PROPERTY LAW


Buying Property in Queensland: What Searches Should You Do Before Settlement?



Buying a property involves more than inspecting the home, obtaining finance and arranging a building and pest inspection.


By Katie Chan

Property searches can reveal information about the land, title, Council records and, where applicable, the body corporate that may not be apparent from physically inspecting the property.


The searches appropriate for a particular purchase will depend upon the property itself. A buyer purchasing a freestanding house may require different investigations from someone purchasing an apartment, townhouse, vacant land or investment property.


Although Queensland's seller disclosure laws now require sellers to provide certain information before a buyer signs a contract, seller disclosure is not a substitute for a buyer carrying out their own due diligence.


What are property searches?

Property searches involve obtaining information from government authorities, registers, Councils and other relevant bodies about a particular property.


Depending upon the property, searches can help a buyer investigate matters including:


  • ownership and registered interests;
  • easements and other dealings affecting the title;
  • survey information;
  • Council records;
  • rates and water information;
  • planning and zoning;
  • flood or other property-specific information;
  • body corporate records; and
  • other matters relevant to the intended use of the property.


Queensland Government services allow buyers to obtain title searches, survey plans and other property information.


1. Title search

A current title search is one of the fundamental searches when purchasing property.


Among other things, the title identifies the registered owner and registered interests affecting the land.


Depending upon the property, the title may refer to matters such as easements or other registered dealings that warrant further investigation.


It is important not only to identify an entry on the title but, where relevant, to understand what the underlying registered document actually provides.


For example, an easement may give another person or authority rights over part of the land.


2. Survey plan

A survey plan can provide information about the legal parcel of land being purchased.


Queensland Government property services allow copies of survey plans to be obtained together with title and other property products.


Depending upon the property and the buyer's concerns, additional advice from a registered surveyor may also be appropriate.


This may be particularly relevant where there are concerns about:


  • boundaries;
  • fences;
  • structures close to boundaries;
  • encroachments; or
  • the physical location of improvements.


A title or plan search should not be confused with having a surveyor physically survey the property.


3. Council searches

Local Council searches can provide additional information about a property.


The searches available and information provided vary between Councils.


Depending upon the property and the relevant local authority, searches may assist with investigating matters such as:


  • rates;
  • property records;
  • planning information;
  • building or development information; and
  • other Council-held records.


The appropriate searches should be considered in light of the particular property and the buyer's intended use.

For a Gold Coast property, this may involve searches and information held by the City of Gold Coast.


4. Rates and water information

Rates and water information is also relevant to the conveyancing process.


Amounts payable in relation to the property can be relevant to settlement adjustments so that responsibility for particular charges is appropriately apportioned between the seller and buyer under the contract.


The precise treatment of rates, water and other outgoings depends upon the contract and the particular charges involved.


These searches can therefore serve both a due diligence and settlement preparation function.


5. Planning and zoning information

A buyer should not assume that because a property is currently being used in a particular way, every future use they have in mind will necessarily be permitted.


Planning controls can become particularly important where a buyer intends to:


  • renovate or extend;
  • redevelop the property;
  • operate a business;
  • change the use of the property;
  • subdivide; or
  • undertake significant building work.


Where the intended use is important to the purchase decision, appropriate planning investigations may be required before the buyer becomes unconditionally bound.


6. Flood and other hazard information

Depending upon the location, buyers may also wish to investigate flood, overland flow or other hazard information relevant to the property.


This can be particularly important where the property's location or history raises concerns.


A search result does not necessarily predict whether a particular property will or will not be affected by a future event. However, available mapping and property information can help a buyer make a more informed decision.


7. Body corporate searches

If you are purchasing an apartment, townhouse or another property within a community titles scheme, the body corporate warrants particular attention.


Since Queensland's seller disclosure reforms commenced on 1 August 2025, buyers of body corporate properties receive additional information before entering the contract, including relevant body corporate documentation.


However, a buyer may still wish to investigate the body corporate's records in more detail.


Queensland Government guidance identifies potentially useful records including:


  • contracts entered into by the body corporate;
  • financial information;
  • committee meeting minutes; and
  • general meeting minutes.


These records can reveal matters that may be financially or practically important after settlement.


What can a body corporate records search reveal?

Depending upon the scheme and records available, a search may assist in identifying matters such as:


  • financial issues;
  • proposed expenditure;
  • significant maintenance;
  • disputes;
  • insurance information;
  • contracts with body corporate managers or service contractors;
  • decisions concerning common property; and
  • issues raised at committee or general meetings.


