Search List Explanations

Standard Searches

Search	Description	Right
Current Title	Real property description, title reference, owner, along with listing registered encumbrances, interests and administrative advices.	Termination (if material defect). Compensation (if material or immaterial defect and Buyer gives notice prior to settling). Termination or damages (if warranties inaccurate) including that the Seller must be the registered owner at the time of settlement.
Registered plan	Location of land and size of lot.	Termination (if material defect). Compensation (if material or immaterial defect and Buyer gives notice prior to settling). Termination or damages (if warranties inaccurate) including that the Seller must be the registered owner at the time of settlement.
Registered Encumbrances	Details nature of one encumbrance, registered lease, caveat or administrative advice.	Termination (if material defect). Compensation (if material or immaterial defect and Buyer gives notice prior to settling). Termination or damages (if warranties inaccurate) including that the Seller must be the registered owner at the time of settlement.
Department of Environment and Science	Determine if land is on the Environmental Management Register or Contaminated Land Register. This search does not provide all the information under the Environmental Protection Act 1994 (Qld) that could potentially give rise to a statutory right of termination.	Termination or compensation under Contract if Seller fails to disclose notifiable activity or other circumstances that may lead to classification as contaminated. Termination must be exercised at least two business days prior to settlement. Claim for compensation must be made prior to settlement.
Land Tax	Whether there are any outstanding amounts payable for land tax (which may become payable by the Buyer).	Arrears of land tax are a defect in title which allows termination if not paid at settlement.
Department of Transport and Main Roads	Current proposals, resumption information for roads, ports and rail. The Department will not provide information on proposals for resumptions not currently approved.)	Termination under Contract (at any time before settlement) if a current proposal in relation to ‘transport infrastructure’ that affects the land.
Rates	Rates information. Outstanding infrastructure charges will not generally be shown in a rates search. For details of outstanding infrastructure charges, a planning and development certificate must be obtained. A rates search may show outstanding notices issued and required to be disclosed under Local Law 17. However, the rates search may not fully show whether other Local Law 17 disclosure or maintenance obligations apply. Additional investigations may be necessary.	Allows for adjustment in accordance with the Contract. Gold Coast City Council Local Law 17 (Maintenance of Works in Waterway Areas) provides that if the Property is in the Gold Coast City Council local government area, disclosure obligations and/or ongoing maintenance obligations may apply.
Town planning search (limited)	Town planning information (zoning, use, future use), summary of the provisions of planning scheme and regulatory provisions applying, any designations applying to the premises and information from infrastructure charges register. May show if the Property cannot be used as intended.	May provide termination or compensation rights where a misrepresentation regarding the Property has been made.
Sewerage and drainage plans	Position of sewerage and drainage pipes. May show if parts of the Property cannot be used as intended.	Enquiries may provide termination under Contract (at any time before settlement) if services to the Property which pass through other land are not protected by registered easement, building management statement or statutory authority.
Building Notices	Information about show cause and enforcement notices.	Termination under Contract prior to settlement if an outstanding notice has issued prior to the Contract Date
Tree orders	Details of orders in relation to trees on the Property.	Termination prior to settlement under statute if Seller doesn’t give a copy of any tree application or order prior to Contract. Termination under Contract may also be possible.
QCAT records for tree applications and dividing fences	Details of applications and orders in relation to trees and fences on the Property.	Termination prior to settlement under statute if Seller doesn’t give a copy of any tree application or order prior to Contract. Termination under Contract may also be possible.
Energex/Ergon	Search details: if the Property is connected under normal tariff conditions; if the Property is connected under guarantee conditions and the amount of the guarantee; if the Property is not connected upon what conditions it may be connected; and whether there are any underground cables running through the Property.	If easement over cables is undisclosed: termination under contract if material; or compensation may be claimed (before settlement) if material (where Buyer doesn’t terminate) or immaterial. No right if easement is a proposed easement.
Dial Before You Dig	Shows the presence of infrastructure on the Property.	Termination (if material defect). Compensation (if claimed before settlement and defect is material, where Buyer doesn't terminate, or immaterial). Termination or damages under contract (if any warranties inaccurate).
Court Registers - Supreme, District and Federal Courts and QCAT	Search details: if an action has been commenced by or against the Seller; the nature of any action commenced; and copies of all originating summons, interlocutory proceedings, orders, appeals, bills of costs and writs.	Termination under contract if there is an unsatisfied judgment, order or writ issued affecting the Property, including where Seller is bankrupt.
Bankruptcy register	The bankruptcy register should provide information concerning name of bankrupt, dates of bankruptcy, and orders.	Termination under contract if Seller is bankrupt.
Telco	Major telecommunication network cables (including Optic Fibre) belonging to Telstra, Optus, UEComm, AAPT and PowerTel and other providers that pass through the Property and information on communications network that may impact on the Property.	No contractual termination rights. Came up in dial before dig
Personal Property Securities Register	Details of any personal property affected by a registered security interest – important as assets you may be buying could be repossessed.	Seller contractually sells the Property (Land, improvement and chattels) free from encumbrances other than those disclosed. If a security interest is not released at settlement by delivery of a Release and Undertaking to Amend the register then it may entitle termination.
Mining and other geothermal tenures	Details of mining, petroleum, gas storage or geothermal tenures granted. Note: access agreements with holders of mining, petroleum, gas and other geothermal tenures on the land or on adjoining property are binding on successors in title. These agreements will not appear on the register and inquiries should be made of the Seller.	No contractual termination rights (unless an access agreement).
Company	Details of Seller corporation including directors, ABN.	Termination under contract if a breach of a warranty.
Organisation and business names	Organisation name, ABN, type of company, registration date and whether the organisation holds a professional licence or registration.	Termination under contract if a breach of a warranty.
Pool Register	Search details whether there is: a pool on the land; a current pool safety certificate for the Property; and a revocation notice for a pool safety certificate under s 246AG Building Act 1975 (Qld).	If there is a pool on the land and a Notice of no pool safety certificate was not given prior to contract, the Buyer may terminate if no pool safety certificate or exemption certificate is provided on or before Settlement. If there is a revocation notice under s 246AG Building Act 1975 (Qld) issued prior to contract, Buyer may terminate.
Transport noise corridor	If the Property is in a noise corridor, the Queensland Development Code requires buildings to achieve certain levels of noise mitigation through the use of appropriate materials for the floor, walls, roof, windows and doors where they are located in the corridor.	No contractual termination rights if the Property is in a noise corridor.

