Buyer Questionnnaire and Authority Residential Bussines

  • Questions for Buyer of Residential Property Bussines

  • Buyer and contact details

  • Format: (000) 000-0000.
  • Format: (000) 000-0000.
  • 9. Is this email checked regularly during the day, every day?
  • 10. Will the primary contact be contactable for the entire duration of the transaction?

  • We must be able to contact each Buyer (and potentially meet with each Buyer) throughout the conveyance. It is your obligation to stay in contact with us as your rights may be negatively affected if we are unable to do this.

  • 12. GST - registration status:
  • 14. Is the name on the Contract exactly the correct name under which the Property is being purchased?

  • If no, call us immediately

  • 13. Does the Contract include all the names of individuals or entities proposing to purchase a share in the Property?

  • If no, call us immediately

  • 14. Are any of the Buyers purchasing on behalf of another party?

  • If yes, call us immediately

  • 15. Is any Buyer a company?
  • 1. Is the company owned or controlled by foreign persons?

  • If yes, also answer the Foreign Ownership section below.

  • 2. Where is the company incorporated?
  • 4. Has the company provided a copy of corporate resolution or written confirmation authorising a director or employee to give instructions?

  • If no, please provide written authorisation when returning this Questionnaire and Authority.

  • 5. Are you intending to change the shareholding of the Buyer company in the next three years to foreign shareholders?

  • (Note this may affect foreign acquirer duty payable in the future.)

  • 16. If any Buyer is purchasing as trustee?
  • 1. Is the trust correctly described in the Contract?
  • 2. Are any of the beneficiaries of the trust foreign persons or foreign corporations?
  • 3. Have you provided to us or your financier all relevant trust deeds and any deeds or documents varying the trust terms - either:a. original copies;b. copies certified as a true and correct copy on every page of the copy by a solicitor, Justice of the Peace or Commissioner of Declarations; orc. the relevant Titles Queensland registered dealing numbers for the trust?

  • If no, please immediately make arrangements to provide to us or your financier.
    Please note that this evidence is critical to registering the transfer of the Property into your name as trustee for the trust. You should also give us a copy of any trust documents you have given to your financier.

  • 4. Was any deed signed after 15 May 2020?

  • If yes, please contact us to discuss what documents we may require from you.

  • 17. Is any individual Buyer not an Australian Citizen or permanent resident of Australia?
  • 01. If any Buyer is a company or a trustee of a trust, is the company or trust owned or controlled by foreign persons?
  • 02. a. If the answer to either of the above questions is Yes – has the Foreign Investment Review Board (‘FIRB’) issued a no objection notification for the purchase of the Property?
  • b. If FIRB has not issued a required no objection notification, have you ensured that you have sufficient funds required for the application (which may be significant) in addition to the funds required for settlement?

  • 03. The Queensland Revenue Office requires us to provide the following information.

    If any Buyer is a company or other entity formed outside Australia, or a trustee of a trust with non-Australian tax residence, please provide the following information:

  • 18. Is a Buyer acting through an attorney appointed under a Power of Attorney?

  • 1. Have you provided us with either:

  • a. the original Power of Attorney; or
  • b. a copy of the Power of Attorney certified as a true and correct copy on every page of the copy by a solicitor, Justice of the Peace or Commissioner of Declarations; or
  • c. if the Power of Attorney is registered with Titles Queensland – the registration dealing number?

  • If no, please provide us with one of these as soon as possible.

  • 2. Was the Power of Attorney signed by Audio-Visual conference in electronic form between 15 May 2020 and 30 June 2021?

  • If yes, please contact us to discuss what documents we will require from you.

  • 3. Have you received a notice that the Power of Attorney has been revoked?
  • 18. Is the Buyer purchasing a lot in a Community Titles Scheme or Building Units and Group Title Parcel e.g. unit, townhouse?*

  • If yes, complete relevant parts of Annexure B

  • Annexure B

  • 1. As part of Seller Disclosure, did you receive a Body Corporate Certificate and copy of registered Community Management Statement as part of Seller Disclosure before you signed the contract?*
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  • 2. Would you like us to obtain copies of the Caretaking and Letting Agreements/Contracts between the Body Corporate and Contractors, and provide an advice?*

  • Please note that we will charge additional fees for any advice on the Caretaking and Letting Agreements/Contracts.

