Government & other searches when buying a home
Land Tax Clearance Search $53.10
State Government - Land Tax Search *** CRITICAL SEARCH *** The State Government charges land tax against all owners who have sufficient properties to exceed the State Government's threshold. If there is land tax owed on a property at settlement, and settlement goes ahead without that tax being paid, then the new owners must pay that land tax. When there are land tax problems (or land tax debts) they are often very large (tens of thousands of dollars, and occasionally hundreds of thousands of dollars). All these debts must be repaid so they don't burden the new owners. For this reason, it is critical to thoroughly check that all land tax has been paid, before settlement proceeds.
Title Search $25.88
State Government - Title Search *** CRITICAL SEARCH *** The Government's property transfer forms will only be able to be registered if they precisely follow the wording and information on this search. Shows full names of current registered owners. Shows all registered mortgages (ie loans which must be repaid prior to or at settlement). If these loans are not repaid prior to settlement, then they will become the new owner's liability. Shows all registered caveats and claims by third parties against the property (eg money claims, or claims of ownership) - that must be resolved prior to or at settlement. Will show all registered easements or other rights against the property (including long-term leases). Will usually show registration of a bankruptcy trustee's interests (if applicable). Will often show registration of a current resumption (if applicable). Will often show registration of owner builder interest (if applicable, and recent).
Check Search $25.88
State Government - Check Search *** CRITICAL SEARCH *** This is another Title Search, carried out on the morning of settlement. It regularly happens that a person or company who has a claim against a seller, learns of the sale, and lodges a claim against the property between the date of contract and the date of settlement. Any such claims must be removed (and resolved) prior to settlement - otherwise they may prevent the new owner becoming registered, or they may mean there are claims against the new owner. Therefore, this search is critical (and most Banks will not advance money for settlement without this search).
Data Protection & Electronic Encoding $32.00
Data Protection & Electronic Encoding Fee
Several State and Federal Laws apply to Legal firms, requiring client information and documents to be stored for a period of at least seven (7) years. This requirement cannot be ignored, or contracted away. In practice, we have found that clients and Government agencies make requests for documents and information beyond this seven (7) year period. We have had requests for documents up to 15 years later ! To comply with these requirements, we have made arrangements to ensure that all key information is permanently and safely (secured) stored in multiple locations off-site ... so that it can be retrieved as you need in the future ... with a minimum of difficulty (or cost). This fee represents a professional fee to cover the costs of the many people who will attend to this task over the course of the matter, and then again once it is complete (over many, many years).
Settlement Attendance $85.00
Settlement Attendance - Legal Fees
For matters settled by way of a paper settlement we send a representative to the settlement location, to meet with the Seller's representatives and all other settlement representatives (for example - releasing banks). This will usually also involve arranging Trust Account Cheques and attending banks to obtain Bank Cheques prior to settlement. At settlement itself, this will require careful cross-checking of all title documents and ownership documents, to ensure that the property is purchased free and clear. For matters settled electronically we attend to the same arrangement by way of electronic communications with the various parties. The amount represents a professional fee for the time incurred by the several people who will attend to this task.
Land Check Report $45.00
A comprehensive data report on discoverable Planning and Development Permits and Applications and their current status, lot location identification and council overlays.
