E72. Don't buy a block of land without checking these things first

In this episode of the Building Design, Prime Time Podcast, Frank and Amelia dive into the hidden challenges of buying land and navigating the building process. Whether you're purchasing your dream block or tackling construction, this episode is packed with essential tips to help you avoid costly mistakes and ensure a smooth journey.

This episode embodies two recent real-life examples of people who have purchased a block of land and there have been restrictions that have caused design limitations and increased costs.  

Thinking of buying land? Learn why a thorough site analysis is critical, including how to uncover title restrictions, planning overlays, and potential nuisances like industrial noise or traffic. The episode highlights valuable resources, including Tasmania's PlanBuild website and The LIST, that can help buyers make informed decisions.

Before you sign on the dotted line, hear the expert advice on avoiding properties with hidden costs or restrictions that could derail your plans. Don’t miss this practical and informative episode—your guide to smarter, stress-free building design.

🎧 Listen now on your favourite podcast platform including Spotify!


About us
Prime Design is a building design company locally owned and operated in Tasmania since 2004.  Our goal is to share as much valuable information as possible about the process of building design, extensions, and more. We will talk about a different topic each week. To suggest a topic you would like us to talk about contact us at info@primedesigntas.com.au

Disclaimer
The information provided on this podcast is for educational and informational purposes only and is not intended to be a substitute for professional advice, individual circumstances, or remedy. We strongly suggest you consult a qualified professional before taking any action based on the information provided in this podcast. The views, opinions, and information provided in this podcast are those of the hosts do not necessarily reflect the official policy or position of any other agency, organisation, employer, or company. All content provided on this podcast is provided “as is” without warranty of any kind. We make no representations as to the accuracy, completeness, currentness, suitability, or validity of any information on this podcast and will not be liable for any errors, omissions, or delays in this information or any losses, or damages arising from its use. We reserve the right to change content or delete any information provided on this podcast at any time without prior notice.

Transcript

E72. Don't buy a block of land without checking these things first

[INTRO] (0:08 - 0:24)

Hello and welcome to the Building Design, Prime Time podcast, focused on providing valuable information for anyone looking to undertake a new build or extension project. We'll share our tips, tricks and stories from a building designers perspective.

[Amelia] (0:26 - 3:00)

Hello and welcome to the Building Design Primetime podcast. I'm your host Amelia and once again we're joined by Frank Geskus. 

[Frank]

Afternoon Amelia, how are we?

[Amelia]

Pretty good. 

[Frank]

That's the way. 

[Amelia]

You've got a very passionate topic to talk about this week.

[Frank]

I have, I'm sorry, I'm going to get my soapbox a bit here. We've spoken about this plenty of times before. When you buy a piece of land, get research done on the covenants, the titles, planning overlays, anything and everything that you can look at.

And don't just listen to the solicitors, don't just listen to the sales people selling you a lovely piece of green grass. You need to go talk to professionals in the building industry as well. Just had a couple of beautiful projects come along that we've been brought into.

And some of the items that have popped up have kind of, I was a little bit shocked. 

[Amelia]

Oh, they've thrown a spanner in the works, haven't they? 

[Frank]

Well, yeah, and I haven't had a chance to talk to the customer and a few other things yet. But anyway, we had designed a house and but once we got going on it, got the survey done, going through all the details, we find this lovely clause on the title. And that says Council and Tas Water. Tas Water is our sewer and water authority in Tasmania.

Cannot guarantee entirety of the lots, one and two, on the plan can be serviced by gravity, sewer and stormwater. Now this is in a built up area. 

[Amelia]

Really?

[Frank]

So it looks like it's the end of the line and they never thought these two lots would become available. 

[Amelia]

So this is just something that hasn't been checked before they've purchased it? 

[Frank]

Well, look, they've done it all legitimately. It's there in black and white. There was also another clause in here too. And I thought this was pretty interesting because I'm just looking at it. Like there's blocks all around it, except for some other ones, public open space and stuff. And then there's another clause in there that goes approved by local authority. The corporation, which I believe is the Tas Water, subject to qualification that the corporation cannot provide water to lot one and two.

