Things To Consider When Buying Land in QLD

Buying land in QLD can be an exciting time to let your imagination run wild with ideas of building your dream home. But before you get too carried away, it’s essential to consider a few factors that may be obstacles to your build, alter the layout of your home, or even slow down the construction process.

Here is what to look out for and how it could affect your plans.

What Are Covenants on a Property?

Your solicitor or conveyancer should let you know if there is a covenant on the land you are interested in purchasing.A covenant is a type of agreement related to a parcel of land that restricts certain activities or developments. If a covenant exists, it is usually either a registered covenant or a developer or building covenant.

A registered covenant may impose restrictions on the use of all or part of the land. It can also restrict how a building or part of a building is used. Sometimes, a registered covenant will limit how native plants or animals on the land can be managed.

Developer or building covenants place conditions on what can be constructed on the land. If you are buying in a residential estate, it is highly likely that such a covenant will apply.

You may also encounter restrictive covenants, which are a type of building covenant. These are used to standardise the appearance of new homes within a development. They may control the colours or materials you can use. They can also dictate the number of buildings allowed or whether front fences are permitted.

In Queensland, restrictive covenants are enforced through contract law. If you purchase land with a restrictive covenant, you will be required to enter into a deed of covenant. When you sell the land later, the new buyer will also need to agree to the same terms.

Laying Your Foundations

Not all parcels of land are level or ready for immediate construction. If you purchase a sloping block, building on it may be more difficult, more expensive, or both. There’s no reason to automatically disregard a sloped site if it meets your other requirements. However, it’s important to speak with your builder or architect early in the planning process.

They can confirm whether construction is feasible and estimate the additional costs involved in laying the foundations or adjusting the building design for the slope. Depending on the findings, it may be worth your time, money, and energy to consider choosing a flatter site instead.

Other hidden costs when constructing a new home often relate to the soil composition of the land. If the land is rocky, excavation can become very expensive. If the soil is too soft or unstable, it can be difficult to lay a solid foundation and may shift over time. This movement can cause serious structural issues in the future.

The safest option is to conduct a professional soil investigation before committing to buy. It can help you avoid unexpected expenses and major problems down the track.

Zoning Classifications

It is important to ensure your conveyancing solicitor checks the zoning classification of the land and researches any future planning for its surrounding area before committing to purchase. Without checking the zoning classification, you may be in for a nasty surprise in the future, as certain developments (particularly commercial and industrial ones) can create air or noise pollution that could dampen your quality of life or decrease the value of your property.

Access to Utilities and Services

Before purchasing, it’s important to check the availability of essential services like water, electricity, sewerage, gas, and internet access. In some areas, especially rural or undeveloped lots, you may face significant costs to connect to these services — or worse, find that some services are unavailable altogether.

Confirm with the local council or utility providers whether connections are in place, and factor any connection or upgrade costs into your budget early on.

Bushfire, Flood, and Environmental Risks

Queensland is prone to natural events such as bushfires, floods, and cyclones, depending on the location of the land. It is essential to check whether the block you are purchasing is located in a bushfire-prone, flood-prone, or environmentally sensitive area.

Buying in these zones may require special building requirements (such as fire-resistant materials or elevated floor heights), which can increase your construction costs. Your conveyancer can arrange searches and reports to highlight any environmental risks affecting the property.

Title Searches and Easements

As part of the due diligence process, your conveyancer or solicitor will carry out title searches to confirm that the seller has the legal right to sell the land and that the property is free from unexpected encumbrances.

One common issue to look out for is easements. An easement is a legal right allowing someone else (such as a neighbour, utility provider, or council) to use part of your land for a specific purpose, like drainage, sewage pipes, or access paths.

Easements may restrict where you can build or landscape, so it’s critical to review any registered easements carefully before you commit to purchasing the land.

Potential Positives and Negatives

When choosing your dream plot of land, it is essential to consider potential. Positive factors include things like the distance of the land from upcoming development projects that may help increase its value. Whereas negative potentials include inaccessibility to the land or bushfires, flooding or other natural disasters.

If you are thinking about buying a parcel of land, you should speak to a conveyancer or solicitor. Contact one of our experienced conveyancers in Cairns who can help you navigate the purchase from contract to settlement.