Full Rates Certificate - Improved (incl water meter) $277.55
(10 bus. days)
Rates - the current rates position If any rates aren't paid at settlement, the new owners take full responsibility. Therefore, it is very important to make sure there are no outstanding rates. It is reasonably common for large amounts to be owning (several thousand dollars) and so this information is very, very important to have prior to settlement. Water Meter Reading The same as for rates on a property, if there is any water that has not been paid for up to the settlement date, the new owners take full responsibility. Therefore, it is very important to make sure there are no outstanding water bills. It is also important to obtain an up-to-date water meter reading. In the past 20 years that we have been in practice in this field, we have seen very large and very unexpected water bills (usually caused by leaks, or malicious persons leaving taps running). Thankfully, in every case, we had strongly suggested our clients obtain a special water meter reading, and they had followed our suggestions. Road Acquisitions and Study Areas It is possible that Council may disclose its possible future interest in using part of the land for a future road (if it has any such interest). However, the answers to these queries are not conclusive. Council may not make a decision, or may make an unexpected decision. It is not possible to obtain a conclusive answer on Council's future actions. However, if this is a field that concerns you, we would strongly recommend that you appoint a professional Town Planner to carry out an investigation, and provide the best estimate possible of future potential outcomes. Flooding information Usually, purchase contracts do not have conditions in them allowing the contracts to be cancelled if the property is discovered (eg by search) to be flooded. On the other hand, if the flooding information is unexpected, then it may cause the Buyers to reassess their decision to proceed, and to obtain legal advice on whether they may have any options other than simply "copping it on the chin". Finally, it is worth noting that Councils when the provide flood information always use wording to make sure that they cannot be held legally liable if the information is wrong. They use "weasel words". If flooding might be a serious problem (eg preventing a development) then it would be worth both obtaining this search result - and also engaging a hydraulic engineer to prepare a thorough report. Natural Asset Local Law information This is typically orders for "Vegetation Protection". It will usually apply to property that: (a) is near a river or a waterway, or (b) has one or more Significant Landscape Trees, (c) is in a bushland area, or (d) in an Emerging Community area or other urban area with large trees. For any vegetation that is protected, there are significant fines (and possible criminal penalties) for interfering with that vegetation.
ASIC Current Company Extract (ONLY IF SELLER IS A COMPANY) $17.37
This search only applies to a seller which is a company. This search shows whether the Seller is in liquidation, or some other form of administration. Obviously, it would be a terrible thing to pay money for a property, and then to have the property claimed back because the persons selling did not have authority to sell, or the company no longer existed (i.e. the sale was legally ineffective). For these reasons, this search is very important when the seller is a company.
Building and Plumbing Approvals Report - RESIDENTIAL $301.55
(10 bus. days)
Building Records Search - residential only This search lists details of all approved building permits/applications for a property. Some Councils (eg Brisbane) have some records back to 1946, but there are "gaps" when records have been lost (eg because of floods). It does not include copies of any building plans - but is required in order to be able to order those plans. It does not show information about building inspections - but is required in order to be able to order more information about building inspections. Finally - it does not show whether the building has been constructed in accordance with building plans or meets current building standards - for this information, it would be better to appoint a duly qualified building inspector to advise.
Location check (map) $0.00
Obtaining a brief plan (no measurements) of the location of the property, for a quick check that the right property is being transferred.
Plan Search $27.54
State Government - Registered Plan This search shows the survey plan which "created" the land. The plans may be very recent, and quite readable (with metric measurements, clearly written). Older plans may use very old types of measurement (eg "roods") ... but should still indicate surrounding roads making it possible to identify that the correct property is being purchased. This, of course, is the reason for the search - and it is a very important reason. If after obtaining the plan things aren't clear - then you should contact a professional surveyor to attend at the property and check the location and boundaries. It is always wise to employ a professional surveyor to attend and inspect the property where there are buildings on the property that are quite close to the boundaries (within 2 metres) or where it is intended to construct a building or an alteration similarly close to the boundaries.
Queensland Transport: Property Search $42.89
(10 bus. days)
State Government - Main Roads The Councils are responsible for the "minor" surface roads around our State. The State Government is responsible for freeways and other "Main" roads. This search will show whether there are any current notices for resumption, or "near term" plans for resumption of the part of the road itself. However, this search will not show "nearby" roads which might in some way affect the property eg by noise or dust. Also, this search does not predict future road proposals. The State Government may not make a decision, or may make an unexpected decision, or may change it's mind entirely. It is not possible to obtain a conclusive answer on the State Government's future actions. If the nearby opening of a main road is a question that concerns you, we would strongly recommend that you appoint a professional Town Planner to carry out an investigation, and provide the best estimate possible of future potential outcomes.
National Bankruptcy Search (per name) $26.88
Bankruptcy Search This search only applies to a seller which is a person. This search shows whether the Seller is in bankruptcy, or some other form of administration. Usually, bankruptcy will appear on the title search, but there is a small risk of a very recent bankruptcy where the bankruptcy trustee has not yet managed to register their interest (unusual, but theoretically possible). Obviously, it would be a terrible thing to pay money for a property, and then to have the property claimed back because the persons selling did not have authority to sell (because they were bankrupt). For these reasons, this search is very important when a seller is a person. ***Please note that the cost is $25.85 per Seller - if there is more than one person or entity selling the property, then an additional fee of $25.85 per Seller will be deducted at settlement.
