal Profession Act
2004) – full name and address must be given

signature of the applicant’s licensed conveyancer
(under the Conveyancers Act 2006) who must
state he/she is a licensed conveyancer

signature of agent – letter of agency must be
supplied.
Clause 1 – the statutory declaration must state
declaration must also state the contract price and
name of purchaser. A copy of the contract should
be produced with your application.

Clause 2 – include the date when and to whom
Land Victoria last issued the Certificate of Title
and attach the issue search results. Note: if a
caveat affects the land a statutory declaration
must be provided stating that the Certificate of
Title is not in the possession of the caveator(s) or
in the possession of the legal practitioner for the
caveator(s).
How to complete the statutory
declaration

Insert the full name and residential address of
the person making the declaration. If the
registered proprietor is described by any different
names in any of the documents submitted, this
should be explained by statutory declaration.
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
Clause 3 – the statutory declaration must trace

must detail who looked where to find the missing
time it was last issued from Land Victoria until
Certificate of Title. If you have failed to look in
loss or destruction was discovered. If a
any obvious places – e.g. safety deposit box,
Certificate of Title is believed to have been lost
personal papers or your bank if the mortgage
while in the custody of a mortgagee (for example
was paid out and the Certificate of Title was not
a bank), the mortgagee must state if monies are
returned – you will be required to look there and
owing on the loan; that the relevant records of
submit a further statutory declaration.
the mortgagee still exist; and that the records

Clause 7 – you must state in your statutory
show that the certificate was not released from
declaration that you undertake to return the
the custody of the mortgagee. In the case of
missing certificate of title to the Registrar of
destruction, the remains of the old certificate
Titles in the event that it is ever found.
must be produced or accounted for and copies of

any correspondence about insurance claims must
Insert where the declaration is being signed, e.g.
Melbourne.
be supplied. In the case of theft, details of the

Insert date the declaration is being signed.
report to police must be supplied; and copies of

The person signing the declaration must do so in
correspondence about insurance claims must be
front of a qualified person under the Evidence
supplied. In any case where the mortgagee’s
(Miscellaneous Provisions) Act 1958 – a full list
records have been destroyed (for example after
can be found at www.justice.vic.gov.au>Justice
repayment of a loan), further proof is required
system>Legal assistance>Statutory declarations.
that the certificate was not released from the
mortgagee’s custody.

Clause 6 – one or more statutory declarations
the custody of the Certificate of Title from the

The witness must sign and insert his/her full
name, address and qualification.
Clause 4 – include details about when, where
and by whom the Certificate of Title was last
seen. If you have no personal knowledge
because, for example, you are an executor of a
deceased proprietor, you must state your belief
Contact us
For location and contact details, refer to
www.dtpli.vic.gov.au/property>Contact us.
that the missing Certificate of Title has not been
deposited as a security or held by another by
way of lien. You must also explain the reasons
for your belief. In the case of a witness who is
deceased, unavailable or uncooperative, inability
to obtain a statutory declaration must be
substantiated with copies of correspondence,
death certificates or other appropriate evidence
attached to your own statutory declaration.

Clause 5 – you must state that the missing
certificate has not been deposited as a security
Authorised by the Victorian State Government
Land Victoria
Department of Transport, Planning and Local
Infrastructure, 2014
© Copyright State of Victoria
This document is also available in an accessible
format at dtpli.vic.gov.au
or held by another by way of lien.
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