  • 3. Are you aware of:

  • a. any proposal to record a new Community Management Statement or amend, add or repeal the by-laws or a notice of meeting for that purpose (which may include proposed adjustments to lot entitlements within the Scheme)? or
  • b. any lack of, or unresolved, body corporate consents to improvements made or proposed by the Seller to common property, including existing alterations and alterations or additions not yet effected or approved that are not in place? or
  • c. whether the exclusive use allocations given to the lot are not recorded or will be changed in the Community Management Statement (for example, car parking)? or
  • d. a change or proposed change in the insurance details for the building and public liability for the Body Corporate?

  • 4. Are you aware of:

  • a. any defects in the common property or Body Corporate assets (for example, substantial building work that requires repair, which can include common boundary walls of the lot or exclusive use areas and may include repairs required as a result of issues such as concrete cancer, structural or water issues and rectification works required because of the use of combustible cladding on the building - Please refer to the Booklet for further details on these matters)? or
  • b. any actual or contingent or expected liabilities of the Body Corporate not part of the Body Corporate’s normal operating expenses (for example, litigation costs, special levies, unfunded capital expenditure and litigation)? or
  • c. any proposal for the Body Corporate to fix a special contribution to be levied on lot owners or the issuing by the Body Corporate of a levy notice for a special contribution? or
  • d. anything else you are aware of regarding the affairs of the Body Corporate which may affect you?
  • 5. Are you expecting any courtyards, car spaces, balconies, storage areas as part of your purchase?
  • 6. Are you aware of any car parks, courtyards, air conditioning units, pergolas, rainwater tanks or other items, which appear to be used in connection with or benefit the lot being purchased?
  • 7. Are there any improvements on common property (e.g. pool, gym, spa, BBQ areas etc.)?
  • 8. If buying a lot in a Community Titles Scheme (‘CTS’), have you obtained insurance over all improvements including contents installed after establishment of scheme?
  • 9. Are you aware of any notice of a by-law contravention relating to the Lot from the Body Corporate or a Principal Body Corporate which has not been fully complied with by the Seller or otherwise remains in effect?
  • 10. Are you aware of any notice of any proposed meeting of the Body Corporate or a Principal Body corporate that is to occur after the expected Contract Date?
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  • 19. Are you able to attend at our office so that we may undertake an identity check?Please refer to the To-Do List for the documentary evidence that will be required for an identity check.

  • If no, we will discuss an alternative method of identity check, such as Australia Post.

  • 20. Do you have both a passport (current or expired within the last two years) AND a drivers’ licence (current)?

  • Property location

  • 21. Is the Property address correctly described on the Contract?

  • If no, call us immediately.

  • 22. Have you reviewed and initialled the attached plan (and SmartMap) to confirm the highlighted lot on plan is the Property being purchased?*

  • If no, please review and initial and return with this Questionnaire and Authority.

  • 23. Do you have any concerns about the Property boundaries or potential encroachments?*

  • If yes – you should brief a surveyor as soon as possible.

  • 24. Are you aware of any particular or unusual features or location of the Property?
  • 25. Does the Property have access to the adjacent road?*
  • 26. Is the Property close to a main road, rail line, high voltage power lines, airport, creek, lake, beach or river?*
  • 27. Is the Property near any major infrastructure projects (e.g. busway)?*
  • 28. Is the Property in an area affected by floods or cyclones?
  • 29. Is the Property in a known mining district?*
  • 30. Are you aware of any mining tenures or exploration permits that affect the Property?*

  • Use of Property

  • 32. Has the Seller or its real estate agent represented that the present use is possible or lawful?
  • 33. Are you aware if you are the first Buyer of this Property (e.g. a new house and land package or new residence after demolition)?
  • 34. Are you acquiring the Property in connection with the carrying on of a business enterprise?
  • 35. Are you aware of other uses of the Property prior to its current use?
  • 36. Are you aware if the Property is heritage listed or subject to a heritage agreement at either a Local, State or Commonwealth level)? Are you aware if the property is on the world heritage list?*
  • 37. Do you suspect that the Property may be contaminated?*
  • 38. Have you received any notice or documents from the Seller or its real estate agent about contamination of the Property?*
  • 39. Do you have any future plans or additional intended use for the Property (e.g. subdivision, building works, renting out the Property after settlement, business premises)?
  • 40.If you are acquiring the Property for development, are you proposing to carry out development under an existing approval for the Property?
  • 41. Are you acquiring the Property for any entitlements that you believe attach to the Property (e.g. rights of access, pontoon / jetty use / marina/ or similar, transferrable dwelling entitlements, infrastructure offsets or credits)?
  • 42. Are there physical features which may impact upon your use of the Property e.g. manholes for sewer, private foul water line?*