Queensland bodies corporate are required to retain various records, including accounting and financial records, insurance policies, correspondence, meeting minutes and certain contracts.


A buyer of a lot in a relevant community titles scheme is also among the people entitled to request access to body corporate records, subject to the applicable process and fees.


This is why a body corporate search can provide information beyond simply knowing the current quarterly levy.


What about body corporate levies?

The amount of the current levies is important, but buyers should consider the broader financial position of the scheme.


For example, a relatively modest current levy does not necessarily tell you whether substantial expenditure is being contemplated.


The current Queensland body corporate certificate provides buyers with information concerning the body corporate and the lot, including levies and other specified information. Buyers can also seek access to additional records where appropriate.


Meeting minutes and financial records can therefore be particularly useful when investigating a community titles property.


8. Easements and registered interests

An easement may allow another person or authority to use part of the property for a specified purpose.


Examples can include rights associated with:


  • access;
  • drainage;
  • sewerage;
  • utilities; or
  • services.


The existence of an easement does not necessarily mean a buyer should not purchase the property.


The important issue is understanding what rights exist and whether they affect the buyer's intended use of the land.


For example, an easement could potentially become relevant to plans for an extension, pool or other development.


9. Searches relevant to the particular property

There is no single search package that is appropriate for every Queensland property.


Additional investigations may be warranted depending upon matters such as:


  • the property's location;
  • age and type;
  • whether it is strata or community title;
  • proposed renovations;
  • intended development;
  • the buyer's proposed use;
  • matters disclosed by the seller; and
  • issues identified during the transaction.


The objective is not necessarily to order every conceivable search. It is to identify the searches that are appropriate for the particular property and the buyer's plans for it.


Doesn't the seller now have to disclose property information?

Yes, but this does not eliminate the need for buyer due diligence.


Queensland's statutory seller disclosure scheme commenced on 1 August 2025.


Most sellers must provide the buyer with a prescribed disclosure statement and prescribed certificates before the buyer signs the contract.


For community titles properties, the disclosure process also involves body corporate information.


For a detailed explanation, read Queensland Seller Disclosure Laws: What Property Sellers Need to Know.


The important point for buyers is that seller disclosure and buyer searches perform different functions.


The fact that something is not required to be included in the seller's disclosure material does not necessarily mean it is irrelevant to the buyer.


Should searches be done before signing the contract or before settlement?

This depends upon the search and the terms of the contract.


Some matters may be sufficiently important that they should be investigated before the buyer signs.


Others are commonly undertaken during the conveyancing period after the contract has been entered into.


The distinction matters because once a buyer signs a contract, their ability to terminate or require the seller to rectify an issue depends upon the terms of the contract and applicable law.


A buyer should therefore not assume that discovering an undesirable search result automatically gives them a right to withdraw from the purchase.


For more information about what should be considered before signing, read Buying Property in Queensland: What to Know Before You Sign a Contract.


Are property searches the same as building and pest inspections?

No.


They serve different purposes.


A building and pest inspection generally investigates the physical condition of the property, whereas legal and government searches investigate records and information associated with the land and property.


A buyer may therefore require both.


For more information, read Building and Pest Conditions in Queensland Property Contracts: What Buyers Need to Know.


What happens with searches at settlement?

Some searches and enquiries are also relevant to preparing for settlement.


Your conveyancer or solicitor will undertake the steps required to prepare the transaction for settlement, including dealing with relevant adjustments and settlement requirements.


Most Queensland conveyancing settlements are conducted electronically.


You can read more about the final stage of the transaction in Property Settlement in Queensland: What Happens on Settlement Day?


Why are property searches important?

The purchase price of a property is usually significant, and problems discovered after settlement can be difficult or expensive to address.


Searches can help a buyer understand more about what they are purchasing before the transaction is completed.


The appropriate searches will depend upon the property, but they can form an important part of the overall due diligence process.


This article provides general information only and is not legal advice. The searches appropriate to a property purchase depend upon the property, contract and buyer's individual circumstances.

Property lawyers and conveyancing on the Gold Coast


KMB Legal assists buyers with Queensland residential

property purchases, including contract reviews, conveyancing,

property searches and settlement.


Our Gold Coast property lawyers can advise on the searches

appropriate to the particular property and any issues identified

during the conveyancing process.


Free 30-minute initial telephone consultation.


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