How to Research a Property Before Buying in Australia
Complete guide to property-level research before buying in Australia. Covers title searches, encumbrances, easements, vendor disclosure documents by state, council searches, building permit history, unpaid rates and land tax, and strata records.
Definition
Property-level due diligence
The process of researching the specific dwelling you intend to buy — its registered title, encumbrances, legal status, building history, council records, and financial obligations — before exchanging contracts. Distinct from suburb research, which examines the surrounding area.
Buying a property in Australia is one of the largest financial decisions most people will ever make. Yet many buyers focus almost entirely on the physical inspection — the kitchen, the bathroom, the backyard — while overlooking the legal and administrative records that sit behind the address. Those records can reveal outstanding debts, restrictions on what you can build, disputes over ownership, and unapproved works that could become your problem the moment settlement is complete.
This guide covers property-level research: the specific checks you should carry out on the dwelling itself, its registered title, its legal status, and its history. It does not cover suburb-level research — if you want to understand demographics, schools, crime statistics, flood zones, and market trends for the surrounding area, see our companion guide: How to Research a Suburb Before Buying in Australia. Both layers of research matter; think of them as two different lenses on the same purchase decision.
Property Research vs Suburb Research
Suburb research answers the question: Is this a good area to buy in? Property research answers the question: Is this specific property safe to buy? The distinction matters because a suburb can have excellent fundamentals while a particular property carries hidden legal or financial problems that make it a bad purchase regardless of location.
Property-level research focuses on what is recorded against the title, what the vendor is legally required to disclose, what the council has on file for the site, and what financial obligations — rates, land tax, body corporate levies — are attached to the property. These checks are almost entirely document-based, and most of them are conducted by your conveyancer or solicitor as part of the standard conveyancing process. Understanding what each check involves makes you a more informed client and a more confident buyer.
Do These Checks Before You Sign
In most states, vendor disclosure documents are provided to you before or at the time of signing. For auction purchases, there is no cooling-off period — you should complete all property-level research before auction day, not after.
The Title Search: What It Reveals and How to Get One
A title search is the foundation of property-level research. It is an official record from the relevant state or territory land registry that shows, at a point in time, who legally owns the property and what interests are registered against it. Australia operates under the Torrens title system in most cases, which means the government register is the definitive record of ownership. What is on the register prevails.
A standard title search will show:
- Registered owner(s): The full legal names of the current owners, and whether the property is held as sole owner, joint tenants, or tenants in common (including in what proportions). This confirms that the person selling the property is legally entitled to do so.
- Legal description: The lot number, plan number, and local government area, which precisely identifies the parcel of land being sold.
- Encumbrances: Mortgages, easements, covenants, caveats, and other registered interests that affect the property. This is often the most critical section.
- Dealings: A record of past transactions registered against the title, useful for understanding the property's ownership history.
How to Get a Title Search in Each State
Title searches are obtained from the land registry in the state or territory where the property is located. Any member of the public can conduct a title search — you do not need to own the property or be a legal professional:
- NSW: NSW Land Registry Services (NSW LRS) via the online portal. A standard title search costs approximately $17.60 (including GST) for government portal access, or slightly more through approved private information brokers such as Landchecker or InfoTrack.
- VIC: LANDATA (operated by Land Use Victoria) via the online portal. A single title search is typically under $20 through the government partner platform.
- QLD: Titles Queensland via the Online Titles and Image Searches (OTIS) portal at search.titlesqld.com.au. A current title search costs $24.69 (excluding GST) as at the 2025–26 financial year. Historical searches (showing all interests since 1994) cost $36.37 (excluding GST).
- WA: Landgate via its online portal. Searches are available to the public and priced on a per-document basis.
- SA: Land Services SA provides online access to title and valuation data.
- TAS: The LIST (Land Information System Tasmania) provides online property and title data.
- ACT: Access Canberra manages land title records for the territory.
- NT: NT Land Information System (NTLIS) provides online title searches.
In practice, your conveyancer or solicitor will conduct the title search on your behalf and interpret the results. The cost is typically passed through as a disbursement. For a deeper explanation of what title searches contain and how to read them, see our dedicated guide: Property Title Search Explained.