As the elevation is X amount above the state height datum. So what they're saying is we can't supply water. And what we found, they actually have supplied water, but we’ve since  found out they can't guarantee the pressure of the water.

[Amelia] (3:00 - 3:00)

Okay.

[Frank] (3:00 - 4:25)

Now that doesn't sound a lot, but your fixtures in your house have to run in a certain pressure zone. If you've got too much pressure, you know, you break seals and it's not guaranteed. So I've seen some houses, my son and his wife, we did one and they had to put a pressure reducer outside the house.

So it didn't damage the fixtures. In this case, it hasn't got enough pressure on this lot. 

[Amelia]

Okay.

[Frank]

So they might have to go old school, bit like many, many years ago when you had galvo pipes everywhere. They used to have a header tank in the roof. 

[Amelia]

Yes.

[Frank]

And that helped do the gravity feed. In this case, we might put something similar, might put a pump on it. 

[Amelia]

Okay.

[Frank]

To keep the water pressure right. So it's a solution, but it may not get the amount of flow as well. 

[Amelia]

So you can't have like a water tank or anything?

[Frank]

Yes, that’s what I’m saying, water tank with a pump. 

[Amelia]

Yeah. Okay. So it still has to be up higher? 

[Frank]

Not necessarily, not anymore. No, you put a pump in there. Pumps have come a long way. It's been really good. 

[Amelia]

Oh, that's something I guess.

[Frank]

It’s just something they wouldn't have expected to pay for. 

[Amelia]

No, well, it does seem very odd considering it's a built up area. I guess they probably would have assumed that all of that would have been very straightforward.

[Frank]

Well, I hope to find out. I've yet to talk to the customer, but I believe, yeah, I've got to point this out. We've found a solution for the sewer and stormwater. We can do it with the house they want. We can get gravity fall, but they had some other plans for the site and we won't be able to do that.

[Amelia] (4:26 - 4:26)

Okay.

[Frank] (4:26 - 13:18)

With putting pumps and tanks in. 

[Amelia]

Yes. 

[Frank]

I think it's expensive.

[Amelia]

It would. 

[Frank]

So I estimate there's another, you know, possibly if we couldn't be another $30,000. 

[Amelia]

Not everyone has that lying around extra on top of their build.

[Frank]

We have to budget, don't you? Yeah. You'd rather spend the money on a nice bench top, nice floor covering.

[Frank]

Exactly. Big picture window. 

[Amelia]

Yes. Raked ceiling. 

[Frank]

Yeah. Lovely stuff, but this is on the title.

So it's readily available, but I see a lot of those where it might be a part five agreement. Or as I read this other way out to this one, this is on a totally different one. This is on the development agreement for the subdivision.

Got to protect a cute furry, well, cute feathered friend. We have swift parrots in Tasmania that are protected and all for that. But what was interesting in this particular covenant, they had to do best practices of protecting the swift parrots as incorporated in all house and building designs feature to minimise collision risk by swift parrots.

[Amelia]

How do you do that? 

[Frank]

There is actually a parrot safe building design available. 

[Amelia]

Is there really? 

[Frank]

Yeah. 

[Amelia]

Wow. 

[Frank]

We've dealt with this before.

[Amelia]

Okay. 

[Frank]

But this is in a bush area. It's not the only bird you got to worry about.

[Amelia]

No. Okay. 

[Frank]

Yeah. But that's the only one in that one that's protected. Yeah. They've got to do weed control for five, weed management plan for five years.

Seagull barriers to protect native vegetation, not damaging during construction. So probably if you're in a bush, this becomes a bushfire prone, right? 

[Amelia]

Yes.

[Frank]

Then you've got to clear a fair bit of bush and scrub to protect your house. 

[Amelia]

But they're wanting it not to damage anything by the sound of that.

[Frank]

It’s a fine line.

[Amelia]

Yeah it would be. 

[Frank]

You've got a building envelope. But we found a bigger problem on this site that's not on the title or covenants or easements. 

[Amelia]

What's that?

[Frank]

We don't know if we can get the fire truck down to the building site. So because it's bushfire, we've got to prove to get a fire truck down.

[Amelia]

Okay.