  • Other Property matters

  • 43. Did any of the Buyers receive (physically or electronically) the Seller Disclosure Information Statement and attached certificates before the first Buyer signed the Contract?*
  • 44. Do you know of any unregistered or statutory encumbrances or interests affecting the Property (including oral agreements) such as: a. an unregistered lease or residential tenancy; b. if there is a mining arrangement, any access agreement, opt-out agreement, deferral agreement, or conduct and compensation agreement for resources activities affecting the Property; c. any signed unregistered charge, mortgage, easement or rights to take resources from the Property; or d. is there any infrastructure on the property e.g. sewerage or drainage pipes, telecommunications towers etc or electrical facility (owned by the Commonwealth, State or local government or public utility provider) which may indicate the existence of a right to access the Property for maintenance or inspection?*
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  • 45. Are you aware of any services (e.g. gas, water, sewerage) on or under the Property which do not service the Property (i.e., services which relate to a neighbouring property)?*
  • 46. Are you aware of any services for the benefit of the Property that pass through other land?*
  • 47. Has the Seller or its real estate agent given you any notices that relate to the Property from any authority?
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  • 48. Are you aware of whether the Property is affected by a proposal or notice issued by a competent authority to locate transport infrastructure on the Lot or alter the dimensions of the Lot?*
  • 49. Are you aware whether the Property is affected by a notice of intention to resume all or any part of Property?*
  • 50. Are you aware of any significant earthworks on the Property (excavation or filling) that have altered the ground level of the Property? In some cases, earthworks will require a development approval (depending on the extent of any changes in ground levels). Unapproved or defective earthworks may create expensive rectification obligations.
  • 51. Have any promises or representations been made by the Seller's real estate agent in relation to the Property (e.g. items included in the purchase such as carparks, air-conditioning units, views or future benefits of the Property)?
  • 52. If the Property was purchased at auction, did the Seller (or someone on behalf of the Seller) make any bids?
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  • If yes to any of the above, or you have received other documents or disclosures, please provide these to us. Please do not assume that the real estate agent or Seller has provided us with all documentation provided to you. These documents may affect your rights and it is important that we receive copies of all documents you have received so that our advice is accurate.

  • 53. Is there a pool on the Property (including adjacent land used with the Property) or common property?*
  • 54.Did you receive a copy of any documentation relating to an application or order made by Queensland Civil and Administrative Tribunal for trees relating to the Property?*
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  • 55. Are you aware of any disputes, notices, applications or orders relating to dividing fences or trees?*
  • 56. Are you aware of any building covenants affecting the Property or is the Property part of an estate/development?
  • 57.Have you signed any document relating to any covenants?
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  • 58. Do you have reason to believe that work may have been conducted on the Property by an owner builder in the last six years?*
  • 59. If there is a building or other improvement on the Property, have you obtained insurance over all improvements including building and contents?
  • 60. Do you have any concerns about the Property or Contract? Are there any issues we should be aware of?
  • 61. Is there anything else we should know about the Property or the purchase?

  • If you have not already signed the Contract:

  • 62. Do you require any special conditions in the Contract in addition to the standard conditions?

  • Goods and chattels

  • 63. Are any goods or chattels (personal property) included in the Property being purchased?(Note: some items may be considered chattels despite appearing fixed such as solar panels, water tank/pump, large items temporarily stored on the land.)
  • 64. Does the Contract include all agreed chattels that the Buyer will own following settlement?
  • 65. Does the Contract exclude fixtures that you expect to remain in the Property?
  • 66. Are there fixtures you expect the Seller to remove from the Property that are not listed as excluded in the Contract?

  • Transfer Duty issues

  • 67. Do any of the Buyers have a business relationship with any of the Sellers?
  • 68. Are you receiving the Property as a gift or are you paying less than the market value of the Property?

