Different situations

Start with what you are actually buying

The questions to ask depend on whether the property is complete, still being built or being purchased for future work.

Off the plan property

The buyer signs a contract before the property is completed or a separate title exists. The decision relies heavily on the contract, disclosure documents, plans and specifications because the finished property cannot yet be inspected.

Recently completed home

The property can usually be inspected, although approvals, final inspection documents, warranty information and consistency with the approved plans still need to be checked.

Buying to renovate

The existing building and land are purchased with plans for alterations or additions. Feasibility depends on the condition of the property, existing approvals, planning controls, site constraints, design and construction costs.

Demolishing and rebuilding

An existing property is purchased primarily for the land and the opportunity to build again. Demolition and the proposed new dwelling may involve different planning, building, environmental and service requirements.

Engaging a builder

Where the buyer will enter a separate building contract after purchasing, the builder, contract, specifications, payment schedule, insurance and project risks all require their own assessment.

These situations can overlap. A buyer may purchase an existing home, renovate part of it and later complete a larger rebuild. Assess the immediate purchase and the longer term plan separately.

Off the plan

Understand the contract before relying on the finished property

An off the plan purchase involves committing to a property that has not yet been completed or registered as a separate lot. Settlement may occur well after the contract is signed.

The applicable legislation and disclosure requirements differ between proposed land and community title property such as an apartment. Do not assume the same rules, timeframes or protections apply to every off the plan contract.

The contract may deal with:

  • The deposit and how it is held
  • The proposed settlement process
  • Registration of the plan and title
  • Changes to plans, dimensions, finishes or common property
  • Substitution of materials or appliances
  • Sunset dates and termination rights
  • Delays and extensions
  • Defects and inspection procedures
  • Body corporate arrangements and estimated contributions where relevant
  • What happens if finance or valuation circumstances change before settlement

Plans, renders, display suites and marketing material may not form part of the contractual promise. The contract, disclosure documents and specification need to be read together to understand what the seller is required to deliver.

A lender may assess the property again closer to settlement. If the valuation or the buyer's financial circumstances have changed, additional funds may be required to complete the purchase.

Ask a Queensland solicitor or law practice experienced in off the plan property to review the contract, disclosure documents, specification, variation rights and sunset provisions before signing.

Completed new homes

Check the property and its completion records

A newly completed home can be physically inspected, although its age does not confirm that the work is complete, approved or free from defects.

The documents required depend on the building class, approval pathway and work completed. They may include:

  • Planning approvals and conditions where required
  • Building approval and approved plans
  • Inspection certificates and final building documentation
  • A Certificate of Occupancy where one is required for the building class
  • Engineering, waterproofing, electrical, plumbing or other compliance records where relevant
  • Pool safety documentation where a regulated pool is present
  • Smoke alarm compliance information
  • Product, appliance and builder warranties
  • Queensland Home Warranty Scheme records where the work is eligible
  • Body corporate records for community title property

A Certificate of Occupancy, Form 11, does not generally apply to a detached Class 1a house or a Class 10 structure. The correct final documentation should be confirmed for the particular building.

Compare the completed property with the approved plans, specifications and inclusions. Any difference should be investigated rather than assumed to be minor or approved.

An independent building inspection may identify incomplete work, defects or matters requiring further assessment. An inspection cannot guarantee that every defect or compliance issue will be found.

The Queensland Home Warranty Scheme does not cover every building or every type of work. Eligibility, exclusions, cover periods and claim timeframes should be checked for the individual property through the Queensland Building and Construction Commission.

Buying to renovate

Confirm what is possible before pricing the project

Renovation potential should not be assessed from the floor plan or appearance alone. The property may be affected by planning controls, existing approval issues, structural conditions, access limitations, hazards or services that change what can reasonably be achieved.

Before relying on a renovation plan, consider:

  • Whether the existing buildings and uses are approved
  • Whether the proposed work is accepted development or requires planning approval
  • Zoning, local plan provisions and mapped overlays
  • Heritage places or character areas identified through the Heritage Overlay
  • Flood, bushfire, coastal, biodiversity, vegetation and landslide considerations where relevant
  • Height, setbacks, site cover, private open space and other built form requirements
  • Easements, covenants and title restrictions
  • Structural condition, moisture, termites and other building defects
  • The possible presence of asbestos or other hazardous materials
  • Electrical, plumbing, drainage and wastewater capacity
  • Access for construction vehicles, materials and equipment
  • Preliminary design, construction and professional costs

A building and pest inspection can help identify visible defects and areas requiring specialist assessment. It does not confirm planning feasibility, provide a complete structural assessment or establish the final cost of renovation.

A town planner can assess the planning scheme and mapped constraints. An architect, building designer, engineer, building certifier or builder may also be needed, depending on the proposed work.

