The Memorandum of Common Provisions on Your Title

A Memorandum of Common Provisions (MCP) is a separate document registered with Land Use Victoria under section 91A of the Transfer of Land Act 1958. It lets a title, plan of subdivision, mortgage or other land instrument adopt shared rules by reference number, often an ‘AA’ number, instead of printing those rules in full on every title. From 3 May 2021, Land Use Victoria has required specific MCP forms for new restrictive covenants recorded by transfer or plan, so your conveyancer should order and read the actual MCP before you sign.

So, if the rules are not printed on the title itself, how do you find out what you're buying into? That small AA reference can affect renovation plans, a future second storey, subdivision ideas, fencing, building materials and even where a house can sit on the block.

What is a Memorandum of Common Provisions in Victoria?

A Memorandum of Common Provisions is a stored set of land rules that other registered documents can adopt by reference. Instead of repeating the same wording across many titles, the detail sits in one registered document and the title or plan points to it.

Think of it like a rulebook filed with Land Use Victoria. A developer, lender or surveyor can lodge the rulebook once. Later, a plan of subdivision, transfer, mortgage or other instrument can say, in effect, ‘these provisions apply too’.

That system is tidy for registration. It is less tidy for a buyer reading a title search at the kitchen bench after a Saturday inspection in Preston, Bentleigh or Tarneit. The title tells you the MCP exists, but the restrictions you care about live in another document.

Why is the MCP not written out on my title?

The MCP is not written out on your title because the point of the system is to avoid repeating long provisions. Your title becomes a pointer to the full document, not a complete copy of every rule that applies.

That matters because a clean looking title can still carry serious restrictions. We've seen buyers assume that a short title means there is nothing much to read. Often, the short wording is doing a lot of work because it is sending you to another registered document.

A simple example is a new estate in Melbourne's growth corridor. A developer might create 180 lots, all subject to the same building envelope, fencing requirements and design rules. Rather than place the full wording on 180 separate titles, the plan can refer to one MCP. Every buyer then needs to read that MCP to understand the rules for their lot.

Where does the MCP number appear on a title or plan?

The MCP number usually appears in the restrictions, covenants or encumbrances part of the title search, or on the plan of subdivision. The reference often starts with ‘AA’ followed by numbers, and sometimes a letter at the end.

You might see wording such as:

‘Restriction as contained in MCP AA1234’
‘Covenant contained in memorandum AA5678’
‘Provisions in MCP AA1234 apply’
‘Mortgage incorporates MCP AA9999’

That AA code is the key to the document. Without it, you cannot be sure which registered provisions apply. With it, your conveyancer can order the instrument and read the full text.

Plans of subdivision can also carry the reference. This is common in newer estates and townhouse developments, where restrictions are shown on the plan but the fine print is stored in the MCP.

What can be hidden inside an MCP?

An MCP can contain more than a classic covenant. It may include a restrictive covenant, building envelope rules, easement terms, mortgage provisions or development controls that apply across a subdivision.

Restrictive covenants are the ones most buyers have heard about. They might limit the land to one dwelling, ban certain building materials, stop commercial use or restrict subdivision. In older suburbs such as Camberwell, Kew and Malvern, these can sit quietly on title for decades.

Building envelopes are also common, especially in house and land estates around places like Wollert, Clyde North, Tarneit and Officer. A building envelope can control where you can build on the lot, including front, side and rear setbacks, garage position, wall height, walls on boundaries and the overall building footprint.

Developer rules can feel less dramatic, but they still matter. They might deal with fencing style, roof materials, driveway materials, landscaping, a deadline to start building, or limits on temporary structures. For a buyer planning a custom build, these details can make the difference between a workable lot and a frustrating one.

MCPs are also used for mortgage terms. A lender can incorporate standard mortgage provisions by reference, rather than repeating pages of terms in every mortgage. For buyers, the main pre signing concern is usually a land restriction or covenant MCP, but the full title still needs checking.

How do you get a copy of the MCP?

You get a copy of the MCP by ordering the registered instrument using its reference number. In practice, your conveyancer should do this while reviewing the title, plan of subdivision, contract and Section 32 before you sign.

The steps are simple:

Get a current title search and plan of subdivision.
Find the MCP reference, usually the AA number.
Order the registered MCP document through a Land Use Victoria search channel.
Read the MCP against the property and your plans.
Ask for plain English advice before making an offer, bidding at auction or signing the contract.

The reading step is where the value sits. A rule that sounds harmless on its own can be a problem when matched against your plans. For example, a single storey covenant may not worry a downsizer buying an existing villa unit, but it could be a deal breaker for a family hoping to add bedrooms above the garage.

In our practice, we most often see MCP issues when the Section 32 includes the title but not the memorandum that the title points to. The buyer has been given the reference, but not the rulebook. The conveyancers at PC will usually chase down the MCP, read it with the plan and explain whether it affects what the buyer wants to do.