Optional Searches

Search	Description	Right
Computer Inventory of Survey Plans (Spatial Full History)	May point to previous surveys which can then be obtained.	Termination under contract if material defect. Compensation if Buyer completes and defect material or immaterial. Claim for compensation must be notified prior to settlement.
Queensland Building and Construction Commission	Details of works insurance cover relating to the Property.	No contractual termination rights.
Vegetation Management (State)	Details of: requirements under the Vegetation Management Act 1999 (Qld) for clearing vegetation; and whether land is high risk and clearing is subject to protected plants framework under Nature Conservation Act 1992 (Qld).	No contractual termination rights.
Protected Plants (State)	Flora survey trigger map identifies high risk areas for endangered, vulnerable or threatened native plants.	No contractual termination rights.
Special water meter reading	Details water consumption amounts of the Property over a period.	No contractual termination rights. Results may be used for adjustment under clause 2.6. Allows for adjustment in accordance with the Contract (particularly prevents liability for large water costs if leak has occurred or other high usage).
Town planning (standard)	As per limited town planning advice above, however additional information obtained will generally only be relevant for future development or checking compliance of existing development Per limited search (see above) plus copy of decision notices for current and declined development approvals and copy of infrastructure agreements. See Booklet regarding circumstances where this search might be necessary to reveal obligations attached to the Property which could be significant.	Termination under contract (at any time before settlement) if outstanding development approval condition which, if complied with, would constitute a material mistake or omission in Seller's title (e.g. requirement for grant of easement).
Town planning (full)	As per standard town planning advice above, however Council will be bound by the information provided in the certificate which can provide additional protection if you are considering future development. Per standard search (see above) plus statement re fulfilment or non-fulfilment of any current development conditions, details of infrastructure agreements, advice of prosecutions for development offences.	Termination under contract (at any time before settlement) if outstanding development approval condition which, if complied with, would constitute a material mistake or omission in Seller's title (e.g. requirement for grant of easement).
Building approval	Details of building approvals and inspections.	No contractual termination rights for lack of building approvals.
Health Department	Whether the Property is registered with the Health Department and any contraventions.	No contractual termination rights.
Heritage	Whether Property listed on heritage register or any heritage agreements in existence.	Contractual termination right (ay any time before settlement) if listed on register or is affected by Queensland Heritage Act 1992 (Qld).
Online planning and development system	Some Local Governments provide free online searches that provide some, but not necessarily all, Development Application materials and decisions. The information may not be complete and is not warranted by Council. The information shows applications (whether approved or not) and approvals and may include development conditions that run with the land (i.e., bushfire management plans and other ongoing conditions of approval).	Potential termination under contract (at any time before settlement) if outstanding development approval condition which, if complied with, would constitute a material mistake or omission in Seller's title (e.g. requirement for grant of easement).
Flood	Whether the Property has flooded and the level of the last flood.	No contractual termination rights.
Vegetation Protection Orders	Details of whether vegetation on the Property is protected vegetation or subject to an order.	No contractual termination rights.
Powerlink	Information concerning the Authority’s future interest in the Property, easements and transmission lines.	If easement over cables is undisclosed: termination under Contract if material; compensation may be claimed (before settlement) if material (where Buyer doesn’t terminate) or immaterial. No right if easement is a proposed easement.
Coastal development approval (historical tidal works approvals)	Details: Historical tidal works approvals issued prior to 18 November 2005; the date of any approval issued; nature of the works approved.	No contractual termination rights
Coastal management	Whether the land is within a coastal management control district or an erosion-prone area and therefore the provisions of the Coastal Protection and Management Act 1995 (Qld) applies.	No contractual termination rights. Right to terminate under Coastal Protection and Management Act 1995 (Qld) – requires notice at least 14 days prior to settlement of an undischarged coastal protection notice under s59 or an undischarged tidal works notice under s60.
World Heritage List	Whether Property listed on the heritage list.	Termination under Contract (at any time before settlement) if on World Heritage List or affected by Queensland Heritage Act 1992 (Qld).
National Heritage List	Information on indigenous, natural and historic sites on the register.	Termination under Contract (at any time before settlement) if on World Heritage List or affected by Queensland Heritage Act 1992 (Qld).
Queensland Heritage Register	Whether Property is listed on heritage register or any heritage agreements in existence.	Termination under Contract (at any time before settlement) if affected by Queensland Heritage Act 1992 (Qld).
ATSI Cultural Heritage Register and Database	Whether Property listed on heritage register or any heritage agreements in existence.	No contractual termination rights.
Environment Protection and Biodiversity Conservation Act 1999 (Cth)	Information about protection of world and national heritage places, wetlands of international importance, biodiversity conservation, threatened and migratory species, marine areas and parks and nuclear actions.	No contractual termination rights.
Unexploded Ordnance (UXO) (Department of Defence)	Details of whether a site may have potential UXO contamination.	No contractual termination rights.
Fish Habitats	Details of whether a site may be affected by a declared fish habitat area (which may limit coastal development).	No contractual termination rights.
Biosecurity Act - Register of Prohibited Matter and Restricted Matter Permits	Details of biosecurity risks present on property.	No contractual termination rights.
Inland Rail	Details of inland rail freight line. Further enquiries and costs may be necessary if Property is directly affected or is in proximity to line.	Termination under contract (at any time before settlement) if a current proposal in relation to ‘transport infrastructure’ that affects the land

