Amendment (Form 13)

The Land Title Act 1994 (Qld) lets registered interests be amended by registering an instrument of amendment, within limits. A lease amendment must not increase or decrease the area leased, add or remove a party, or be lodged after the lease's term has ended (s 67). An easement amendment must not change its location, change the area affected or change a party (s 91). A mortgage amendment must not change the land charged or add or remove a party (Land Title Practice Manual (LTPM) [13-0030]). Form 13 is the approved form for all of these, with the changed terms usually set out on an attached Form 20 Schedule. A change outside these limits needs a surrender and a new instrument instead.

When you need it

• Extending or shortening the term of a registered lease, or recording the exercise of an option to renew.
• Changing the covenants (terms and conditions) of a registered lease, easement, mortgage, covenant or profit a prendre.
• Amending a building management statement, signed by the owners or body corporate of all lots it applies to (LTPM [13-2150]).
• Not for adding a tenant, changing the leased area or moving an easement: those need a surrender and a new lease or easement.

1. 1

   Lodger panel and Item 1: instrument being amended

   Complete the lodger details. In Item 1 insert the type of instrument (for example 'Lease') and its dealing number, which appears on a current title search.

2. 2

   Item 2: land

   Insert the lot on plan description and title reference. For an easement, show both the benefited and burdened lots; for a building management statement, all lots it affects.

3. 3

   Items 3 and 4: parties

   Insert the full name of the grantor, mortgagor, lessor or covenantor in Item 3, and the grantee, mortgagee, lessee or covenantee in Item 4. There is a field for a mortgagee's Australian Credit Licence, if any.

4. 4

   Item 5: amendment of lease details

   Complete only when a lease's term or options are being changed. Both parts must be completed: (a) the new expiry date (DD/MM/YYYY) and/or event, and (b) the option periods, or 'NIL'. Leave Item 5 blank for other instruments, or if only lease covenants change (LTPM [13-4050]).

5. 5

   Item 6: request and execution

   Attach the amendment document or a Form 20 Schedule that refers only to the clauses deleted, amended or inserted. Both sides sign before a witness listed in Schedule 1 of the Land Title Act 1994.

• Lodgement fees are payable. Whether a duty notation is required depends on the amendment; LTPM Part 13 has tables compiled with the Queensland Revenue Office (for example, no duty notation for a lease term increase commencing on or after 1 January 2006, or an amendment of mortgage).
• A lease amendment must be lodged during the initial term of the lease, which includes any first unexercised option period (LTPM [13-2010-1]). If the lease is not yet registered, lodge it with the amendment.
• An amendment of lease signed after a mortgage is registered binds the mortgagee only if the mortgagee consents before registration (s 66). If a lease of part of a lot is extended so that the total term including options exceeds ten years, planning body approval is required (LTPM [13-2010-1]).
• Lodge by post to Titles Queensland, GPO Box 1401, Brisbane Qld 4001, or through eLodgement if you are a registered industry user.

• Under section 67(3) and (4), the term of a registered lease includes the first option period once exercised, even if no amendment is registered. A second or later option period counts only if an amendment for the previous option was registered before that option period ended. Register option extensions in time.
• Section 11A places an onus on mortgagees to adopt due diligence practices before lodging an amendment of mortgage for registration (LTPM [13-2055]).
• An amendment of an easement or covenant must include all titles subject to it (LTPM [13-2035], [13-2110]).