Always Run a Fresh Search Close to Settlement
Your conveyancer should conduct a final title search in the 24–48 hours before settlement. A caveat or other interest can be lodged on a title at any time, so the search done at the beginning of the conveyancing process may not reflect the title's status on the day funds are exchanged.
Encumbrances, Easements, and Caveats
The encumbrances section of a title search is where buyers most often encounter surprises. Understanding what each type of encumbrance means — and what it could mean for your plans — is essential.
Definition
Encumbrance
A broad term for any interest, claim, or liability attached to a property held by someone other than the registered owner. Encumbrances run with the land — they transfer to the new owner at settlement and are not automatically extinguished by the sale.
Easements
An easement is a registered right for a third party to use a specific part of your land for a defined purpose. Common examples include:
- Drainage easements: Allow stormwater or sewerage pipes to run through the property. You typically cannot build over or close to an active drainage easement, which can severely limit where you can place an extension, pool, or garage.
- Right-of-way easements: Give a neighbouring property owner (or the public) the legal right to cross part of your land for access. This is common in older subdivisions where a rear lot has no other road access.
- Electricity and services easements: Reserve a corridor for power lines, telecommunications infrastructure, or gas pipelines. Significant restrictions apply to building within these corridors.
Easements are shown on the title and are usually documented in a separate instrument. Your conveyancer should obtain the easement plan so you can see exactly where on the block the easement falls. Even a small easement in the wrong location can make an otherwise straightforward renovation impossible.
Restrictive Covenants
A restrictive covenant is a condition registered on the title that limits how the property can be used or what can be built on it. Covenants are common in subdivisions developed by private developers, who use them to maintain the character of the estate. Examples include requirements to use only specified building materials, minimum floor area requirements, prohibitions on keeping livestock, or restrictions on subdividing the lot. Covenants can be decades old and may or may not remain enforceable; your conveyancer can advise.
Caveats
A caveat is a formal notice lodged by someone claiming an interest in the property. It prevents the property from being sold or transferred without the caveator's knowledge. Caveats are used by creditors, beneficiaries, ex-spouses pursuing a property settlement, or parties with an equitable interest in the land. A caveat on the title does not automatically mean the purchase cannot proceed, but it must be investigated and resolved before settlement can complete.
Mortgages
Any mortgage registered against the property will appear on the title. The vendor's mortgage must be discharged at or before settlement. Your conveyancer coordinates this with the vendor's lender as a standard part of the settlement process.
Encumbrances Transfer to You at Settlement
Unless otherwise agreed in the contract, encumbrances registered on the title transfer to you as the new owner. This is why it is essential to understand every encumbrance before you exchange contracts — you cannot renegotiate after the fact.
Vendor Disclosure Documents by State
Every Australian state and territory requires vendors to disclose certain information to buyers before or at the time of signing a contract. These disclosure obligations vary significantly by state, but the purpose is the same: to give buyers access to material information about the property before they are legally committed to the purchase.
Victoria — Section 32 Vendor's Statement
In Victoria, the Sale of Land Act 1962 requires the vendor to provide a Section 32 Vendor's Statement before a buyer signs the contract of sale. This is one of the most comprehensive pre-contract disclosure requirements in Australia. The Section 32 must include:
- Title particulars confirming the seller's legal right to sell
- Details of all mortgages, charges, and other encumbrances
- Zoning and any planning restrictions on the property
- Details of all building permits issued in the previous seven years
- Owners corporation (body corporate) information and fees, if applicable
- Council rates, water rates, and land tax
- Any notices or orders affecting the property
- Owner-builder warranty insurance, if applicable
- Any outgoings the buyer will be required to meet
If the Section 32 is incomplete or materially inaccurate, the buyer has the right to withdraw from the contract before settlement without penalty.
New South Wales — Contract for Sale
In NSW, vendor disclosure is embedded in the Contract for Sale rather than a separate statement. Under the Conveyancing Act 1919 and the Conveyancing (Sale of Land) Regulation 2022, the vendor must attach prescribed documents to the contract before exchange. These include:
- A current title search from NSW LRS
- A Section 10.7 Planning Certificate (formerly Section 149) from the local council, showing zoning and planning controls
- A sewerage diagram from the relevant water authority
- Dealings registered against the title in the past five years
- A copy of any deposited plan, strata plan, or community plan
For properties with a swimming or spa pool, the vendor must also attach a valid certificate of compliance, a valid occupation certificate, or evidence of pool registration. Additional mandatory disclosures were updated in the 2026 edition of the NSW contract: vendors must now disclose if the property has been subject to flooding or bushfire in the last five years, if it was used for drug manufacture or supply in the last two years, or if it was the scene of a murder or manslaughter in the last five years.