Personal Property Security Register (per name) $22.50
Personal Property Security Register A person can buy items to put in or on a home (such as solar panels, or air-conditioners, or even possibly furniture). They can borrow money to purchase that item. The Lender can take a "security" interest over the property ... so they have rights to come into a property and take it back. They can register that security interest with the Personal Property Security Register. There are restrictions on registering charges over something that is attached to the real estate and becomes a "fixture" of that real estate ... such as ducted air-conditioning, or a fixed installed built-in airconditioner. However ... the Buyer of a property does not want to have an argument with a finance company for something the Buyer had nothing to do with. In short ... when purchasing a property if the inclusions have items which are quite valuable, then it is worth carrying out a PPSR search to make sure there is no money owing on those items. Examples could include - expensive pool cleaning equipment, a valuable BBQ being purchased with the property, and so on.***Please note that the cost is $11.60 per Seller - if there is more than one person or entity selling the property, then an additional fee of $11.60 per Seller will be deducted at settlement.
Queensland Building and Construction Commission: Insurance Search - Residential Only $64.00
(8 bus. days)
State Government - BSA insurance search
This only applies for recently constructed properties, and shows whether the State Government has insurance details for the Builder that conducted work. It is only of use if you already have details (eg copies of approved plans) for the work conducted, and there is some risk that the work was carried out by an owner builder, or an unlicensed builder.
Mines and Energy: Undermining Search (Per Lot) $60.37
(13 bus. days)
Mines and Energy - Undermining Search
Only normally relevant for areas that may be affected by underground mining, for example - Ipswich and surrounding suburbs.
According to the State Government's website: "The Undermining Search reveals all specific details of the undermining and the Department provides back specific and detailed information relating to the affectation."
This search will reveal any known voids underneath the property or shaft or tunnel entrances on the property.
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Mines and Energy: Undermining/Shaft Search (Per Lot) - Gympie Region $59.02
(5 bus. days)
Mines and Energy - Undermining Search
Only normally relevant for areas that may be affected by underground mining, for example - Ipswich and surrounding suburbs.
According to the State Government's website: "The Undermining Search reveals all specific details of the undermining and the Department provides back specific and detailed information relating to the affectation."
This search will reveal any known voids underneath the property or shaft or tunnel entrances on the property.
Mines and Energy: Property Search (Per Lot) $114.84
(10 bus. days)
Mines and Energy - Property Search
Only normally relevant for areas that may be affected by underground mining, for example - Ipswich and surrounding suburbs.
Property Search reveals if undermining is indicated relevant to a property. It a high level search and indicates presence only of existing or previous underground mines and tunnelling that could possibly result in subsidence.
EPA: Contaminated Land Search $68.15
State Government - Contaminated Land
Will show if the Government has registration that the property (or any part of it) was used for a purpose likely to cause contamination to the Land. There are special Government and Council requirements that must be met before there is any improvement (ie development) of such land.
Dep Housing and Public Works: Transport Noise Corridor Search $20.42
State Government - Transport Noise Corridor
Designated transport noise corridors are state-controlled roads, railways or local government roads that have been designated by the relevant state or local government under the Building Act 1975. New residential buildings and alterations e.g. renovations and additions to existing residential buildings in designated transport noise corridors need to comply with the Queensland Development Code (QDC) Mandatory Part (MP) 4.4 ‘Buildings in transport noise corridors’ ( 123 KB). Under the Code, buildings need to achieve certain levels of noise mitigation through the use of appropriate materials for the floor, walls, roof, windows and doors. A free online search tool can be used to find out if a property is located in a designated transport noise corridor. The tool allows searches on a registered lot number and/or property address to determine if and how the Code applies. Go to http://www.dlgp.qld.gov.au/building/transport-noise-corridor-search-tool.html
EPA: Coastal Development Approvals Search $202.70
(21 bus. days)
State Government - Coastal Development Approvals
According to the State Government, this search shows: "tidal works approvals pursuant to the Sustainable Planning Act 2009 (including s. 86 of the Harbours Act 1995; s. 66 of the Harbour Boards Act 1892; s. 15 of the Gold Coast Waterways Authority Act 1979; and tidal works approvals prior to 18 November 2005)."