Preliminary advice does not guarantee approval, final design, construction cost or builder availability. It helps identify whether the proposed plan is realistic enough to support the purchase decision.

Demolition and rebuilding

Assess the land and the proposed dwelling separately

Purchasing a property for demolition and rebuilding involves more than confirming that the existing home has limited value.

A new dwelling may be accepted development where it complies with the relevant requirements. Planning approval or council referral may be required where the proposal does not comply or the site is affected by particular constraints.

Demolition may also require planning or building approval depending on the property, building and applicable controls.

Before purchasing on this basis, investigate:

  • Zoning and the applicable planning scheme
  • Local plan and Heritage Overlay requirements
  • Flood, bushfire, coastal, vegetation and landslide constraints
  • Building height, setbacks, site cover and access
  • Easements, covenants and title restrictions
  • Demolition requirements and possible hazardous materials
  • Service disconnection, relocation or upgrading
  • Stormwater, wastewater and earthworks
  • Preliminary design feasibility
  • Indicative demolition, construction and professional costs
  • Whether suitable builders and consultants are available for the proposed project

Do not assume the existing footprint, height or use can automatically be replaced. The new proposal must be assessed under the requirements applying at the time.

Builders and contracts

Check the builder and the agreement

A builder's licence, experience and previous work should be assessed before entering a building contract.

Consider:

  • Whether the builder holds an active Queensland Building and Construction Commission licence
  • Whether the licence class covers the proposed work
  • The legal entity named in the licence and contract
  • Available disciplinary, exclusion or licence history
  • Experience with comparable projects and site conditions
  • References and completed projects
  • The plans, specification, inclusions and exclusions
  • Prime cost items and provisional sums
  • Variations, extensions of time and delay provisions
  • Deposit and progress payment requirements
  • Insurance and warranty arrangements
  • Defect identification and completion procedures

Most domestic building work valued at more than $3,300, including labour, materials and goods and services tax, requires a compliant written contract. For contracts valued at $20,000 or more, the contractor must provide the Queensland Building and Construction Commission Consumer Building Guide before the owner signs.

A Queensland Building and Construction Commission contract is not the only contract form that may comply with the law. Ask a solicitor experienced in Queensland building contracts to review the agreement before signing.

Work completed under an owner-builder permit is not covered by the Queensland Home Warranty Scheme in the same way as eligible work completed by a licensed contractor. Where an owner-builder property is sold within the relevant period, particular notice requirements may apply. Ask a solicitor or law practice to review the title and contract documents.

Planning and approvals

The property determines the approval pathway

Development assessment in Queensland operates under the Planning Act 2016, the Planning Regulation 2017 and the applicable local government planning scheme.

Properties within Noosa Shire are assessed under Noosa Plan 2020. Nearby properties within the Sunshine Coast Council area are subject to the Sunshine Coast Planning Scheme.

In many cases, a compliant dwelling house can proceed through the building approval process without a separate planning application to council. Planning approval or referral may be required where the proposal does not meet the applicable requirements or the site is affected by a relevant constraint.

Internal alterations and minor work do not all follow the same approval pathway. The zone, overlays, building classification, scope of work and existing approvals should be checked for the individual property.

Noosa Council offers general development enquiries, written advice and prelodgement meetings. These services can help identify relevant issues, although council feedback does not guarantee approval or determine the final conditions of an application.

Use current council mapping and property records. Planning controls and mapping can change, and the absence of a visible constraint during an inspection does not confirm that none applies.

Before committing

Bring the main checks together

Contract advice

Have the property contract, off the plan contract or building contract reviewed by the appropriate Queensland solicitor or law practice before signing.

Planning feasibility

Confirm the applicable planning scheme, zoning, overlays and approval pathway for the proposed work.

Existing approvals

Obtain available planning, building, inspection and compliance records for the property.

Plans and specifications

Check that the plans, inclusions, finishes and variation rights match what you are relying on.

Property condition

Arrange an appropriate building inspection and any further structural, engineering, asbestos or specialist assessment required.

Title matters

Check easements, covenants, boundaries and other title matters that may affect the project.

Site constraints

Consider access, slope, drainage, vegetation, hazards, services and space for construction work.

Builder or developer

Check the relevant licence, legal entity, experience, project history and available records.

Cost advice

Obtain estimates based on the property, proposed design, site conditions and current scope rather than relying on general cost guides.

Finance and valuation

Confirm how the purchase, renovation or construction will be funded and what may happen if costs or valuation change.

Insurance and warranties

Check the insurance required during ownership and construction and whether Queensland Home Warranty Scheme cover applies.

Timing and contingency

Allow enough time for design, approvals, builder availability, variations, unforeseen work and other project delays.

The value of this work is not predicting every problem. It is understanding enough about the property and proposed project to decide whether the plan remains realistic before committing.