One of the most common questions we get asked is why property searches are not only necessary, but how they can help buyers during their conveyance.
Buying a residential property is a significant milestone for many individuals, couples and families. Whether it's for personal use (owner-occupier), as an investment property, or for the long-term security that homeownership brings, ensuring you are satisfied with the physical condition and nature of a property should be at the centre of many of the decisions you make during the conveyancing process.
As exciting as purchasing a property can be, it’s important to remember that there are substantial risks involved.
One of the most effective ways to ensure you are satisfied with a property, and to mitigate risk of unexpected costs later down the track in rectifying issues (e.g. rectification works, termites, structural failures, unapproved structures that must be torn down etc.) is to conduct a range of searches on the property, neighbourhood, and broader council region.
These searches help protect your interests, and can give you a clearer picture of the type of property you're purchasing. Without this, you may unknowingly find yourself with a property that has hidden issues or encumbrances that could affect your future use and enjoyment.
For a comprehensive list of what types of searches may be available for a property, we recommend visiting our searches breakdown by clicking here.
Here are some important considerations about the importance of property searches as part of the conveyancing process.
1. Who Is Responsible For Searches In Queensland?
In Queensland, the responsibility falls on the buyer to conduct searches and ensure they are satisfied with the property.
Unlike some other jurisdictions, sellers are generally not required to disclose defects or other issues, except in limited circumstances where contractual warranties, statutory disclosure requirements, or common law obligations apply.
We note that this will substantially change from 1 August 2025, when the Seller's Disclosure Regime will come into effect.
2. Confirm Details With A Title Search
The primary goal of conducting searches is to confirm that you’re receiving a property that you are satisfied with.
A Title Search will ensure the Seller listed on the contract has a legal right to sell the property, but also discloses specific information about the property that may invite further investigations to ensure you are happy. This information can include mortgages, caveats, writs, encumbrances, government and council notices, and other registrations, dealings or other restrictions.
For example, a Title Search may disclose if there are specific vegetation notices that directly impact the type and extent of fauna you may be able to grow on your property.
For a complete breakdown of Title Searches, read our in-depth article here.
3. Ensure Information Is Accurate
Depending on your own needs and concerns, and the type of property being purchased, searches can help verify the information a seller or agent has provided about the property. This might include things such as approved building works, specific vegetation or soil notices, or whether another party has a right to access the property (known as encumbrances)
It can also include more complex things such as neighbourhood disputes (in the instance of disputed fences or trees), future developments in the surrounding council, outstanding council or land tax charges, and a range of other conditions that may impact your decision to proceed with the purchase.
4. Are Conveyancing Searches Necessary?
Not all conveyancing searches are necessary for every property, but some are essential to give effect to necessary adjustments at settlement, and ensure there is no risky development on title before settlement (e.g., the registration of a caveat).
As you'll see below, there are standard essential searches that are generally required for all transactions.
There are further additional searches you may wish to undertake depending on the complexity of your situation and individual needs. For example, there are searches for land contamination, transport and main road developments, town planning, flooding and bushfire management, and many more.
3. Different Types Of Searches To Conduct
Here’s a quick breakdown of some common, or what we refer to as 'essential' searches buyers should perform:
Title Search
As noted above, a Certificate of Title is an official record of the ownership of the property. It is necessary and will inform you of any mortgages, easements, caveats, covenants, leases, charges or otherwise. You must always obtain this to minimise risk and ensure you are purchasing the correct property.
Plan Image Search
This search provides information about the property’s boundaries, ensuring that the physical boundaries (such as fences) align with the registered details. This is particularly important if you’re purchasing a unit, townhouse, or a house with significant outdoor space.
Land Tax Clearance Certificate
Land tax is generally attached to the land itself, not the owner. If there is any outstanding land tax owing on the property, you as the buyer could be liable for it if it is not dealt with prior to settlement. A land tax clearance certificate will reveal if there are any unpaid taxes that need to be adjusted for before or during settlement.
Council Rates Search
This search will show you the current council rates for the property and whether there are any overdue amounts. If there are outstanding council rates, the seller is typically responsible for settling them before settlement by way of adjustment in the settlement figures (monies transferring between the parties). this ensures that the Seller is paying for the relevant period they owed the property, and you (as the new owner), are paying for the relevant period in which you will be the owner.