  • A valuation of the Property based on three comparable sales in the last three months may be required for the assessment of transfer duty.

  • 69. Have you, or are you intending to, buy other
    property:

  • a. from this Seller (or an associate or related party of the Seller)?
  • b. that is adjoining or closely located to this Property?
  • c. that may be used with this Property (for example, an adjoining block to redevelop, a business, plant or equipment)?

  • The other property may need to be considered in determining the transfer duty payable on this purchase.

  • Disclaimer* Please note that giving a false declaration could result in serious penalties.

  • Purchase price and deposit

  • 70. Have you any reason to believe that the purchase price is less than the market value of the Property?
  • 71. Have you paid all of the deposit to the Deposit Holder?
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  • 72. Have you, or will you be paying, all or part of the deposit by way of insurance bond or bank guarantee?
  • 73. If you paid the deposit by electronic transaction, have you provided the Deposit Holder and us with written evidence?
  • 74. Have you received any notice or communication from the Seller or the Deposit Holder about nonreceipt of the deposit?
  • 75. Are you receiving any rebate or discount to the purchase price, or other incentive to enter into the Contract?

  • Finance

  • If the Contract is subject to finance:

  • 76. Have you made an application for finance?

  • If no, please make application without delay.

  • If yes, date made:
     - -
  • 77. Have you completed an authority from your financier to authorise our Law Practice to liaise with your financier to arrange settlement?

  • If no, please contact your financier to make arrangements without delay.
    Delays to settlement or default under the Contract may occur if the financier is not authorised to liaise with the law practice to make arrangements when required.

  • 78. Is the amount you are borrowing from the financier sufficient to cover all of the funds required for settlement?
  • 79. Is other property of yours to be used as security for this purchase?
  • 80. Is anyone else providing security for the finance for this purchase (e.g. a guarantor)?
  • 81. Are there any other conditions that must be satisfied or are you relying on other events to obtain settlement funds (e.g. sale of other property including existing home, inheritance finalisation, court settlement)?
  • 82. Are you relying on a government grant for part of the funds required for settlement?

  • If yes:

  • b. have you received confirmation of your entitlement to the grant or otherwise satisfied yourself that you meet the eligibility criteria for the grant?

  • If no, please check you meet the eligibility criteria as soon as possible. This is outside the scope of our retainer.

  • Expert reports

  • If the Contract is subject to a Building and Pest inspection:

  • 83. Have you made arrangements to obtain at least one (or both) reports?

  • If no, please make arrangements without delay.

  • If the Contract is subject to a Body Corporate
    Records inspection:

  • 84. Have you provided instructions for us to arrange an inspection of the records?

  • If no,  If no, please provide us your instructions without delay.

  • Searches

  • 85. Have you sent us the completed Searches List?

  • If no, please review and initial and return with this Questionnaire and Authority.

  • 86. Have you sent us money to cover the costs of searches?
  • 87. When do you want us to order searches?

  • Disclaimer* you should read the information in the First Letter about the risks of delay in ordering searches. By instructing us to delay ordering your searches you acknowledge you have read this information and accept any risks from delaying the searches.

  • 96. Are there any particular issues concerning the Property for which you require advice or particular searches to be undertaken (e.g. unapproved structures, non-compliant swimming pool fencing, flooding)?

  • Tenancy and rental issues

  • *Existing tenant (if any)

  • 88. If there is an existing tenant, have you received copies of any tenancy or rent increase documents?
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  • 89. Does the tenancy end more than six months after settlement?

  • Note: This might affect whether you can apply for
    duty concessions.

  • *Prior tenants (if any)

  • 90. Are you aware of anyone else that may have stayed in all or part of the Property in the last 12 months that may be considered a tenant (formally or informally)?
  • 91. Have you received copies of any documents that evidence the last rent increase for any tenant in the Property in the last 12 months?
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  • Settlement arrangements

  • 92. Is settlement on the specified Settlement Date a time critical issue for you or have you made any arrangements that are dependent on settlement occurring on the specified Settlement Date?
  • 93. Will you be making arrangements with the Seller’s real estate agent for the handover of the keys or security access devices following settlement?
  • 94. Are you proposing a pre-settlement inspection of the Property?