[Frank]

It's so steep, it's ridiculous. And you've got to put a turning circle at the end or turning Y junction so you can turn a 20 ton fire truck up there. So it can access the tank.

But that's sitting out of the ground like three and a half metres at the highest point. 

[Amelia]

You're kidding. 

[Frank]

And it's landslip.

[Amelia]

Oh No! 

[Frank]

So that means it's going to be really hard to do in a landslip zone. 

[Amelia]

That's not a good combination, is it? 

[Frank]

No, that means the house is hanging way out of the ground as well. And this guy's on a tight budget. 

[Amelia]

I was going to say that would cost a fortune to try and fund. 

[Frank]

But what I don't understand is that you've got the building envelope in one of the steepest parts of the block.

[Amelia]

Oh no. 

[Frank]

These are the things we're going to go back to the client and say, look, these are our problems. These are the restrictions, the challenges. And we've got to try and think of ways to solve some of these. Mentioned about the sewer. Yep, we could do it.

But what happens if the client came to me and they want to do something different because of the view or position, you know, where they want to play, where they want to sit outside and we can't get forward to the sewer. I mean, I'm going to put a tank and a pump in. 

[Amelia]

Yeah. Yep. 

[Frank]

You know, what I'm trying to point out is be clear when you're buying a block of land, know what you're buying and what the potential expenses are. 

[Amelia]

And to be fair, most real estate agents are not going to have this level of detail.

[Frank]

But they're not trained for it. 

[Amelia]

No, exactly. 

[Frank]

So you need to see a building professional. Most building designers, architects are okay with this. If they do a lot of residential, they should be pretty up to speed. Building surveyors as well.

So spend a bit of time or money. You might have to spend an hour of their time to do research and then they can tell you. Because if you're spending, I don't know how much they pay for some of these blocks, they might be $300,000 odd.

[Amelia]

Yeah, you never know. They've gone up in price. 

[Frank]

And the budget for the house might be X amount. 

[Amelia]

Yes. 

[Frank]

Then, hey, I need an extra $30,000, $40,000 to fix this. Or in this driveway case, we're estimating about $100,000 driveway.

Hasn't even started on the house yet. And I can't emphasise this enough. Finding out this information so that you're fully prepared going into the block and you're fully aware of it.

[Amelia]

Oh, look, it's peace of mind when you get this stuff done. 

[Frank]

Yeah, 100%. Yeah. But there's a lot of research of looking at a piece of land. And there's some ridiculous things that the council departments put on some of these titles. So flood overlays is one of those pillars as well. With flood, it's more like storm. When we get storm events and then the water builds up. Water will always go to the path of least resistance.

[Amelia]

Yes. 

[Frank]

And we saw that in Hobart. I think it was about five, six years ago. Had a one in 113 year flood and whole streets became rivers. 

[Amelia]
I remember. The university flooded, all kinds of stuff.

[Frank]

Sides of houses got taken out and all sorts of crazy stuff. And lucky no one got hurt. But we spoke about rural blocks and other types of blocks.

This is where it's really critical for everyone to research. Because the lawyers don't know what some of this stuff means. You need to see a building professional.

[Amelia]

Oh, definitely. 

[Frank]

Anyway, that's been my fun for the last couple of weeks. I reckon. Dealing with this. 

[Amelia]

And it must be quite challenging trying to problem solve some of this stuff. Because you do have limitations. There is only certain stuff you can do. Or maybe you can't do what the client wanted in the first place. 

[Frank]

Exactly. And then I come across as the bad guy saying, well, this is what we found. This is what we've got to deal with. And certainly we come up with solutions.

Like I mentioned about I was able to come up with a solution with the sewer, storm water and the water. There's a solution there. There's potentially a solution for this gentleman with a really steep site.

But it's going to take a long time to sort it. 

[Amelia]

And the additional cost that goes with it. 

[Frank]

Might be a lot cheaper than what he's trying to face now.

[Amelia]

Oh, that's good. 

[Frank]

So part of a designer and architect, that's what we are doing. We are problem solving these things. And we're going to start on the design of the house. 

[Amelia]

Yeah. Yeah.

