When you’re diving into the complex world of real estate, especially in South Australia, having a qualified conveyancer by your side is like having a trusted advisor. Whether you’re buying, selling, building a house, a property conveyancer plays a vital role in safeguarding your interests and ensuring a hassle-free experience.

In this article, we delve into the significance of a conveyancer in Adelaide within the context of constructing a house, uncovering the intricacies of the process and highlighting the advantages of their participation.

Conveyancing for a New Build

Constructing your dream home is an exciting venture, but it presents a unique set of challenges compared to purchasing an existing property. With a pre-built home, what you see is what you get, allowing you to inspect and evaluate the property immediately. However, constructing a new house from scratch means you often base your decisions on plans and display homes, which only provide a glimpse of the future outcome.

When investing in a house-and-land package, you’re dealing with two separate contracts—one for the land purchase and another for the house construction. This dual-contract scenario adds complexity to your purchasing property transaction.

A qualified conveyancer will guide you through the contract for the purchase of the land. They will oversee the transfer of property title into your name, check the sales contract details, and ensure that your legal obligations are met. The vendor – the party selling the land – and the builder, who may be the same or a separate entity, each have distinct responsibilities outlined in these contracts.

Building a new home involves a myriad of additional legal and administrative steps. You must obtain the necessary permits, comply with local council regulations, and navigate property law intricacies. Each step requires careful attention to detail to ensure compliance and avoid costly errors.

Your conveyancer plays an indispensable role here, not only in handling the conveyancing transaction but also in offering professional advice on contract terms, special conditions, and potential legal pitfalls. They ensure that everything from the settlement process, including calculating conveyancing costs like stamp duty and land tax, to understanding any easements or special zoning laws, is handled proficiently.

The Conveyancing Process

The conveyancing process for building a house is a multi-faceted journey that encompasses various stages. From the pre-contractual phase to post-completion, each step is crucial to successfully transfer the ownership of the land and move to the next phase which is the construction of your dream home.

  • Pre-purchase Phase:
    • Title Search: Conducting a thorough check of the property’s title and to confirm ownership details and identify any encumbrances.
  • Land purchase Phase:
    • Review of Contracts and Form 1: Guiding you through any implications of the building process, including contractual obligations and potential liabilities.to ensure clarity, fairness, and alignment with your interests.
    • Verification of Identity: In South Australia, the Registrar-General is responsible for providing the framework for verification of identity. Whomever is verifying the identity must be satisfied that the documents provided for identification are current and authentic.
  • Settlement Phase:
    • Financial Facilitation: Liaising with your financial institutions and overseeing your transactions and disbursements required for the property transaction.
    • Documentation: Ensuring the proper filing and lodgement of legal documents using PEXA with relevant authorities like Revenue SA, Land Services SA, councils and your financial institution.

The final phase is the construction phase. Your conveyancer is not involved at this stage, and we recommend that you have your building contract reviewed by a qualified legal practitioner before signing a building contract.

When Do You Need a Home Conveyancer

It is never too early to engage a good conveyancer. We advise initiating this process as soon as you begin your search for a property or land that you intend to purchase or at least prior to making any offer on a property, land, or participating in an auction. Your conveyancer can review your land sale contract and Form 1 which will prevent you from any misunderstandings and disputes down the road. As we mentioned, you should consider engaging a review of your building contract by a qualified legal practitioner.

Embarking on the journey of building a house requires not only vision but also meticulous legal oversight.

Eckermann Conveyancers Adelaide has been dedicated to guiding clients through a diverse range of residential property transactions for over 45 years. With a seasoned team of property conveyancers and property lawyers within our sister companies Eckermann Lawyers, we can help ensure a seamless and sound process.

Contact us today on 8366 7900 to discover how we can help you turn your dream home into a concrete reality.