  • 95. As part of our standard service, we conduct the following searches:
    Rates
    Water and sewerage/access
    PPSR
    QCAT

  • If you would like us to conduct additional or more extensive searches on the property, or if you have specific concerns that require further investigation, please complete the section below.*

  • Disclaimer* Please note that additional searches are entirely optional. In most cases, the standard searches are sufficient. However, if you choose to proceed with further searches, these will incur additional costs and may extend processing times.
    A full list of available searches has been provided in the initial email from our office.

  • Buyer Searches List

  • Title Investigations (Mandatory)

  • 97. Before You Dig Australia (BYDA) Timing: Now. Cost: Free. Shows the presence of infrastructure on the Property. Rights: Termination for breach of disclosure obligations if statutory rights about infrastructure not disclosed; termination (if material defect); compensation (material/immaterial if before settlement); termination or damages if warranties inaccurate.*

  • Infrastructure & Utilities

  • 98. Telco search Timing: Now. Cost: $135.77. Covers major telecom network cables (e.g., Telstra, Optus, Vodafone, AAPT, PowerTel and others) that pass through/impact the Property. Rights: Termination for breach of disclosure obligations if statutory infrastructure rights not disclosed as part of Seller Disclosure.*
  • 99. Energex/Ergon search Timing: Now (takes ~14 business days). Cost: Energex $32.00; Ergon $32.00. Provides: connection status (normal/guarantee and amount), conditions for connection if not connected, and whether underground cables run through the Property. Rights: Termination for breach of disclosure obligations if statutory infrastructure rights not disclosed; if easement over cables undisclosed: termination if material; compensation before settlement (material where Buyer doesn’t terminate, or immaterial). No right if easement is only proposed.*

  • Local Government Planning & Environment

  • 100. Online planning & development system search Timing: Now. Cost: Free (availability depends on local government). Shows zoning and DA materials/decisions (info may be incomplete, not warranted). May include ongoing development conditions (e.g., bushfire management). Rights: Termination for breach if zoning not disclosed; potential termination before settlement for outstanding development approval conditions constituting a material mistake/omission in title.*
  • 101. Town planning search (limited) Timing: Now. Cost: $411.00. Provides town planning info: zoning, use/future use, summary of scheme provisions/designations, infrastructure charges register info. Rights: Termination for breach if zoning not disclosed; termination at any time before settlement if Present Use disclosed in Contract is not lawful under scheme.*
  • 102. Department of Environment, Tourism, Science and Innovation Timing: Now. Cost: $57.15 (online). Determines if Property is on Environmental Management Register or Contaminated Land Register. Note: Does not provide all information under the Environmental Protection Act 1994 (Qld). Rights: Statutory termination if Seller fails to disclose before agreeing to sell (must be exercised before settlement/possession, or within 21 business days of late disclosure). Under Contract: termination or compensation if Seller fails to disclose notifiable activity/other contamination circumstances (termination before settlement; compensation before settlement).*
  • 103. QCAT Tree Register — online search for tree orders Timing: Now. Cost: Free. Details of orders about trees on the Property. Rights: Statutory termination before settlement if Seller doesn’t provide copy of any tree application/order before Contract; possible contractual termination.*
  • 104. QCAT records Timing: Now. Cost: $20.00. Details of applications and orders in relation to trees and fences. Rights: As above for QCAT tree/fences regime.*
  • 105. Pool Register Timing: Now. Cost: Free. Shows: existence of pool, current pool safety certificate, any revocation notice under s246AG Building Act 1975 (Qld). Rights if pool exists: termination for breach if pool not disclosed or if notice/certificate/exemption not given with Seller Disclosure. If a revocation notice issued before Contract, Buyer may terminate.*
  • 106. Mining & other geothermal tenures Timing: Now. Cost: Free (online). Details of mining/petroleum/gas storage/geothermal tenures granted. Note: access/opt‑out/deferral/conduct & compensation agreements bind successors but may not appear on title — ask Seller. Rights: Termination for breach if such agreements not disclosed as part of Seller Disclosure. (Required if in known mining/gas area; otherwise optional).*
  • 107. Department of Transport & Main Roads — roads/port/rail proposals/resumptions Timing: Now. Cost: $49.95. Current proposals and resumption info (no info on unapproved proposals). Rights: Termination for breach if statutory notices about transport infrastructure proposal or intention to resume were given and not disclosed.*
  • 108. Queensland Heritage Register Timing: Now. Cost: $47.90. Whether Property listed or heritage agreements exist. Rights: Termination for breach if affected by Queensland Heritage Act 1992 (Qld) and not disclosed.*
  • 109. World Heritage ListTiming: Now. Cost: Free. Whether Property is listed on World Heritage List. Rights: Termination for breach if on list and not disclosed.*
  • 110. Personal Property Securities Register (PPSR) Timing: Now. Cost: $2.00/search. Details of any personal property affected by a registered security interest. Seller must sell Property free from undisclosed encumbrances. If a security interest is not released at settlement (e.g., no Release & Undertaking to Amend register), termination may arise.
  • 111. Land Tax Timing: Now. Cost: $47.00. Whether outstanding land tax is payable (may become payable by the Buyer). Arrears are a defect in title allowing termination if not paid at settlement; commissioner may require Buyer to pay part of price to cover arrears. (Standard if Seller unsure of arrears).