[Frank]

And I believe a lot of people don't realize this technical stuff is in regards to titles and all the associated documents. Your land surveyor, registered land surveyors will be able to help you with this as well. Because a lot of them put these together.

[Amelia]

Yes. 

[Frank]

Because, you know, when they make planning applications for subdivisions. So a land surveyor could be helpful and they can guide you in the right direction.

And please be aware that building designers, architects aren't experts in all areas. They just know pieces of these and who to talk to, who to get a report off and help you organise that. Or they'll just plain organise it for you.

[Amelia]

Yes. 

[Frank]

And this is where it gets confusing for the average person. 

[Amelia]

Oh, definitely. And it is confusing. Like a lot of that jargon that they have in the covenants and the schedule of easements. I've read through some of them and I'm like I don't actually know what I've just read. It is quite confusing.

[Frank]

It's legal speak. 

[Amelia]

Yeah, exactly.

[Frank]

It has to be that way, you know. And sometimes it's old legal speak. Because some of these could be 100, 150-year-old titles.

[Amelia]

Exactly. 

[Frank]

You know. It's all in roods and perches. And this was donated. One of the best ones I've seen is donated land. 

[Amelia]

Really?

[Frank]

Yeah. And then they can't sell it. 

[Amelia]

Oh, that makes it hard.

[Frank]

Yep. Really hard. And I have a couple of situations. And the maintenance and everything on these properties is killing the organisation. 

[Amelia]

Mm-hmm. 

[Frank]

That's a totally different thing if we're talking about housing.

[Amelia]

Yes. 

[Frank]

Also part five agreements. And we've spoken about this before. Make sure if it's on the title. And again, this is where we can assist. You need to get a copy of that.

And same with Section 72s. Now, please be aware I'm talking about the Tasmanian titles. Okay.

[Amelia]

Do you mean Section 71? 

[Frank]

Section 71. My bad. Yes. Thank you. On the mainland. Sorry. In different states would have different wording for these, I have no doubt. But you're looking for hidden reports that may reference but are not on there.

[Amelia]

Yes. My block is actually a good example of that that you picked up. Yes. There was one in there which I got a copy of from the conveyancer. 

[Frank]

Okay. At least your conveyancer is on the ball.

[Amelia]

Yeah. 

[Frank]

Not all of them are, unfortunately. So, yes.

So, that's my fun and games I've had the last two weeks trying to sort that out. 

[Amelia]

Yes. It can be a lot more challenging than, you know, just buying a block sometimes, can't it?

[Frank]

Oh, yes. Yes. And it's just being aware of these. Who to go to. You just need to know who to go to.

[Amelia] (13:18 - 13:19)

Mm-hmm.

[Frank] (13:19 - 14:43)

Probably another little topic. And this is where having to help someone out where a pool builder installed the pool incorrectly. And it's, by the time they're tiled around the pool, they only have about 35, 45 millimetres step between the tiles into the house.

And then it made the house non-compliant with the building code. 

 [Amelia]

Because there wasn't enough full or? 

[Frank]

Not enough step.

[Amelia]

Oh, okay. 

[Frank]

Because you've got to have a minute and 90, preferably 150 millimetre step between inside and outside for. 

[Amelia]

Oh, my goodness. How do you fix that? 

[Frank]

Yeah. They had to rip out. It was actually higher than that. It was closer to 20 mil, but they've had to rip all the tiles off and all that. So, putting a new drain, like a grated drain, it goes for nearly 35 metres, this grated drain.

[Amelia]

Oh, wow. 
 
 

[Frank]

And then relay the tiles, fall away, put a new, take the cladding off, put a new flashing in. Yeah. So, we've got to go for a performance solution. 

[Amelia]

Really? 

[Frank]

Because I put the finished surface level of the pool at the wrong height.

[Amelia]
Oh, no. That wouldn't have been as per the plans, I wouldn't imagine. 

[Frank]

No. Yes, but those things are just watching out for tradies to make sure they do the right thing. Because we've seen plenty of times, you know, concreters putting the footpaths next to houses, covering up the weep holes. 

[Amelia]

Yes, you've talked about that one before. That's a big one. 

[Frank]

No, it just happened again.

[Amelia] (14:43 - 14:43)

Again?