If prescribed documents are missing, the buyer may rescind the contract within 14 days of exchange.
Queensland — Form 2 Seller Disclosure Statement
From 1 August 2025, Queensland introduced a comprehensive seller disclosure scheme under the Property Law Act 2023. Sellers must now provide a Form 2 Seller Disclosure Statement to the buyer before the buyer signs the contract. The Form 2 must include:
- Seller and property identification details
- Title searches and any registered or unregistered encumbrances
- Zoning and land use information
- Transport infrastructure proposals or resumption notices affecting the land
- Heritage listings and contaminated land register status
- Tree dispute orders or applications
- Prescribed certificates: body corporate statements, building permits, pool safety certificates, and environmental notices where applicable
If the seller fails to provide the Form 2 or a required certificate, the buyer may terminate the contract at any time before settlement and receive a full refund of any deposit paid.
Other States and Territories
Western Australia, South Australia, Tasmania, the ACT, and the Northern Territory each have their own disclosure requirements embedded in their respective conveyancing legislation and standard contract forms. Your conveyancer in the relevant state will be familiar with what is required and will advise you on what the vendor has (and has not) disclosed.
Disclosure Does Not Replace Your Own Searches
Vendor disclosure documents give you information the seller is required to provide — they do not give you everything. Disclosure requirements differ by state and may not cover every risk relevant to your purchase. Always conduct your own independent searches through your conveyancer in addition to reviewing vendor disclosure documents.
Council and Planning Searches
The title search tells you who owns the property and what is registered against it. The council search tells you what the council knows about the property — its zoning, any planning restrictions, outstanding orders, approved development, and environmental overlays. These are two different documents from two different authorities, and both matter.
Planning Certificates (Zoning)
In NSW, the Section 10.7 Planning Certificate (issued by the local council) is the key document for understanding what land use zone the property sits in and what development controls apply. A standard Section 10.7(2) certificate reveals the zoning of the land, relevant state and local planning controls, bushfire prone land status, flood risk overlay, contaminated land status, and heritage listing. A Section 10.7(2) and (5) certificate includes additional information held by other government agencies. In Victoria, an equivalent Certificate of Title and planning certificate is available through the council and LANDATA. Queensland's planning certificates are issued by local government under the Planning Act 2016.
Zoning determines what you can legally do with the property. A house in a residential zone may have different development potential depending on whether it is zoned for low-density, medium-density, or mixed-use development. If you are buying with future renovation or subdivision in mind, the zoning certificate is critical reading before you commit.
Outstanding Notices and Orders
The council search will also reveal whether there are any outstanding orders on the property — such as orders to demolish unauthorised structures, rectify drainage, or comply with fire safety requirements. These become the buyer's responsibility at settlement unless the contract specifically requires the vendor to resolve them first.
Road Widening and Resumptions
Some council and state government searches will reveal whether part of the land has been reserved for future road widening or infrastructure resumption. This could affect a slice of the front yard or, in more significant cases, reduce the effective size of the block. Your conveyancer's searches will pick this up.
Building Approvals and Permit History
A building permit is required for most structural work — extensions, granny flats, carports, pools, significant internal renovations, and new dwellings. Checking the permit history for a property tells you whether the physical structure you are inspecting matches what the council has approved on file.
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Review the vendor disclosure document
In Victoria, the Section 32 must list all building permits issued in the previous seven years. In Queensland, the Form 2 and its prescribed certificates must include relevant building and planning notices. In NSW, the Section 10.7 Planning Certificate (full version) may note outstanding development orders.
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Contact the local council directly
Every council maintains building approval records for properties in its area. You (or your conveyancer) can submit a written request to the council for the building approval file, including any certificates of final inspection or occupancy permits. Some councils charge a small fee for this search.