Should the MCP be included in the Section 32?

If the MCP contains a covenant, restriction or other matter affecting the title, it should be dealt with properly in the Section 32 vendor statement. A Section 32 is meant to give the buyer key information about the property before they sign, including title matters such as covenants, easements and mortgages.

That does not mean every Section 32 is neatly assembled. Some contracts include the title and plan but leave out the MCP. Some attach an old search. Some include a reference to a document that is hard to read without ordering the full registered instrument.

If an MCP is missing, do not guess. Ask for the document or have your conveyancer order it. If a restriction has not been properly disclosed, a buyer may have legal options, but you should get advice quickly and before settlement. It is much safer to find the issue before you sign than to argue about it later.

What can go wrong if you ignore the MCP?

Ignoring the MCP can leave you bound by rules you never read. Once you become the owner, registered restrictions that run with the land can bind you even if you did not understand them before settlement.

The cost is rarely just theoretical. You might spend money on building plans, soil tests, engineering or council discussions, then discover the MCP stops the project. A second dwelling, second storey, garage position, front fence, subdivision or short term use may clash with the registered wording.

Enforcement of a restrictive covenant is not usually handled by council. Owners of land that benefit from the covenant may be able to enforce it, often through the Supreme Court of Victoria. Council planning approval also does not give a free pass to breach a registered restrictive covenant.

That is why the safest time to read the MCP is before you commit. Once you have signed unconditionally, your choices may narrow quickly, especially after an auction with no cooling off right.

What should Melbourne buyers do before signing?

Melbourne buyers should treat an MCP reference as a stop and read moment. It is not automatically a problem, but it is never something to ignore.

Before signing, ask these questions:

What is the MCP number?
Has the full MCP been attached to the Section 32?
Does it create a restrictive covenant, building envelope, easement term or mortgage term?
Which land is burdened and which land benefits?
Does it affect my plans for renovation, extension, subdivision, renting or rebuilding?
Is there anything in the wording that needs legal advice before I bid or sign?

This is especially worth doing before an auction. Auction contracts are usually unconditional, and a quick title check is not enough if the title points to a separate MCP that nobody has ordered.

Frequently asked questions

What is a memorandum of common provisions in Victoria?

A memorandum of common provisions is a document registered with Land Use Victoria under section 91A of the Transfer of Land Act 1958. It stores common provisions, such as restrictive covenants, building envelope rules, easement terms or mortgage terms, so other land documents can adopt them by reference number.

How do I find out what is in the memorandum of common provisions on my title?

You find out what is in the memorandum of common provisions by ordering the registered MCP using the reference number shown on the title or plan. The number usually starts with ‘AA’. A conveyancer can order it, read it with the contract and Section 32, and explain whether it affects your plans before you sign.

Where do I find the MCP number on my title?

You usually find the MCP number in the restrictions, covenants or encumbrances section of the title search, or on the plan of subdivision. It often starts with ‘AA’, followed by digits and sometimes a letter. That number identifies the exact memorandum of common provisions you need to read.

Does a memorandum of common provisions only contain covenants?

No. A memorandum of common provisions can contain restrictive covenants, building envelope rules, easement terms, developer estate rules or mortgage provisions. You cannot safely tell what is inside from the title reference alone, so the actual MCP document should be read.

Is a restrictive covenant in an MCP binding on me as the new owner?

Yes. A restrictive covenant in an MCP can bind future owners if it is properly registered and runs with the land. This means you may be bound even if you did not read the wording before buying, which is why you should check the MCP before signing the contract.

Should the memorandum of common provisions be included in the Section 32?

If the MCP contains a covenant, restriction or other title matter affecting the property, it should be properly disclosed through the Section 32 material. If the title refers to an MCP but the document is missing, ask for it or have your conveyancer order it before you sign.

About the Pearson Chambers Conveyancing team

Pearson Chambers Conveyancing is a Melbourne focused conveyancing team working with buyers across Victoria, from first apartments near the CBD to new house and land contracts in the outer suburbs. We review contracts, Section 32 statements, titles and plans for buyers who want clear answers before they commit. Reading an MCP and explaining what it means for your build, renovation or resale plans is part of the contract review work we handle every day.

Sources we consulted

Need help reading an MCP on your title?

Worried about an AA code or memorandum of common provisions in your contract pack? Pearson Chambers Conveyancing can review your Section 32, title, plan and MCP before you sign, then explain the practical effect in plain language.

Email contact@pearsonchambers.com.au to ask about a complimentary Section 32 contract review.

General information only, current as at the date of publication. Victorian conveyancing rules and legislation change frequently. Please contact the Pearson Chambers Conveyancing team for advice on your specific contract.