CTS Searches

Search	Description	Right
Community management statement	Real property description, title reference, encumbrances, registered leases, location of land, caveats, lot entitlement, by-laws, details of progressive development of the scheme, administrative advices.	Termination under contract (if material defect). Compensation (if material or immaterial defect and Buyer gives notice prior to settling). Termination or damages under contract (if warranties inaccurate) including that the Seller must be the registered owner at the time of settlement. A right of termination if search reveals an undisclosed body corporate asset (such as a lease).
Title search of common property	Real property description, title reference and owner of common property	Termination under contract (if material defect). Compensation (if material or immaterial defect and Buyer gives notice prior to settling). Termination or damages under contract (if warranties inaccurate) including that the Seller must be the registered owner at the time of settlement. A right of termination if search reveals an undisclosed body corporate asset (such as a lease).
Certificate of Occupancy	Whether the class of the building allows the premises to be used for its existing or intended use (for example, if Property is sold for permanent residence as opposed to temporary letting, that this use is allowed under the certificate of occupancy).	Termination under contract if there is no certificate of occupancy issued at settlement (where a certificate is required) for a failure to give vacant possession.
Body Corporate records search	A review of body corporate records to identify issues not covered by Form 13 Certificate including Levy information, by-laws, lot entitlement, insurances, details of management and letting agreement, referee’s orders, special levies, or where the minutes disclose works required due to building defects such as structural issues, water leak issues, combustible cladding or concrete cancer.	Termination under contract for breach of warranty and if materially prejudiced, termination rights: for inaccuracy in Disclosure Statement; for breach of implied warranty. Time limits apply to the exercise of these rights.
Form 13 Information Certificate	Levy information, by-laws, lot entitlements, insurances.	Termination under contract for breach of warranty and termination Rights: for inaccuracy in Disclosure Statement; for breach of implied warranty. Time limits apply to the exercise of these rights.
Body Corporate Orders (Form 3 BCCM) from Body Corporate Commissioner	Details of Orders made against a particular Community Titles Scheme.	Termination under contract if an order requires work to be done or money spent on the lot or common property. Compensation under contract only if the order was issued prior to contract.
Queensland Fire and Emergency Services	Whether a fire safety report has been issued for the Property, whether the Property complies.	No contractual termination rights.

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