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Check with the relevant building authority
In Victoria, the Victorian Building Authority (VBA) maintains records of building permits. In NSW, the NSW Planning Portal records development approvals. In QLD, the relevant local council or QBCC (Queensland Building and Construction Commission) holds permit records.
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Commission a building and pest inspection
A qualified building inspector will identify physical evidence of unpermitted works — structures that do not comply with the Building Code of Australia, additions that appear newer than the rest of the dwelling, or structural issues that suggest work was done without proper oversight. The inspector cannot access council records, but their report combined with a council search gives you the full picture.
Unapproved structures are a common issue in older properties. The risk is that after purchase, the council may require you to either retrospectively approve the work (if it meets code) or demolish it. Buyers who are aware of unapproved structures before exchange can negotiate a price reduction, require the vendor to rectify the issue, or make the contract conditional on council approval being obtained.
Unapproved Structures Become Your Problem at Settlement
Unless the contract specifically requires the vendor to address unapproved structures, the obligation transfers to you at settlement. Always investigate building permit history and commission a building inspection before exchanging contracts.
Unpaid Rates, Land Tax, and Levies
Unpaid financial obligations attached to a property can be more serious than they appear. Depending on the type of debt and the state, some obligations transfer automatically to the new owner at settlement — meaning you could inherit a debt you knew nothing about if the searches are not done correctly.
Council Rates
Council rates are levied quarterly or annually by local government and are based on the unimproved or assessed value of the land. Outstanding council rates are a registered charge against the property, and councils have significant powers of enforcement for non-payment. Your conveyancer will obtain a council rates certificate as part of the standard searches, which confirms the current balance of rates owing and whether any special levies apply. At settlement, rates are typically adjusted between buyer and seller pro-rata based on the settlement date.
Land Tax
Land tax is an annual state government tax charged on the total unimproved value of all land you own above a threshold (which varies by state). For most owner-occupiers purchasing a principal place of residence, an exemption applies — but the exemption does not apply to investment properties, and thresholds and rates differ in each state.
Critically, unpaid land tax can attach to the land itself rather than to the vendor personally in some states. This means that if you purchase a property with outstanding land tax owing, the state revenue authority may pursue you as the new owner for that debt. Your conveyancer should obtain a land tax clearance certificate or equivalent (depending on the state) to confirm the property is free of outstanding land tax before settlement.
Water and Utility Charges
Water authority charges are generally adjusted at settlement in the same way as council rates. Your conveyancer will obtain a water rates certificate. Outstanding water charges are typically the vendor's responsibility to discharge before or at settlement.
Body Corporate and Strata Levies
For units and townhouses in a strata scheme or community title scheme, body corporate levies are payable by the lot owner. Outstanding levies are a debt of the owner rather than the land itself, but they should be verified and adjusted at settlement. Special levies — one-off charges for major works — should be clearly disclosed and negotiated in the contract. See the next section for a full discussion of strata records.
Strata and Body Corporate Records
If you are buying an apartment, townhouse, or villa in a strata scheme, community title scheme, or (in Queensland) a body corporate scheme, the records of the owners corporation or body corporate are a critical research item. The physical property represents only part of what you are buying — you are also acquiring a share of common property, a set of ongoing financial obligations, and membership of a community governed by by-laws and a committee.
A pre-purchase strata report or body corporate records search gives you access to documents that reveal the financial and legal health of the scheme. Key items to examine include:
- Financial statements and levy records: How much are the current administrative (day-to-day) and capital works (sinking fund) levies? Are they being collected and are arrears common? A scheme with chronically low levies may be underfunding maintenance.
- Sinking fund balance and 10-year plan: The sinking fund is the reserve for major capital works — roof replacement, lift maintenance, external painting. A low sinking fund balance in an older building may signal a special levy is coming.
- Meeting minutes (AGM and committee meetings): Minutes reveal disputes, maintenance issues, decisions about major works, and the general health of relationships within the scheme. Look for recurring complaints about the same problem, references to legal proceedings, or deferred maintenance.
- Building insurance: The scheme should hold current building insurance for the replacement value of the building. Confirm the policy is current and the building is adequately covered.
- By-laws: The rules governing the use of lots and common property. By-laws can restrict pets, short-term letting (Airbnb), renovations, and vehicle parking. If you have specific plans for how you will use the property, check the by-laws first.
