What should buyers know about title deeds and property transfers
Category BUYER'S TIPS
Understanding title deeds and the transfer process is key when buying property. The title deed is the official legal document proving ownership, and the transfer of property is officially completed once it is registered with the Deeds Office.
There are various aspects that buyers should be aware of:
- The conveyancing process is managed by attorneys selected by the seller, ensuring compliance with all legal requirements.
- Transfer costs and fees are the responsibility of the buyer.
- The process may take up to three months, depending on factors such as bank approvals, compliance certificates, and Deeds Office processing times.
- Before finalising a purchase, it's crucial to verify property details, including ownership history, servitudes, and any restrictions.
Working with the right professionals ensures a smooth transfer, protecting your investment and ensuring a hassle-free transaction.
Before any transfer of property can occur, various compliance certificates will need to be issued. These include electric, plumbing, gas, beetle, and electric fence certificates.
The seller is required to pass the home inspection process to make sure that all these areas of the home are up to code. If not, sellers are responsible to cover the costs of addressing any issues that are pointed out for the certificate to be issued.
Most compliance certificates will be valid for a period of two years. Even within that period, the certificates will need to be re-issued if any work has been done to the home. If no faults are found during the inspection process, the seller will usually just need to cover the call out fee for the respective professionals. If faults are found, the cost will escalate depending on the work that needs to be completed.
One of the certificates that will need to be issued is a valid Electrical Certificate of Compliance (ECOC) which can be issued by a certified electrician. This inspection will check that all electrical installations including plug points, light fittings, DB board, electric oven, and visible wiring, are correctly installed and in working order.
Similarly, if the property has any electric fencing, this will need to be checked by a qualified electrician who can then issue an Electrical Fence System Compliance Certificate. If the property makes use of liquid gas (a gas cooker, for example), a Gas Certificate of Conformity will need to be issued. This is to ensure that the gas has been installed correctly and that there are no gas leaks.
To ensure that no beetles have been eating their way through any timber framing within the home, a Beetle Infestation Clearance Certificate will also need to be issued. It is important to note that this inspection does not necessarily include checks for other kinds of insect or rodent infestations.
Although these compliance certificates do exist as a form of protection for the buyer, these inspections are primarily concerned with checking that the relevant fittings have been correctly installed and are up to code. The home may still contain other defects that fall beyond the scope of the various compliance certificates. If a buyer does not want to be surprised by defects that are not covered by the scope of the various compliance certificates, it is recommended that the buyer pays to have their own certified professionals inspect the home as well.
Those who are unsure about what is and is not covered by the compliance inspections are encouraged to chat to a local real estate agent for some broad guidance on these matters. As experts in their local market, real estate agents can offer some free advice and are often able to point you in the right direction of other well-vetted plumbing and electrical professionals who can provide you with more specialised advice.
Author: PROPERTY 24