2010 State Budget offers incentives for NSW home builders
The NSW property market has been given a boost in the 2010 State Budget with incentives for those building their own home.
Date: Jul 02, 2010
Amendments to the Home Building Act 1989 receives Royal Assent
The Home Building Amendment Bill 2008 ("the Bill") received Royal Assent on the 28th November, 2008. The Bill has amended the Home Building Act 1989 ("the Act") to make further provision for the suspension of building licenses, the taking of disciplinary action and the requirements for home warranty insurance.
Date: Jan 03, 2009
Bonus boost for first home buyers
The NSW government has increased the first home owners grant for those buying new dwellings by $3,000, in the mini-budget released on 11 November 2008, in a surprise move aimed at stimulating the ailing housing market. The economic sweetener takes the grant to $24,000, including recent increases from the federal government.
Date: Dec 03, 2008
Can a Squatter Claim Title to a Property in Australia?
It doesn’t take a degree in economics to realise that housing prices in Australia is rather expensive. How about that for a classic bit of understatement! As the dream of home ownership becomes ever more distant for an increasing number of Australians, maybe there’s another alternative available? Has anyone out there heard of the term ‘adverse possession’? No? Curious as to what it is? Well, you should be, because adverse possession is actually a very interesting law.
Date: Jan 03, 2012
Change of government in NSW sees Repeal of The Torrens Assurance Levy
An Act to amend the Real Property Act 1900 and the Real Property Regulation 2008 in order to abolish the Torrens Assurance Levy ad valorem tax was introduced into the NSW parliament on 9 May, 2011. It was assented to on 24 May 2011.
Date: Jun 06, 2011
Changes to law surrounding retirement villages
The Retirement Villages Amendment Bill 2008 passed through Parliament on the 10th December, 2008 and will amend the existing Retirement Villages Act 1999 which regulates the retirement village industry in New South Wales.
Date: Feb 02, 2009
Compulsory Land Acquisition
This article considers the process of compulsory land acquisition. In some other jurisdictions (eg the United States) this is known as the concept of "eminent domain". Essentially, compulsory acquisition is the process by which a government body acquires land for the benefit of the public. This acquisition may be by voluntary agreement with the owner or through a compulsory acquisition.
Date: Aug 03, 2010
Erosion Management on the NSW Coast
Under the NSW Coastal Protection Act, which makes provisions for the use and occupation of the coastal region, the NSW government provides for the protection, preservation and sustainable use of coastal regions. On 21st October 2010, an Amendment Act was passed through parliament, amending several pieces of legislation pertaining to the coastal environment. This amendment affects the Coastal Protection Act, the Local Government Act 1993, and the Environmental Planning and Assessment Act 1979. The primary intent of the amendment is to improve arrangements for dealing with coastal erosion. Recent weather events, escalating storm activity and flooding, and rising and changing sea levels have made it essential that the effects of erosion on the coastal strip and associated regions be addressed. This framework legislation does not outline specific solutions for individual areas, but rather provides a structure for management of a range of issues.
Date: Aug 02, 2011
Fraud and Indefeasibility of title under the Torrens Title System
The recent New South Wales Court of Appeal decision in Sabah Yazgi v Permanent Custodians Limited [2007] NSWCA 240 considered what was secured by a mortgage when the signature of one of the parties was forged.
Date: May 01, 2008
Getting it straight with strata
The rules governing home units are becoming increasingly more complex.
Date: Mar 02, 2011
I don't want to get gazumped
It is unfortunately not uncommon for people to find the home they want, have an offer accepted, and then before contracts are actually exchanged, another buyer sneaks in ahead of them.
Date: Oct 07, 2010
Insurance is so confusing
Any home-owner is going to find themselves dealing with numbers of different types of insurance policies, and for many this is a jungle. Let us have a look at the different types of insurances which may be important to home owners.
Date: Apr 03, 2010
Just what is strata title?
Strata title is a New South Wales invention, which was instigated by major property developers in 1960. The building of unit blocks was becoming popular, but there was then no means of giving buyers a Torrens title deed as they would have received if they had bought a free-standing home.
Date: Aug 03, 2009
Landlords and the Law: Top 5 Tips for Landlords
Date: May 02, 2010
Leasing a Commercial Property
In recent newsletters we have had a look at leasing or renting residences and retail premises. The other type of properties often leased are commercial or industrial premises, and typical of these will be office premises, industrial units and workshops of various kinds.
