Subdivision 1

Essential insights for a smooth land sale

Navigating the intricacies of selling a block of land involves several steps that can significantly influence the outcome of the sale.

Understanding and addressing factors such as council restrictions, contamination, existing leases, GST implications, and zoning and planning compliance are essential considerations for a successful sale free from disputes later down the track.

Council restrictions

Investigate any local council restrictions that might affect a buyer's ability to build or develop the property. These restrictions can vary widely, from building size and height limitations to specific land use. Being transparent about any restrictions not only aids in attracting the right buyers but also helps in avoiding disputes.

Zoning and planning compliance

Correct zoning is foundational to the land’s use and development potential. Confirm that the property is correctly zoned for the intended use of prospective buyers. Additionally, any breaches of local council planning restrictions should be disclosed. This ensures that buyers are fully aware of the land's potential and limitations.

Contamination concerns

If the Environmental Protection Authority (EPA) has issued clean-up notices for the land, this must be openly disclosed to potential buyers. Contamination can impact land value and use, and transparency regarding any environmental liabilities is required.

Lease agreements

Existing leases or tenancies on your land can complicate the sale process. Disclosing any such agreements is necessary, as they can affect the purchaser’s plans for the land. Whether it’s agricultural leases, easements, or other forms of tenancy, providing clear and detailed information about these agreements helps prevent potential legal issues post-sale.

GST implications

The GST position of the sale, whether the price is inclusive or exclusive of GST, plays a significant role in the transaction. Clearly outline the GST implications in the contract of sale to avoid misunderstandings and ensure compliance with tax laws.

Your comprehensive checklist for selling a block of land

Our expert property lawyers have put together the following checklist to ensure compliance when selling vacant land:

  • Seek out legal advice
  • Provide land measurements
  • Inform about property access
  • Confirm restrictions and easements
  • Check zoning and town planning
  • Decide on auction or private sale
  • Check Certificate of Title
  • Consider rates, taxes, and government charges.

When selling a block of land, addressing these key areas thoroughly can help ensure compliance. Transparency and clear communication on these critical issues are crucial for both parties to navigate the sale process more effectively. Get in touch with one of our expert property lawyers for further guidance.

Please note: The information covered in this guide is general and should never be substituted for professional legal advice. Contact us for further information.