- Special levies: Any resolved or proposed special levies for major works. A special levy can add tens of thousands of dollars to your ownership costs after purchase.
- Disputes and legal proceedings: Active disputes with lot owners, contractors, or the managing agent indicate a troubled scheme. Building defect litigation, in particular, can drag on for years and absorb significant funds from the sinking fund.
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Ask the vendor or selling agent
The vendor or their agent can often provide a basic strata information certificate and copies of recent meeting minutes as part of the contract documentation. In Victoria, the Section 32 must include owners corporation information and fees if applicable.
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Contact the body corporate manager directly
As a prospective purchaser, you are legally entitled to inspect body corporate records. Contact the managing agent and request access to minutes, financial statements, and the maintenance plan. Allow 7–10 days, as legislation in most states requires the body corporate to respond within 7 days.
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Engage a professional strata search agent
Specialist strata search firms can obtain and review body corporate records on your behalf and produce a report summarising key financial and legal risks. Fees typically range from $200 to $500 depending on the size of the scheme and the depth of the report. This cost is modest relative to the purchase price and the risks it can uncover.
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Review the report before exchanging contracts
Allow at least 10–14 business days for a strata report to be completed and reviewed. Include a strata review clause in your contract if the timing is tight, giving you the right to withdraw if the report reveals material issues.
Check the Sinking Fund Per Lot
Divide the sinking fund balance by the number of lots in the scheme to get a per-lot figure. For an older mid-rise building with a major maintenance cycle approaching, a per-lot balance of less than $5,000–$10,000 may indicate the fund is underprepared for upcoming capital expenditure.
Your Property Research Checklist
Use this checklist as a guide for the property-level research that should be completed before you exchange contracts. Most of these searches are conducted by your conveyancer; the checklist helps you understand what they are doing and what questions to ask.
Property Research Checklist
- Obtain a current title search from the relevant state land registry
- Identify all encumbrances on the title: easements, covenants, caveats, mortgages
- Obtain copies of all easement plans and check their location on the block
- Review the vendor disclosure document (Section 32 in VIC, contract annexures in NSW, Form 2 in QLD)
- Check that all prescribed documents are attached to the contract
- Obtain a council rates certificate to confirm outstanding rates balance
- Obtain a land tax clearance certificate to confirm no outstanding land tax liability
- Obtain a water authority search to confirm service connection and outstanding charges
- Obtain a Section 10.7 Planning Certificate (NSW) or equivalent in your state for zoning and planning controls
- Check the council for any outstanding orders or notices on the property
- Request building permit history from the local council
- Confirm all structures on the block have been approved (check against physical inspection report)
- Commission a building and pest inspection from a licensed inspector
- For strata/body corporate properties: obtain a full pre-purchase strata report
- Check strata meeting minutes for the past 2–3 years
- Confirm body corporate levies (administrative fund and sinking fund), and check for special levies
- Confirm building insurance is current and covers the replacement value of the building
- Review by-laws for any restrictions relevant to your intended use (pets, Airbnb, renovations)
- Instruct your conveyancer to run a final title search 24–48 hours before settlement
Property-level research goes well beyond the physical inspection. The title search, council searches, vendor disclosure documents, building permit history, and — for strata properties — body corporate records each reveal a different layer of information about what you are actually buying. Most of these searches cost a few hundred dollars in total and are managed by your conveyancer. The information they provide can prevent you from inheriting someone else's legal, financial, or structural problems.
Related Resources
Property-level research is one part of a thorough pre-purchase due diligence process. The following resources cover complementary topics:
- How to Research a Suburb Before Buying in Australia — demographics, schools, crime, flood zones, and market trends for the surrounding area
- Property Title Search Explained — a deep dive into what title searches contain and how to read them
- Realestate Lens Property Research — use our in-app research tools to explore neighbourhood data, school zones, and market trends alongside your property-level due diligence
- Realestate Lens Contract Analysis — AI-powered analysis of property contracts and vendor disclosure documents to help you understand key terms and flag potential issues
- Property Due Diligence Checklist — a comprehensive guide to all the checks you should complete before purchasing
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Get Started FreeThis guide is for general information only. Title search processes, costs, and vendor disclosure requirements vary by state and territory. Always engage a qualified conveyancer or solicitor to assist with property due diligence.