Date: Nov 01, 2009
Leasing a Shop
The vast majority of shops, whether they be in a large suburban shopping centre or in a suburb, are owned by the operator, and in many cases the premises are leased from the land-owner. The Retail Tenancies Act provides a code dealing with leases of retail premises, and is primarily designed to protect tenants.
Date: Oct 03, 2009
Let the lender beware
With a population which is aging, but is also mobile, more and more of us are giving Powers of Attorney, usually to partners or family. The usual Power of Attorney gives the attorney the power "to do on my behalf anything I may lawfully authorize an attorney to do". It also says, "This power of attorney is subject to the following conditions and limitations", and commonly the word "nil" appears there.
Date: May 02, 2009
Mortgage mayhem: An update on housing affordability
On March 13 2008 JP Morgan and Fujitsu Consulting released a new report entitled “The JP Morgan/Fujitsu Australian Mortgage Industry Report for March”. The report is based on the results of telephone interviews with 26,000 Australian households, and follows decisions by the major banks to increase their standard variable home loan rates by more than the 25 basis point increase of the Reserve Bank on March 4.
Date: Apr 04, 2008
Mortgage Stress
One of the sad signs of the effect the Global Financial Crisis is having on Australia is the increasing number of people suffering "mortgage stress", and of mortgage foreclosures. In this Newsletter we shall have a look at mortgages, how they work and what you can do if you are facing difficulties.
Date: Apr 02, 2009
New policy to scrap concurrences and referrals
The Department of Planning has released an exposure draft of the Concurrences and Referrals State Environmental Planning Policy (SEPP), which will further streamline the processing of development applications and give councils given greater decision-making autonomy.
Date: Aug 04, 2008
NSW Homebuyers Face Tighter Stamp Duty Concessions
First time home buyers in NSW will soon feel the pinch of tighter stamp duty concessions, with the introduction of new measures by the State Treasury in the 2011-2012 Budget.
Date: Oct 05, 2011
NSW leads way on occupational licensing
Federal Small Business Minister, Craig Emerson, says a review by the NSW Government that could result in the removal of unnecessary occupational licences would make the State more attractive to qualified people from interstate.
Date: Nov 02, 2008
NSW planning laws under scrutiny – LGSA calls for inquiry
The state's recent planning laws have come under scrutiny, sparking calls by the Local Government and Shires Associations of NSW (LGSA) for an Upper House Inquiry.
Date: Jul 02, 2008
Ongoing Refinement of LEP instruments
The importance of Local Environmental Plans (LEPs) has become evident over the last decade, with increased development, population shifts, changing weather patterns and extreme weather events. LEPs provide shape and guidance for overseeing the way land is used in the State and for determining decisions made with regard to the estimated $20b worth of local development in the State’s annual budget. LEPs set down zoning and development controls and afford communities a way to look at and discuss future planning and environmental directions.
Date: Sep 05, 2011
Planning and Development Activities in NSW: How to Change the Use of a Property
In New South Wales, planning and development activities are carried out under the Environmental Planning and Assessment Act 1979 (NSW). The legislation creates a complex system of state, regional and local planning.
Date: Jun 04, 2010
Property law: Caveats and competing priorities
One of the enduring dreams for Australians is property ownership, and therefore, it is of little surprise that property interests in land are so fiercely guarded. The array of proprietary interests can be mindboggling, and can include tenancy, sub-tenancy, mortgages or fee simple, just to name a few of the different proprietary interests that exist. Due to the myriad property interests in land which are available – and coupled with how jealously people guard their interests – it is perhaps of little surprise that disputes in relation to competing interests in land will arise. It is not uncommon for numerous valid interests in land to be held simultaneously by different parties, therefore, how are disputes resolved in such circumstances? If there are a number of valid interests in land: Who would the law consider as having the better interest?
Date: Nov 02, 2011
Property Lines, Fences & Trees
In Australia, most of the laws that govern property boundaries are determined by state legislation and vary from state to state. Fencing regulations often vary between local, shire and regional councils. Housing estates or residential communities may also have specific regulations about fencing. For up-to-date information, it is advisable to contact your local council or a solicitor in the state where the property is located.
Date: Jan 02, 2010
Property Ownership and Registration in Australia
Australia has a robust and comprehensive system of property registration. This system also dictates that extent of property ownership, such that a person obtains their title to land (meaning that they own it) through registration, rather than having to register their ownership as an extra step (much like you can own an unregistered car). This article will focus on the Torrens title system, although aspects of this discussion apply equally to strata title in large developed communities. In addition, the position of land not under the Torrens title system is considered.