  • Local Government Enquiries

  • 112. Rates search Timing: Now (~12 business days). Cost: $219.50. Provides rates info for adjustment and Seller Disclosure. May show outstanding notices (e.g., Local Law 17 in Gold Coast). Note: Outstanding infrastructure charges generally not shown (use planning & development certificate).*
  • 113. Sewerage and drainage plans Timing: Now. Cost: $53.00. Shows position of sewerage/drainage pipes. Rights: Termination before settlement if services through other land are not protected by easement/BMS/statutory authority and effect is material.*
  • 114. Building notices search Timing: Now. Cost: $97.75 (often included in rates search). Shows show‑cause/enforcement notices. Rights: Termination for breach if an outstanding notice given to Seller is not given with Seller Disclosure; termination before settlement if an outstanding notice pre‑dates Contract and is not disclosed.*

  • Corporate & Court Registers

  • 115. Australian Securities Investment Commission — Company search (if corporate Seller/Buyer) Timing: Now. Cost: $10.00/search. Details of corporation (directors, ABN). Rights: Termination under Contract if warranty breach.
  • 116. Australian Securities Investment Commission — Organisation & business names search Timing: Now. Cost: Free. Organisation name, ABN, type, registration date, professional licences/registrations.
  • 117. Court registers Timing: Now. Cost: Free. Shows actions by/against Seller, nature of actions, copies of originating/interlocutory processes, orders, appeals, writs; tree orders. Rights: Termination under Contract if judgment/order/writ affects the Property, including Seller bankruptcy.
  • 118. Bankruptcy Register Timing: Before Contract signing. Cost: $15.00. Provides bankrupt name, dates, orders. Rights: Termination under Contract if Seller is bankrupt.

  • Optional Searches (select if required)