Special Water Meter Reading Search
If you’re buying a property with a water meter, this search ensures that a council representative conducts a reading of the water meter close to the settlement date. This ensures that any outstanding water usage charges are accurately accounted for, protecting you from paying for any usage incurred before settlement.
Building Approval Search
If the property has undergone renovations or additions (such as a new carport, extension or granny flat), it is crucial to check whether these works were carried out with the necessary council approvals. If the seller has made unapproved changes to the property, you might face issues with council after settlement, which may result in substantial fines, rectification costs or a notice to demolish or remove any unapproved structures.
Body Corporate Information Certificate Search & Certificate of Insurance (Only for properties that are part of a body corporate)
For those purchasing a property that is part of a body corporate, this search is essential. It ensures that the body corporate is in good financial health and is properly insured. It will also uncover if there are any future development or plans for works, which may impact body corporate levies or future charges. If you are unsure if a property is part of a body corporate, a Title Search will note this.
4. When Do You Perform Searches?
Property searches can be undertaken at any stage prior to settlement, and will vary depending on the length of the contract, the council and availability of searches, and the specific needs of the buyer.
Sometimes, buyers will need to undertake property searches before a contract is unconditional to allow sufficient time for searches to be returned and adjusted for, or to satisfy certain conditions under the contract (most commonly Due Diligence).
A contract becomes unconditional once the buyer notifies the seller that all conditions (such as finance approval, due diligence, building and/or pest inspections etc.) have been satisfied or waived.
Some buyers, particularly those with a longer settlement date, may wish to wait until the contract of sale is unconditional before undertaking searches. This is because all councils and government departments charge a fee to perform searches, and buyers will often want to be certain they are purchasing the property before incurring these costs.
As a law firm, whilst we understand the desire to save on costs, it is not always practical or in your best interests to wait for a contract to be unconditional before performing searches. This is because, in many circumstances, should a search reveal something about the property that you did not anticipate or have knowledge of, your options may be limited with regard to rectifying any issues or terminating the contract.
Further disputes can also arise where a seller has failed to disclose certain information that is then uncovered whilst performing searches. This is where engaging a reputable and experienced property lawyer is invaluable, as they can help guide you through disputes to achieve the best outcome for you.
5. A Quick Note About Buying Off-The-Plan
When purchasing an off-the-plan property, conducting traditional property searches is generally not possible as there are no government records or notices for the specific lot you are purchasing.
It's important to note that the Seller is still required to make specific disclosures regarding the parent lot and survey plan, all of which should be detailed in the contract of sale. This might include information related to encumbrances, land tax or council notices.
6. Ensuring Correct Adjustments At Settlement
One of the primary purposes of undertaking essential property searches is that they help ensure the appropriate and correct financial adjustments can be made at settlement.
Financial adjustments are simply the splitting of costs of certain charges on a property (e.g., council rates, land tax, water charges, body corporate levies etc.) to ensure that the seller has paid for the property whilst they were the owner, and the buyer will pay for their share once they take ownership.
This ensures that both parties are fairly compensated for costs that are prorated over the settlement period. By conducting the relevant searches, you can ensure that these adjustments are correct, preventing any unexpected costs post-settlement.
Get Experienced Legal Advice
At RHC Solicitors, part of our role is to perform these searches and calculate the relevant financial adjustments. If you need assistance with property searches, or want to discover more about how we can help and what options may be available to you, please contact our friendly and experienced team to see how we can help.
Undertaking the right property searches when purchasing a residential home is an essential step in protecting your investment. These searches help uncover potential issues that could affect the property's value, usability, and your overall experience as the owner. Whether you’re buying a house, townhouse, apartment, or off-the-plan property, it’s crucial to work with an experienced law firm legal professionals who can guide you through the process and ensure all searches are conducted properly.
At RHC Solicitors, we understand the complexities of property transactions, and can help you navigate the process with confidence. If you're in the process of buying a home, get in touch to discover how we can help you.
Disclaimer: This publication is not intended to be comprehensive, nor does it constitute legal advice. We are unable to ensure the information is current and there is no guarantee in relation to accuracy. You should seek legal or other professional advice before acting or relying on any of the content of this publication. The views and/or opinions expressed in this publication is that of the author and may not necessarily represent the views and/or opinions of RHC Solicitors.
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