This information has been provided by
Australian law firm, Australian Conveyancing Services and is applicable in Queensland
only.
If you are ringing around for
conveyancing quotes, one sure way to know if the service
provider is cutting costs is to ask about the number of
searches that they will do. If they are not doing the
standard ones mentioned below, they are not doing a thorough
job.
REMEMBER: You get what you pay for!
When you are buying a property, one of the major things that will need to be done as part of the conveyancing process is the property searches. These searches, which are done in Queensland normally after the Buyer has signed a Contract are designed to find out if there are any problems with the property or the Seller that would materially prejudice the Buyer. That way, the Buyer knows before they hand over the money at settlement, because afterwards it is too late to complain.
Because the purchase of a property is such a significant investment, it is wise not to skimp on the number of searches that you do.
Standard Property Searches done in Queensland
The standard property searches that most Solicitors will do for you if you are buying a property (and the ones that
Quicklaw recommends and are included in the DIY conveyancing service) are:
Titles Search this search gives you the correct description of the property, confirms who the true owner is, and tells you
about any encumbrances over the property
Registered plan search this search gives you a copy of the plan for that property (showing you the shape and size) and its position in the street
Contaminated land search this search tells you whether the property you are buying is included in the Qld Government contaminated land register (for instance if it was previously a mine or dump or some other operation that contained hazardous substances)
Land Tax search this search tells you if the Owner owes any land tax in relation to the property. If the owner did not pay it before settlement, the monies due would pass on to you as the new owner
Bankruptcy/Company search tells you if the owners are bankrupt/wound up if so, they could not hand over the ownership of the property to you without the Official Receiver in Bankruptcys approval.
Main Roads search ascertains whether the property will be affected by any road planning proposals.
Local Authority search what is included in this search will vary from Council to Council, and the cost will also vary. Normally, the search includes a wealth of information, including the rates position, whether the Council has any requirements or requisitions over the property, building approvals and non approval, and information about whether the property is affected by flooding, and the existence and whereabouts of drainage and other pipelines over the property.
Water Search this search will reveal what, if any, fixed access and sewerage charges apply to the property, as well as any outstanding charges for Water Consumption that may be owing. You may also be able to obtain a special water meter reading to give you up-to-date information on usage. Depending where the property is located, this search will either be done through
Council or a separate Water Authority such as Urban Utilities or Allconnex.
For Units and Townhouses:
Some additional searches are standard they include:
Body Corporate Adjudicators search to see if there are any claims regarding the Body Corporate by any of the Unit Owners
Body Corporate Inspection of Records Search this is a physical inspection which is done to see what body corporate levies are owing, the insurance, and a host of information about the goings on in the Body Corporate (eg disputes, any litigation, budget forecasts, etc)
Cost of Standard Searches
The search outlays will vary depending on the Local Council search, but the following is a rough guide:
Vacant Land: $350 to $400
House and Land: $400 to $450
Unit/Townhouse: budget on around $500 to $600
Additional Searches that may be required:
Energex
When there are major power lines nearby, or you believe a tower may be built near your property.
Town
Planning Search
Confirms the zoning of your property, which may be relevant if you intend to substantially re-develop the property you have purchased. (NOTE: this can be an expensive search).
Building
Approvals Search
If you want to check whether additions to the property eg decks, swimming pools, have been approved by Council.
Heritage
Search
If you believe that the property may be listed on the heritage register (for historically significant properties).
Easements
& other such encumbrances (if noted on your title
search)
A search will reveal the nature of the encumbrance.
QLD
Transport Search
An important search to do if your property is near a railway line. The search will tell you if Qld Rail or other government or major road department has any plans that affect the property.
Survey
Plan (offline)
When you are unsure of the property's boundaries, particularly useful in inner city areas where houses may not be built entirely within actual boundaries.