Buying a property is one of the biggest financial decisions you’ll ever make. Whether it’s your first home, an investment, or a block of land to build your dream home, it’s important to do your due diligence. Hidden issues can lead to unexpected costs, legal complications, or restrictions on how you use the property.

Here are some key things to look out for during the conveyancing process, depending on the type of property you’re buying.

🏠 When Buying a House

Extensions and Renovations

Check whether any extensions or renovations (such as decks, garages, or extra rooms) have been approved by the relevant local council. Unapproved works can lead to compliance issues or even rectification orders after settlement.

Permits and Certificates

Request copies of planning and building permits for any works completed. Make sure there are final inspection certificates or occupancy permits. This helps confirm the work was done legally and safely

Owner Builder Reports

If the seller completed the work themselves as an owner-builder within the last 6 and a half years ago, they must provide an Owner Builder Defects Report and, in some cases, domestic building insurance. This protects buyers from structural defects. Find out more about owner builder work here.

Easements and Restrictions

Easements can affect where you can build, extend, or install services on your land. Review the title carefully to identify any drainage, sewerage, or access easements that may limit your use of the property.

🏢 When Buying an Apartment

Carpark, Storage Cage and other accessory units – are they on the same title?

Confirm whether the carpark, storage cage and any accessory units that are advertised are on the same title as the apartment. If they’re on separate titles, ensure you are aware of it and have it included in your conveyancing process.

Owners Corporation Rules

Apartment owners must comply with the Owners Corporation (Body Corporate) rules. These can cover pets, renovations, noise, and use of common areas. Make sure you’re comfortable with the restrictions.

Owners Corporation Levies and Fees

Check the annual levies and any upcoming special levies for major repairs or maintenance. These ongoing costs can significantly impact your budget.

Building Notices and Cladding Issues

Some buildings may be subject to building notices or cladding rectification work. These issues can affect property value, insurance, and even your ability to secure finance. Always check with the Owners Corporation and council for any active or pending notices.

🏞️ When Buying Land

Easements

Just like houses, easements on land can restrict where you can build. Review the title and plan of subdivision to identify any utility or access easements.

Zoning and Planning Restrictions

Zoning determines what you can build on the land and how it can be used. For example, land zoned for residential use may have height or setback requirements. Check with the council for overlays or planning controls that may affect development.

Restrictive Covenants

Some estates have covenants that dictate the type of home, façade, fencing, or building materials you can use. Failing to comply can lead to costly disputes or delays with building permits.

📝 Final Thoughts

A property might look perfect at first glance, but uncovering legal or structural issues early can save you from future headaches and unexpected costs. Before signing a contract, always:

    • Review the Section 32 Vendor Statement and title documents carefully to ensure you are aware of the encumbrances.
    • Check all permits, approvals, and reports.
    • Seek advice from an experienced conveyancer or property lawyer to identify potential risks.
    • Read more about how you can avoid potential issues when buying here

 

Need help reviewing a contract or Section 32?

Our friendly and responsive team can help ensure you understand exactly what you’re buying and protect your interests every step of the way.

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