As property conveyancing lawyers (with 20+ years experience) we have no idea what these things mean. If you are buying a property that is immediately adjacent to the sea, or tidal creeks or rivers, then we strongly suggest that you appoint a town planning professional to advise on all the laws and implications of the site that you are buying. Only this way can you be sure about how State Government and Council will deal with the property, and with any use you wish to make of the property you are buying.
EPA: Heritage Search (Charged Per Lot) $60.37
(5 bus. days)
State Government - Cultural Heritage
Records of significant sites are kept in the Aboriginal and Torres Strait Islander cultural heritage database and register, which are administered by State Government.
This search will determine whether the property being purchased is currently recorded as having (or being part of) a "significant site".
Telco Cable Search (Charged per plan) $152.46
(7 bus. days)
Telco Cable Search
Please note that this is a limited search. The company itself says about this search: "The Telco Cable search will advise of any major network cables (including Optic Fibre) belonging to Telstra, Optus, UEcomm and PowerTel that pass through the specified property(s). For your general information, cable layout plans and photos (if available) will be provided. Please note that only the existence of cabling is depicted, NOT the position. Cables may generally lie anywhere within the area shown, as these plans are not drawn to scale and are only intended to depict the cabling layout." In short - the information provided is not guaranteed to be correct, and it is possible that there are cables where you do not expect. A licensed electrician may be better able to locate cables using their electronic equipment and some common sense (while actually inspecting the property).
Country Energy (Origin) $66.19
(10 bus. days)
Power Search These searches (in theory) provide information about whether there are "assets" on the property, which may (or may not) indicate underground power lines, transformers, and other power supply hardware. Also - these searches show whether property is connected to the property, or not currently connected but available to the property.
Powerlink Property Search - Standard (Per Plan) $77.40
(10 bus. days)
Powerlink search
"Powerlink" is the corporation responsible for major power lines. According to their website: "Our Property Search Service can help you find out whether Powerlink has an interest in or within 500 metres of a property, or if a property is in a current investigation area". In short - whether there may be a major powerline installed on or nearby the property.
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Powerlink Property Search - Urgent (Per Plan) $91.59
(2 bus. days)
Powerlink search
"Powerlink" is the corporation responsible for major power lines. According to their website: "Our Property Search Service can help you find out whether Powerlink has an interest in or within 500 metres of a property, or if a property is in a current investigation area".
In short - whether there may be a major powerline installed on or nearby the property.
QCAT: Neighbourhood Disputes Search $24.90
(10 bus. days)
Tree Application Register Enquiry
QCAT allows non-parties to access the register of proceedings via inquiry to determine whether any tree applications have been filed in QCAT pursuant to the Neighbourhood Disputes Resolution Act 2011 (Qld). The search will show the date of application, the case number, the names of the parties involved and the current status of the case (at the time of request).
Dept of ATSI & Multicultural Affairs: Cultural Heritage Search Request - select one of categories 1 - 5 $18.70
(20 bus. days)
Category 1
Activities involving No Surface Disturbance.
A short description of any cultural heritage recorded on the database and register will be provided together with the contact details of the relevant Aboriginal or Torres Strait Island party for the search area.
***Please note - this search is not possible for properties located in Rockhampton Regional Council.
Category 2
Activities causing No Additional Surface Disturbance.
A short description of any cultural heritage recorded on the database and register will be provided together with the contact details of the relevant Aboriginal or Torres Strait Island party for the search area.
***Please note - this search is not possible for properties located in Rockhampton Regional Council.
Category 3
Developed Areas.
A short description of any cultural heritage recorded on the database and register will be provided together with the contact details of the relevant Aboriginal or Torres Strait Island party for the search area.
***Please note - this search is not possible for Rockhampton Regional Council.
Category 4
Areas previously subject to Significant Ground Disturbance.
A short description of any cultural heritage recorded on the database and register will be provided together with the contact details of the relevant Aboriginal or Torres Strait Island party for the search area.
***Please note - this search is not possible for properties located in Rockhampton Regional Council.
Category 5
Activities causing Additional Surface Disturbance.
A short description of any cultural heritage recorded on the database and register will be provided together with the contact details of the relevant Aboriginal or Torres Strait Island party for the search area.
