Transfer of property | Conveyancing

Conveyancing is the legal process of transferring ownership of property. There are many parts to this process. We do some things and you must do some. This guide is designed to help you avoid problems that may arise when buying a property. It is concerned with residential property only: houses, units and vacant residential land.

Note: A purchaser may be able to withdraw from a contract within 3 business days after signing the contract (cooling off period) unless:

• The property is not a residential property;
• The property was purchased at an auction or within three business days before or after the auction date;
• The purchaser received independent legal advice from a solicitor before signing the contract.

As this firm’s offices are located further than 60km from the Melbourne CBD, we are permitted to act for both parties in a conveyancing transaction. This permission is by consent of both parties. In the event that an unresolvable dispute arises between the parties, then we are unable to continue to act for either party in that transaction.


Things to do before you sign a contract (or immediately afterwards)

You must satisfy yourself that the house and other improvements on the land are within the title boundaries. You should measure the frontage and depth of the land and the connecting distance to the nearest intersecting street or other feature and compare these measurements with those shown on the plan of the land attached to the vendor’s statement. You must also identify any easements shown on the plan of the land, as you usually cannot build over them without consent. In the case of vacant land, you must be satisfied that the title relates to the block you have decided to buy and that there are no building, fences or other structures on your block that should not be there. With a unit purchase the unit will have been surveyed at the time of construction but you still need to check that the one shown on the plan is the unit you have decided to buy. A copy of the plan is usually attached to the vendor’s statement. If you need a copy of a plan of the land please let us know.

A person selling a house or unit gives no guarantee that the property is in good order. Our enquiries do not normally extend to investigating the quality of the buildings or other structures on the land. It is your responsibility to check that these are in good order. If you have doubts have the property inspected by a builder or architect and get a written report. You need to check things such as stumps, plumbing and drainage, electrical wiring and roofing and that all fittings and appliances (eg. hot water service, stove and dishwasher) are in working order. If the house is less than 6 years old, there should be domestic building insurance. You should check that this is in place.

Check that electricity, gas, telephone, water and sewerage have actually been connected and are working. If they are not connected you must check with the relevant authority as to their availability and cost of connection. This applies to established dwellings where certain services are not connected, and to all services where you are buying vacant land.

It is important to find out the location of water and sewerage mains and storm water drains on your property, as you usually cannot build over them. Contact the local water authority and the local council and satisfy yourself that the mains and drains have not been built over or their location is not going to upset your future plans for building on the land.

The title may show that your property has the benefit or burden of an easement or restriction such as a right of way or a covenant restricting building materials, size and number of buildings on the land or its use. Please contact us for assistance with these matters before signing a contract.

Chattels are goods sold with the property that are not attached so as to become part of it. These include floor coverings, internal window furnishings, external awnings, light fittings, television antenna and moveable dishwasher. Make sure than any moveable items included in the sale are listed in the contract. If they are not included, the vendor may remove them.

Regulations now require that smoke alarms be installed in all dwellings and units. The local council will guide you in the installation of smoke alarms. Even if smoke alarms are installed in the property you are purchasing you might check with the local council that the existing smoke alarms comply with the regulations.

Regulations require that suitable barriers (eg. fences) be provided to restrict access to swimming pools by children. If there is a swimming pool on the property please contact the local council as to the suitability of any fencing.

Occasionally buildings such as garages, bungalows, pergolas or carports and even extensions are built without a building permit or are built over sewerage mains without the consent of the water authority. If the relevant authority discovers this, it usually requires that the structures be demolished or changed to comply with regulations. This can be expensive. You should check with the local council building department that a building permit and final approval or occupancy certificate has been issued for all structures on the land (including the dwelling itself and any additions or structural improvements). If you believe the buildings have no permit or final approval you must consult us BEFORE you sign a contract.

All properties are subject to restrictions on use and development imposed by Municipal and State authorities. You should advise us immediately if you intend to alter the use of the property, subdivide or develop it. We will then confirm on your behalf that the proposed use or development is permitted by zoning and other regulations. The property will generally be zoned for a specific use, such as “Residential 1” or “Business Use Zone” etc. The zoning will be specified in the vendor’s statement attached to the contract. Please contact us if you are unsure of the zoning of the property.

You should ask the local council if there are any proposals for the area surrounding your property such as possible re-zoning, establishment of community facilities, widening of roads etc.

You should check with the local council if you suspect that the land may be subject to flooding.

Land is sometimes filled to level it. This can make building more expensive. If you have any reason to suspect that the land has been filled or you are buying vacant land, have an engineer inspect the land and provide you with a report.

Occasionally land used for residential purposes has been contaminated by previous use (usually industrial). If you have any reason to suspect that the land may be contaminated, please contact us immediately.

• Measurements
• Physical condition
• Services
• Water and sewer mains and storm water drains
• Proposed street, drainage and sewerage construction schemes
• Easements and restrictions
• Chattels
• Smoke Alarms
• Swimming pools
• Illegal Structures
• Zoning
• Proposals for the surrounding area
• Flooding
• Filled land
• Contaminated land

You should check all of these items even if you have already signed a contract.

PLEASE CONTACT US IMMEDIATELY AFTER YOU SIGN A CONTRACT TO ENSURE WE ARE ABLE TO COMPLY WITH ANY ESSENTIAL DATES IN THE CONTRACT AND PROTECT YOUR POSITION. The agent may fail to forward your copy to us in time.