  • 119. Queensland Building and Constructions Commission — insurance/records search Timing: After Contract signed. Cost: $51.30. Details of insurance cover for the Property. No contractual termination rights.
  • 120. Vegetation Management (State) Timing: After Contract signed. Cost: Free. Requirements for clearing vegetation; whether land is high‑risk/protected plants framework. No contractual termination rights.
  • 121. Protected Plants (State) — flora survey trigger map Timing: After Contract signed. Cost: Free. Identifies high‑risk areas for endangered/vulnerable/threatened native plants. No contractual termination rights.
  • 122. Local government Town planning (standard) Timing: Now (~12 business days). Cost: $1,370.00. Adds decision notices for current/declined DAs; infrastructure agreements. Rights: Termination before settlement if Present Use not lawful or outstanding approval condition constituting a material mistake/omission in title.
  • 123. Local government Town planning (full) Timing: Now (~30 business days). Cost: Quote (often $5,000–$10,000). Adds binding statements on condition fulfilment, infrastructure agreements, prosecutions. Rights: As per standard — termination before settlement if Present Use not lawful or outstanding approval condition causing material mistake/omission in title.
  • 124. Building approval search Timing: Now. Cost: $97.75 (building records) + $97.75 (inspection search). No contractual termination rights for lack of building approvals.
  • 125. Food Business Licence search Timing: After Contract signed. Cost: TBA. Current licences under Food Act/Public Health Act and any contraventions. No contractual termination rights; advisable if a business is conducted.
  • 126. Local heritage register Timing: Now. Cost: per Council City Plan. Rights: Termination before settlement if listed or affected by Queensland Heritage Act 1992 (Qld).*
  • 127. Flood search Timing: Now. Cost: Free in most areas (e.g., BCC Flood Information Online, FloodCheck QLD). Whether Property has flooded and level of last flood. No contractual termination rights.
  • 128. Vegetation Protection Orders Timing: After Contract signed. Cost: Free. Whether vegetation is protected/subject to order (e.g., Brisbane: Natural Assets Local Law 2003). No contractual termination rights
  • 129. Powerlink — easements/transmission lines/future interests Timing: Now. Cost: $60.00. Rights: Termination for breach if statutory infrastructure rights undisclosed; if easement over cables undisclosed: termination if material; compensation (before settlement) if material where Buyer doesn’t terminate, or immaterial. No right if easement is only proposed. (Generally only necessary for large rural/commercial).
  • 130. Coastal development approval (historical tidal works) Timing: After Contract signed. Cost: Free to identify via Queensland Globe; $178.00 to obtain copy of plan/approval. No contractual termination rights (advisable if jetty/over‑water works).
  • 131. Coastal management search Timing: After Contract signed. Cost: Free. Whether within coastal management control district/erosion‑prone area (CP&M Act 1995). No contractual termination rights. Statutory termination if undischarged coastal/tidal works notices not given at least 14 days before settlement (s59/s60).
  • 132. National Heritage List .Timing: After Contract signed. Cost: Free. Information on indigenous, natural, historic sites. No contractual termination rights.*
  • 133. ATSI Cultural Heritage Register & Database Timing: After Contract signed. Cost: Free. Whether listed or heritage agreements exist. No contractual termination rights.
  • 134. Environmental Protection and Bio-diversity Conservation Act 1999 (Cth) Matters of National Environmental Significance Timing: Now. Cost: Free. Info on world/national heritage places, RAMSAR wetlands, biodiversity, threatened/migratory species, marine parks, nuclear actions. Rights: Termination for breach if World Heritage listing not disclosed as part of Seller Disclosure. No contractual termination rights otherwise.*
  • 135. Unexploded Ordnance (UXO) Timing: After Contract signed. Cost: Free. Whether site may have potential UXO contamination. No contractual termination rights (generally non‑urban).
  • 136. Fish Habitats Timing: After Contract signed. Cost: Free. Whether affected by declared fish habitat area (may limit coastal development). No contractual termination rights (advisable in coastal areas).
  • 137. Biosecurity Act 2014 (Qld) Timing: After Contract signed. Cost: $54.50. Details of biosecurity risks on the Property. No contractual termination rights.
  • 138. Inland Rail Timing: After Contract signed. Cost: Free. Details of inland rail freight line; further enquiries/costs if directly affected or nearby. Rights: Termination under Contract (before settlement) if current transport infrastructure proposal affects land.

  • Community Title Schemes / BUGTA Parcels (Mandatory if applicable)

  • 139. Title investigation:

  • c. Title search of common property Timing: Now. Cost: $29.32/search. Apply title investigation rules to common property.
  • 140. Body Corporate Certificate Timing: Now. Cost: $71.75. Rights: Termination for breach if not given with Seller Disclosure.*
  • 141. Certificate of Occupancy Timing: Now. Cost: $97.75. Confirms class/use aligns with existing/intended use (e.g., permanent residence vs temporary letting). Rights: Termination for failure to give vacant possession if no certificate at settlement (where required).
  • 142. Body Corporate records search Timing: Now. Cost: ~$200–$400. Reviews records for issues not covered by certificate: levies, by‑laws, entitlements, insurances, management/letting, referee orders, special levies, pending CMS/by‑law changes, works for defects (e.g., structural/leak/cladding/concrete issues). Rights: Termination for warranty breach/material prejudice, and for inaccuracies in Seller Disclosure/breach of implied warranty (time limits apply)
  • 143. Body Corporate Orders Timing: Now. Cost: $24.05. Details of orders made against the scheme. Rights: Termination if order requires work/money to be spent on lot/common property; compensation under Contract only if order issued before Contract.
  • 144. Queensland Fire Department Services search (commercial only) Timing: Now. Cost: $171.50. Whether a fire safety report has been issued and compliance status. No contractual termination rights (applies to commercial buildings/units).
  • Date
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