Date: Feb 03, 2012
Renting a home
In New South Wales there are three main types of leases:- residential leases, retail leases and commercial leases. In this newsletter we shall look at residential leases, which are governed by the Residential Tenancies Act.
Date: Sep 02, 2009
Rights and responsibilities of a tenant and landlord within a leasing agreement
Many Australian visitors will probably be all too aware that property prices in the country are rather expensive, and the dreams of home ownership may be out of reach for some. As a consequence, renting has become a viable alternative for those who are unable to afford buying property, and furthermore, it’s conceivable that some landlords and tenants may not have a complete awareness of their rights and obligations.
Date: Dec 01, 2011
Sartor introduces raft of planning reforms
NSW Planning Minister Frank Sartor has announced three bills were tabled in the State Parliament on 15 May, as part of reforms to create an efficient and streamlined planning system.
Date: Jun 01, 2008
Securing Progress Payments in the Building & Construction Industry
An Act to amend the Building and Construction Security of Payment Act 1999 was assented to in November 2010. It fine tunes the way in which the problem of progress payments with regard to construction work under contract was addressed, and takes a further step towards ensuring that progress payments will be held by the principal contractor.
Date: Feb 03, 2011
Senior Citizens and Stamp Duty Exemptions
If you are a Senior who owns property in New South Wales or is thinking of purchasing a property in New South Wales you need to be aware of the new legislation passed through Parliament exempting you from the payment of stamp duty in certain circumstances.
Date: Jul 05, 2011
Tenants Rights and Eviction Notices
When you are renting a residential premise, it is important that you are aware of the legal requirements for evicting a tenant under the Residential Tenancies Act 1987 and Residential Tenancies Regulation 2006 ("the Act").
Date: Sep 02, 2010
The New South Wales Housing Code to commence on 27th February 2009
Development applications in New South Wales are set to be overhauled with the introduction of the New South Wales Housing Code commencing on the 27th February, 2009 ("the Housing Code"). The Housing Code has been introduced within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 ("the SEPP") and provides for new detached houses and additions to be approved within ten days.
Date: Mar 02, 2009
The rise in illegal rent auctions
On 21 August 2008 the Housing Industry Association (HIA), Australia’s largest building industry association, released the most comprehensive report card available on the NSW residential sector. The report predicts a shortage of 18,000 dwellings across NSW in 2008-2009 alone, and also that fewer than 30,000 homes will be built in NSW for the third year in a row. A spokesman for the HIA said that the housing sector has become so undersupplied that illegal rent auctions were likely to escalate.
Date: Sep 01, 2008
Trees (Disputes Between Neighbours) Amendment Act 2010 (NSW)
Disputes between neighbours concerning trees causing damage or blocking ocean views are all too common. But now neighbours have something else to fight about: hedges!
Date: Apr 01, 2011
Under the microscope - the retail tenancy market in Australia
The Productivity Commission has just released its report, “The Market for Retail Tenancy Leases in Australia”. The Commission’s inquiry stemmed from issues arising from the growing concerns of small businesses that elements of the market for retail leases were being distorted, resulting in the exploitation of tenants.
Date: Oct 02, 2008
What do I need to know about Dealing with Asbestos
If your home was built or renovated before the mid-1980s, the most likely scenario is that you are dealing with some asbestos in the building material. Asbestos was commonly used in cement sheeting (fibro), drainage and flue pipes, roofing, guttering and flexible building boards, and in brakes, clutches and gaskets.
Date: Nov 02, 2010
What Exactly is Conveyancing?
Conveyancing is a legal term for legal transactions involving real estate. It can involve buying and selling, financing, leasing and other areas such as subdividing and the creation of easements and covenants. Australia has one of the highest percentages of home ownership in the world, so many of us will be involved in a conveyance during our lives.
Date: Jul 02, 2009
What is a mortgage?
In days of the GFC, we hear a lot about interest rates, mortgagee sales and the like, so what exactly is a mortgage? A mortgage is a document which secures a loan against property and is usually registered with the Land Titles Office.
Date: Dec 02, 2009
What is property?
When we talk about property we usually use the word in a general sense - meaning anything someone owns. Often we use the word when talking about real estate - "We have a property in Queensland", or referring to a rural farm.
Date: Feb 02, 2010
What on earth is an easement
Our own Australian Torrens land title system is remarkably straight forward. You can look at your title deed, known as a Certificate of Title, and see who the owner is. Also listed on the deed are "Notifications" matters which affect the title, and the most common of these are mortgages, leases, easements and covenants.
Date: Jun 02, 2009
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