As a result of assessing a development application it may be necessary to place requirements on the property that regulate the ongoing use of the property. Many land constraints are also written into an approval to develop or subdivide land. The requirements are called "Property (Development) Conditions." The conditions are transferred to any newly created properties and remain relevant and binding, despite changes of ownership.
Property (development) conditions remain with the land
The property (development) conditions remain with the land and are legally binding on the owner. Therefore, even if you are not the first owner of the property (i.e. you are not purchasing from the directly from the developer), the property (development) conditions are still effective.
What property conditions are attached to my land?
Your solicitor or conveyancing consultant is able to do a range of Council property searches that will reveal any property conditions that are attached to your land.
You may require further information about a property (development) condition that affects your land. Your search will specify whether further information is available. This information is usually available to view at Council's Customer Service Centres.
Council keeps documents such as Bushfire Management Plans filed for your reference. These files are called PUBLIC ACCESS FILES meaning you (as a member of the public) are allowed to access them. You may also photocopy (for a small fee) any of the documents in the Public Access File you wish to take away with you.
Public Access Files (PAFs)
To view a public access file, you need to make a note of the Council PAF file number that was printed next to the property (development) condition in the search or simply bring your search with you to a Council Customer Service Centre.
Not all land constraints are revealed in a property search. For example, your land may be subject to special conditions of a State or Federal Government law or covenants on the deed set by the original developer.