Reasonable to expect a conveyancing solicitor to carry out these checks?

Hi everybody,

If you are prepared to pay top dollar for the services of a conveyancing solicitor, would it be reasonable to expect them to fully carry out the following checks?

• Any limitations on what can be added to the property in the future? (zoning)
  
• All bedrooms considered livable/habitable by the local council?
  
• Any easements on the property?
• Any and all buildings/modifications have been approved by the local council?

Thank you in anticipation.
Sue

 

If you know what you want, why not just ask the solicitor to specifically do these things?

 

Thanks Y-man.
Am I right in assuming that the four points I mentioned earlier falls under the buyer's advocate umbrella?

 

Thanks Y-man and Wylie.

This is the first time I am buying a house; and am trying to plan ahead, as I know almost nothing about how to do the "due diligence".

What search options were available?

 

I am on the Gold Coast, QLD.

 

Yes and no. As an example, a BA should advise you on what can and can't be done in certain zoning generally, but we're not town planners and every LEP is different. We can and will speak to council and town planners, builders and architects to get a general idea but it's very difficult to get a concrete answer without submitting a DA, period.

Often buyers don't want to go to the Nth degree to pay for the required DD or pay for a building certicate, a survey or any other number of items that can confirm things such as previous renovations or boundaries limits e.g. limited title. We always recommend doing it, but they can cost thousands of dollars in some cases so people would prefer not. The other issue is that in this market if you submit conditional offers such as DD then a buyer is less likely to take it which is unfortunately the state of the market. We definitely check current and previous DAs and you can usually get a pretty good idea from those as to what is and isn't permitted. Floor Space Ratios (FSR) are a good one to check too.

Easements on title should be covered off by your solicitor but yes, a good BA will also have read through the contract and title documents and confer with your solicitor over these issues anyway.

- Andrew