Conveyancing Sale

Contact Details

Full Name

Contact Number

Date Of Birth

Message

Title

If you hold a copy of the title (s) to the land being sold, please provide it.

What is the address of the land being sold?

Is there more than one title or property address of the land being sold?

If you hold the original paper title(s) please provide them to us as soon as possible.

Is there a mortgage or caveat over the title?
Note: Usually, a lender will register a mortgage over the title to secure repayment of any loan. Sometimes a lender or person claiming an interest in the land will lodge a caveat on the title to identify their claim or interest in the land. Please tell us of any known or potential caveats on the title.

If yes, please provide:

Name of lender/mortgagee:

Estimate of amount required to discharge any mortgage(s):

Who is registered on title as the owner (name all persons if more than one)

If the registered owner is a company, trust or charity, please provide full details. (If uncertain clarify details with your accountant)

If the seller is different to the registered owner, please provide documentary evidence of your right to sell. (For example, your purchase agreement)

Are any car spaces, storage lots or other areas included in the sale? Please provide details or the plan of subdivision with lot numbers for any such areas included in the sale.

Yes

Are any car spaces subject to a congestion levy?

Land

Are you aware of any failure to comply with any restrictions imposed on the land by any easement, covenant or other right?
For example a garage that is built over a sewer pipe.

Yes

Is there access to the property by public road? (if access is over a neighbor’s land or public land, please provide details)

Yes

Have you received any demand, notice, order, requirement, proposal, declaration or recommendation of a public authority or government department affecting the land?
For example, an order from VCAT, a street construction charge, re zoning proposal, a contamination / clean up notice or a notice about works and/or subdivision by an adjoining owner.

Yes

If yes, please provide details.

Is the land and buildings insured?

Yes

What is the current use of the land?
For example a dwelling or shop or mixed use

Are you in occupation of the land?

If currently tenanted, are you intending to sell the land with vacant possession?

Please provide a copy of any tenancy agreement for the land and any disclosure statement issued to retail tenants.

Is the property over 0.41ha in the local council municipalities of Cardinia, Casey, Hume, Melton, Mitchell, Whittlesea or Wyndham and will this sale of the land trigger payment of the Growth Areas Infrastructure Contribution?

Are you aware of any contamination that could pose a risk to human health and or the environment

Are you aware of any fencing dispute on any of the land boundaries?

Are you aware of any encroachments that affect the land? For example, a neighbour’s shed and/or retaining wall is partly built on your land.

Have you received notice of any actual or proposed compulsory acquisition of any part of the land (such as an acquisition for road widening?)

Is the land in a bushfire prone area?

Are you aware of any easements that affect the land that are not shown on the title, title plan and/or plan of subdivision? (such as a regularly used walkway across your land)

Have any planning permits or building permits been issued or refused?

What is the expiry date for any planning permit?

Is the property sold with plans and permits?

Are you aware of any works that have been undertaken that would have otherwise require a building or planning permit (where a permit has not been obtained)?

How old is the building on the land?

Has an occupancy permit or certificate of final inspection been issued?

Are you aware of any breach of any planning and/or building permit(s) issued for the land? If yes, please provide particulars.

Is the land affected by any planning overlays?
For example, is any part of the land heritage listed and/or subject to public acquisition overlay.

Have you done any owner-builder works (works not completed by a registered builder)?
For example, renovated a bathroom.

Do you propose to do any owner-builder works before settlement?

Note-A building and defects inspection report is required for owner builder works and insurance may also be required.
For more information go to: Consumer Affairs Victoria Ph: 1300 55 81 81
Victorian Building Authority Ph: 1300 815 127

Have safety switches and smoke alarms been installed?

Is there a swimming pool / spa on the land?

Has a safety barrier or fence been installed?

Has the swimming pool/spa been registered with the local council?

Has a certificate of barrier compliance been obtained?

See Building Amendment (Swimming Pool and Spa)
Regulations 2019 (Vic)
Further information from the VBA

Does any building on the land contain flammable cladding?

Have you entered into or are you aware of any agreement with the local council to fund the works required to rectify flammable cladding on any building(s) on the land?
See part 8B in the Local Government Act 1989 (Vic)

Please provide a copy of the current council rates notice, water rates notice and land tax notice for the land.

If land tax is payable, is it payable at the general rate or the trust rate or absentee owner rate?

Is any vacant residential land tax payable?

Have you considered the Capital Gains Tax (CGT) consequences of the sale of the land?

Have you considered the Goods and Services Tax (GST) treatment of the sale of the land?

(For example is the price ‘plus GST’, ‘GST inclusive’ and does the margin scheme or going concern exemption apply)

Is the sale a taxable supply?

Yes

Note-usually the sale of new residential premises, commercial premises and vacant land are sold on a ‘plus GST’ basis, however it is very important that you seek external tax / accounting advice about GST implications (as our retainer does not extend to providing tax advice).

Is the land zoned for commercial or industrial use (to identify commercial and industrial property tax)

Is there any proposal to re zone the land and have you considered any issues in relation to the windfall gains tax (WGT)? For example, could the land be rezoned and become subject to the WGT.

Please circle the services connected to the land (or details of alternate supply)?

Electricity (mains connection) Gas (mains connection) Water (mains connection) Advise details if rural water, water tank(s)/dam or other than mains water supply Sewerage (mains connection) Septic tank and treatment plant in use