[Frank] (14:44 - 16:39)

Yeah. Oh, dear. Yeah, and if you rip it up, you actually do more damage to the side of the house and everything.

So, yeah. 

[Amelia]

What about a site analysis? 

[Frank]

Yeah, we do those all the time, every site we do. We do an on-paper site analysis. 

[Amelia]

Would you say that that would give a sufficient level of detail before purchasing block of land?

[Frank]

Only part of.

[Amelia]

So, what are the extra things that people possibly should be, you know, looking into or concerned about? 

[Frank]

There's two key things. You've got the titles and what's written in the titles, easements, overlays, right-of-ways, part fives, all that stuff I spoke about before.

But also then you've got the planning overlays and any restrictions. 

[Amelia]

Which are in the planning scheme. 

[Frank]

In the planning scheme. Yes. And then in Tasmania, we're very fortunate, we have got landslip maps readily available. We can find all that information.

Attenuation areas, all these types of things. We can find this information easily. So, if you're too close to a sewerage works, a crematorium or whatever, it could be near a speedway, car racing facility, bike racing, you know, all sorts of stuff.

You need to know about that stuff. And that's why you've got two different areas you need to really do a lot of research on. Okay.

And it's not just when you're buying a block of land. When you're buying a house, I would recommend you check this out.

[Amelia]

Oh, definitely. You want to know if there's going to be odd smells or if there's going to be... 

[Frank]

The same thing where people have bought a house near a church. 

[Amelia]

Yes.

[Frank]

You know, so that church is generally very busy on one day. 

[Amelia]

Lots of traffic, yeah. 

[Frank]

Lots of traffic and potentially a fair bit of noise. Hope you like the singing. 

[Amelia]

Yes. 

[Frank]

You know, and that's just what it is. No different if you live next to a school or childcare. 

[Amelia]

Exactly. Yeah.

[Frank]

Don't bitch and moan and complain because you moved next to something that's existing. Same, industrial is the classic one though.

[Amelia](16:39 - 16:40)

Oh, yeah.

[Frank] (16:40 - 18:12)

In your industrial area and they are noisy. So do lots and lots of research. It's not hard.

What's available now? It's so easy to find this stuff. 

[Amelia]

Oh, look, my first point of contact would actually be the PlanBuild website. I find that that's... 

[Frank]

That's in Tasmania. 

[Amelia]

That's in Tasmania. I'm guessing the mainland would have their own similar versions of that, hopefully. 

[Frank]

If anyone can tell us what they have, how to do research on that. But that's very, very good because that's linked to The List.

[Amelia]

It is. 

[Frank]

Another very good facility. 

[Amelia]

The list is very good. A little bit more detailed, but I find that it's a little bit more complex to navigate as well. 

[Frank]
Because there's so much on there. 

[Amelia]

Yeah.

[Frank]

Yeah, so... 

[Amelia]

A few options there. 

[Frank]

That's it.

[Amelia]

All right. Any take-homes? 

[Frank]

What do you reckon?

[Amelia]

Do your research. 

[Frank]

Talk to the experts. 

[Amelia]

Yeah, I agree. Talk to the experts. 

[Frank]

So they can guide you. 

[Amelia]

Yeah.

[Frank]

You just don't want to buy a piece of rubbish or something that's going to tick you off later on. Or it's going to cost you thousands, tens of thousands of dollars more than you expect. You know? Even to the point of finding covenants, you can't put a colorbond shed out the back. 

[Amelia]

Yeah, well, that's another good one. Yeah.

[Frank]

Yeah. Every man should have a shed. 

[Amelia]

Here we go.

[Frank]

What? You've got your horses. 

[Amelia]

Yeah, the she-shed.

[Frank]

Yeah, she-shed with the horses. 

[Amelia]

Yeah. Well, yeah, that's true. I think I need two. 

[Frank]

Sheds or horses?

[Amelia]

Both. All right.  We might wrap it up there, folks. Thanks for listening to the Building Design, Prime Time Podcast. 

[Frank]

Catch ya’s later.

[OUTRO] (18:21 - 18:25)

You're listening to the Building Design, Prime Time Podcast.