export · Additional Resources

Land

  1. Is the land liable to flooding or to subsidence?
  2. Are there structures or services under the surface which may interfere with the present or future use, enjoyment or development of the land?
  3. Is the land physically suitable for your intended purpose?
  4. Are there any other matters which may affect the quality or the value of the land, including current or potential matters affecting its view, light or access?

Location

  1. Are there any current or proposed parking restrictions in front of or near the property?
  2. Are there any current or proposed changes to traffic flow or any new main roads nearby?
  3. Are there any proposed road closures near the property?
  4. Is there any current or pending development which may affect the neighbourhood or the use, enjoyment and value of the property, such as commercial, multi-residential, communal developments, shopping centres, schools, swimming centres, sports complexes, churches or cemeteries?

The subject matter of the sale

Enquiries should be made regarding the following matters—

  1. What is the land's title description?
  2. Is there any survey certificate or survey plan showing:-
    1. the dimensions of the land;
    2. the improvements on the land?
  3. Encroachments:-
    1. Are there any encroachments over adjoining land (by buildings or improvements) which should be included in the sale?
    2. Are all side walls of any building, and the roof, eaves, guttering or pipes situated wholly within the land being sold?
    3. Is there any building, improvement, roof, wall, eaves, guttering or other projection from adjoining land encroaching over the land being sold?
  4. Chattels:-
    1. What chattels are included in the sale?
    2. Are any floor coverings, loose carpets, rugs, wall hangings, linoleum, door mats, curtains, blinds, light fittings, television antennae, kitchen stoves, refrigerators, air-conditioning, swimming pool equipment, moveable partitions, furniture or any other chattels included in the sale?
    3. In addition to any items listed in paragraph (ii), on a sale of a commercial or industrial property, are there any machines, equipment, plant, shelves, partitions or neon lights included in the sale?
    4. Is the goodwill of a business included in the sale?
    5. Is any livestock included in the sale?
    6. Should the value of the chattels be apportioned for stamp duty purposes?
    7. Are any chattels included in the sale:
      1. leased;
      2. subject to a hire-purchase;
      3. subject to any mortgage or charge;
      4. tenant's fixtures?
    8. What fixtures are included in the sale?
    9. What plants, trees, potted shrubs or plants, garden equipment, garden fittings, garden furniture, pottery or sculpture are included in the sale?
    10. Does the vendor intend to remove any items currently included in (viii) and (ix), such as trees or plants growing in the soil? (If so, these should be covered expressly in the contract.)

Services

  1. Check the availability and position of parking for vehicles, including for you, your employees, tradesmen and customers.
  2. Check the availability, position, ownership and condition of services and connections, including electricity (including, if required, industrial phase power), gas, water, sewerage, drainage, telephone, heating, cooling, lighting and air-conditioning.
  3. Check the availability and condition of toilet, washing and cooking facilities.
  4. Have any of the services joint connections with some other property?
  5. Are the mains or pipes of any supply authority situated under the surface of the land?

Improvements

  1. Are the foundations, walls, floors, ceiling, roof, gutters, etc., structurally sound and in good condition?
  2. What is the condition of the timbers?
  3. Should inspection be arranged through any one of the following: an architect, engineer, builder or pest control expert (for borers, white ants, woodworms, etc.)?

Inclusions

Should the condition or state of repair of the inclusions, i.e. plant, chattels, etc, in the sale be referred to an expert?

Local Government and environmental matters

  1. Have the buildings and improvements been erected legally?
  2. Is there a certificate of classification under the Building Act 1975?
  3. Has the local council made an order under Pt VI of the Building Act?
  4. Are any building alterations necessary? If so, consider their feasibility and cost.
  5. Do the premises comply with fire, health and safety regulations?
  6. Is there any problem relating to pollution, emission of smoke, dust, fumes, noise or vibration, either from the premises or from nearby premises, which affect the property sold?
  7. Is the use of the land for its current use, or for the purpose for which you intend to use the land, authorised?

Proposals

  1. Is the land or the building affected by any current or future proposal?
  2. What is the current zoning?
  3. Is there any proposed road widening or resumption?
  4. Are there any proposals which might affect the land or building, including any by the:-
    1. Beach Protection Advisory Board (Beach Protection Act 1968);
    2. Education Department;
    3. Electricity Commission;
    4. National Trust of Queensland (National Trust of Queensland Act 1963);
    5. Housing Commission;
    6. Mines Department (under Mining Act 1968; Coal Mining Act 1925; Petroleum Act 1923);
    7. Public Transport Commission;
    8. State Rail Authority;
    9. Any other public authority?
  5. Is the property on the path of major flight routes of aeroplanes?
  6. Is there any natural gas pipeline intended to be situated under the surface of the land?

Cooling Off Period

Even if you sign a contract and then start to have concerns about the contract you still have a 5 day cooling-off period during which you can terminate the contract.



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