***Please note - this search is not possible for properties located in Rockhampton Regional Council.
Dep Housing and Public Works: Pool Safety Register Search $20.42
Pool Safety Register
Identifies if the register shows that there is a current pool safety certificate for a property. This can be relied on for any sale or lease of a regulated pool.
DNRM: Foreign Ownership Search $25.09
(2 bus. days)
Provides a computer print-out of the details recorded in the foreign ownership of land (Act 1988) register of interest held by a person against the requested lot and plan. Additional fees will apply for multiple vendors, which we will deduct at settlement.
DNRM: Regulated Vegetation Management Map and Vegetation Management Supporting Map $18.70
The Regulated Vegetation Management Map shows vegetation categories on your property and is used to determine clearing requirements. Supporting maps are provided as attachments when you request a copy of the regulated vegetation management map. They provide information on regional ecosystems, wetlands, watercourses and essential habitat.
EPA: Coastal Management District Search $18.70
This search establishes whether land adjacent to tidal water (including land on the coast) is subject to the provisions of the Coastal Protection and Management Act 1995.
National Native Title Tribunal: Search of Tribunal Registers $18.70
(4 bus. days)
Search of Tribunal Registers
Search of register and schedule information to find out whether an area of land or water is covered by a native title determination, application or indigenous land use agreement (ILUA). The Native Title Registrar maintains three registers:
1. the Register of Native Title Claims;
2. the National Native Title register; and
3. the Register of Indigenous Land Use Agreements.
The Tribunal also maintains a schedule of native title applications which includes claims which have not been registered. The NNTT only holds the non-freehold dataset.
Comprehensive Body Corporate Search $473.10
(21 bus. days)
Comprehensive Body Corporate Search
Building Envelope Plans $140.61
(5 bus. days)
Building Records - Building envelope A "Building Envelope" is (in short) an area where the Council has determined a building should be constructed (excluding other parts of the land). This search would be most relevant for vacant land, or land where building extensions are planned.
Approved as constructed drainage plan (residential) $23.42
(10 bus. days)
Drainage Plans - As Constructed The council will sometimes have "as constructed" plans for the stormwater and other drainage at the property. Other times the Council's records will be incomplete (or the records will have been lost or damaged by flood etc). The plans, if available, may be useful if development is proposed, but in every case it would be crucial to appoint appropriate professionals to check actual locations as they may vary from the plans (we suggest starting with a suitably qualified plumber). Also these plans may not show all infrastructure (eg large underground drains) and if development is proposed we always recommend that a professional town planner first be appointed to advise on the specific development proposed.
Flood Information Search $23.42
(5 bus. days)
Flooding information Usually, purchase contracts do not have conditions in them allowing the contracts to be cancelled if the property is discovered (eg by search) to be flooded. On the other hand, if the flooding information is unexpected, then it may cause the Buyers to reassess their decision to proceed, and to obtain legal advice on whether they may have any options other than simply "copping it on the chin". Finally, it is worth noting that Councils when the provide flood information always use wording to make sure that they cannot be held legally liable if the information is wrong. They use "weasel words". If flooding might be a serious problem (eg preventing a development) then it would be worth both obtaining this search result - and also engaging a hydraulic engineer to prepare a thorough report.
SEQ - Energex: Property Search - standard $66.19
(10 bus. days)
Power Search - South Queensland
These searches (in theory) provide information about whether there are "assets" on the property, which may (or may not) indicate underground power lines, transformers, and other power supply hardware. Also - these searches show whether property is connected to the property, or not currently connected but available to the property. ***Please note this search is only possible for properties located in Brisbane, Gold Coast, Gympie (some), Logan, Redland, Somerset, Southern Downs (some), Sunshine Coast or Scenic Rim regional council.
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SEQ - Energex: Property Search - urgent $101.59
Power Search - South Queensland
These searches (in theory) provide information about whether there are "assets" on the property, which may (or may not) indicate underground power lines, transformers, and other power supply hardware. Also - these searches show whether property is connected to the property, or not currently connected but available to the property. ***Please note this search is only possible for properties located in Brisbane, Gold Coast, Gympie (some), Logan, Redland, Somerset, Southern Downs (some), Sunshine Coast or Scenic Rim regional council.