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Conveyancing
A house and land purchase is two contracts signed at the same time, a land settlement, and then a build that runs for months afterwards. There are more places for a week to disappear than in a normal purchase, and the cooling off periods are shorter than people expect.
Coordinated service
Who does what
Citadel Developments coordinates this part of your purchase. The legal work and any legal advice are carried out by a licensed conveyancer or a solicitor, not by us. We do not provide legal advice or act on your behalf in the transaction.
The conveyancing line, in order.
Both contracts reviewed before you sign
The land contract and the build contract are separate documents with different risks in them. Your conveyancer reads both. We make sure they get both at the same time, early, rather than one of them turning up the afternoon before a deadline.
Searches, title and the plan of subdivision
On new estates the land may not be titled yet, and registration timelines move. Your conveyancer checks the plan, the easements, any developer covenants and the sunset clause, which is the date the whole thing can be unwound if title has not issued.
Land settlement
The land settles first, usually within weeks of title issuing, and that is when duty is payable. This is the step that catches people who assumed everything happened at the end.
Through the build to handover
Progress payments, practical completion, the defect period and final handover each have paperwork attached. We keep your conveyancer and your broker aligned to the same build milestones so nothing is chased twice or missed once.
Three roles, kept separate.
- Citadel does
- Coordination and timingGets both contracts to your conveyancer early, tracks the deadlines, and keeps the finance and legal timelines pointed at the same dates.
- The licensed conveyancer does
- The legal workReviews the contracts, conducts searches, advises you on what is in them, and effects settlement.
- You do
- The decisionWith a plain explanation of each deadline and what happens if it is missed, ahead of the deadline rather than on it.
Conveyancing questions we get.
Why are there two contracts on a house and land package?
Because you are buying two different things from two different parties: the land from the developer or vendor, and the build from the builder. They are signed at the same time but they are separate agreements with separate conditions. It is also the structure that means duty is generally assessed on the land value rather than the combined price in most states.
What is a sunset clause and why does it matter?
A sunset clause sets a date by which title must issue on the land. If it has not by then, the contract can be brought to an end. On estates where registration is delayed this is the clause that decides what happens to your deposit and your position, so it is worth understanding before you sign rather than after.
When do I pay stamp duty?
Generally at land settlement, which happens well before the house is finished. In most states, where the land and the build are separate contracts, duty is calculated on the land value rather than the combined house and land price. Rules, thresholds and concessions differ by state and change from time to time, so confirm the current position for your state with your conveyancer.
Does Citadel Developments do the conveyancing?
No. We coordinate the timeline and keep everyone pointed at the same dates. The legal work is carried out by a licensed conveyancer or solicitor, and you can use your own.
What does a conveyancer actually do on a house and land purchase?
They review both contracts before you sign, run the searches on the land, handle the land settlement, and check that what is registered matches what you agreed to buy. On a house and land purchase they are also watching the gap between land settlement and handover, because that is where most of the surprises live.
How long does land settlement usually take?
On a registered lot, typically 30 to 60 days from signing, in line with a normal land purchase. On an unregistered lot it depends entirely on when the plan of subdivision registers, which can be months and occasionally longer. The contract should tell you which you are buying and what the sunset date is.
What is the difference between a registered and an unregistered lot?
A registered lot has its own title and can settle now. An unregistered lot does not yet legally exist as a separate parcel and cannot settle until the plan of subdivision is registered by the relevant state authority. Unregistered land is usually cheaper and is the reason sunset clauses exist.
What searches are done before land settlement?
Typically a title search, a plan of subdivision, council and water authority certificates, a land tax clearance and any owners corporation material where one applies. The point of them is to find easements, covenants, encumbrances and build restrictions before you are committed rather than after.
Can I use my own conveyancer or solicitor?
Yes, always. Citadel does not perform the legal work and does not require you to use any particular firm. We coordinate the timeline between the conveyancer, the broker and the builder so that nothing sits waiting on somebody else, and the legal work itself is done by whoever you appoint.
What happens between land settlement and handover?
You own the land and the build begins. Your construction loan starts drawing down in stages, each stage is invoiced by the builder and inspected before payment, and your repayments climb as more of the loan is drawn. At the end there is a defect inspection before you accept handover.
Start with the number, not the suburb.
A minute to find out where you stand, or call and we will do it on the phone.