The local government holds the record of what has been approved on a property and what hasn’t.
We’ve written a list of questions for you to ask before you sign a contract.
The seven questions
- Is the property connected to the sewer and underground power? If not, will you have to pay the cost of connection?
- What is the zoning of the property and the adjacent properties? The zoning determines the type and density of development permitted.
- Do any planning restrictions apply?
- Is there any proposed development affecting the property?
- Are there any outstanding orders or requisitions, for example relating to health orders or swimming pools?
- Can you inspect the building plans of the property to check for unapproved structures?
- Can you get approval for the renovations or alterations you are planning? There may be environmental or heritage restrictions.
Why the timing matters
Before you sign, an answer you don’t like is a reason to negotiate the price, add a condition or walk away. After you sign, the property is yours to deal with and the cost of fixing anything falls on you.
An unapproved patio or a pool that has never been inspected doesn’t stop a sale going through, but it does become your problem the day settlement happens.
You may need the seller’s authority
Local governments won’t release everything about a property to somebody who doesn’t own it. To get the full picture you may need to ask the seller for a written authority, addressed to the local government, allowing them to release information about the property to you.
Ask the agent for this early. It takes time to obtain and the answers take longer again.
What your settlement representative does
Once you have a contract, your settlement representative obtains the orders and requisitions from the local government as part of the settlement process. That covers question five and picks up outstanding orders on the property.
The other six are yours to ask. They’re most useful before there is a contract at all.
Frequently asked questions
Which council do I contact?
The local government the property sits in. Perth is covered by more than 30 of them and the boundaries aren’t obvious, so check the address rather than the suburb.
Do they charge for this?
Some answers are free. Others, including a formal orders and requisitions search, carry a fee. Ask what each one costs when you call.
What if the seller won’t give me an authority?
Treat it as information in itself and take advice before you sign. You can also put a condition in the contract making the sale subject to answers you find satisfactory.
Talk to us before you sign
We act for buyers and sellers on residential and commercial property settlements across Perth and Western Australia.
Call the settlements team on (08) 9220 4430 or download an itemised quote for your own purchase.
Related: Help! My home has unlawful buildings
This list is not exhaustive and it is not legal advice. Every transaction is different and you should seek professional assistance if you need it.
