Before buying rural land, you should fully assess the suitability of the land for its intended purpose. This includes assessing potential issues such as chemical contamination or disease risks that the vendor is not legally obliged to disclose and which routine conveyance enquiries may not uncover.
It is up to you, as the buyer, and your solicitor or conveyancer to:
- inspect the property
- examine the contract
- ask questions about issues that could affect the use of rural land
- check any legal obligations required of the new owner.
The intended use of the land should additionally be set out in the contract to purchase along with provisions to allow the contract to be terminated if enquiries or tests reveal unacceptable problems with the land.
Property history
When assessing a rural property, investigate its history thoroughly.
- Request a property information enquiry from Local Land Services to check for outstanding rates, levies or restrictions related to chemical residues, plant or animal diseases.
- Inquire about the previous owner's livestock, pasture management and fertiliser use.
- Identify any contaminated sites like cattle dips or rubbish dumps requiring remediation.
- Obtain a sheep and/or cattle health declaration from the vendor to assess livestock diseases that may impact land use.
- Check for derelict mine shafts on the property and ensure they're fenced for safety. Explore current and former mining operations on the property at Geological Survey of NSW MinView
- Confirm if there are any significant Aboriginal sites or objects present on the property through the Aboriginal Heritage Information Management System (AHIMS).
Assessment of property and surroundings
- Assess the condition of structures on the property.
- Identify any pest animals present like rabbits or foxes.
- Check for quarantine pest control zones at DPIRD NSW movement zones.
- Assess the condition of fences for stock confinement.
- Identify any nearby threatened species of flora and fauna.
- Ensure essential services are available (phone, gas, water, sewer, internet, electricity) or can be economically provided.
- Consider adjacent land uses for potential impacts (agriculture, quarries, mines, or forestry activities generating dust, odours, or noise).
- Check for bush fire prone land.
- Verify NBN connectivity.
Local council considerations
Your local council can help you find a range of information about the property before you commit to buy.
- Check flood-prone areas, weed notices, and Section 10.7 Certificates.
- Current development applications in the nearby area.
- Restrictions on your property for obtaining approval for building houses or other structures, or for specific land uses.
- Approved developments in the area that haven't commenced or were built without approval.
- Potential constraints on your property from the local council.
- Flood or bushfire risks, and necessary management activities to minimise impacts.
- Rights-of-carriageway or easements on your property that allow others access.
- Covenants, management plans, or agreements protecting certain areas on your property.
- Outstanding weeds notices affecting your property.
Land zoning and regulations
- Determine the 'land category' of the property using the draft native vegetation regulatory map. This will help you understand who the responsible agency is for native vegetation management. Local Land Services can help you with this.
- Determine the land's zoning using the NSW Planning Portal.
- Check if the zoning matches your proposed use, or if you need to apply for a change of land use or other permits.
- Confirm if the land has a dwelling entitlement if you plan to build on it.
- Be aware of special conditions that apply to the land.
Your plans for the property
- Determine if you're purchasing for lifestyle or income generation purposes, considering the regulations and responsibilities that apply.
- Assess the viability of improving the property for income generation through activities like livestock farming, including completing a cost-benefit analysis and factoring in the natural capital value.
- Ensure your planned activities align with the landscape and capability of the land and will avoid potential clashes with neighbours.
- Familiarise yourself with regulations and approvals required for building dams and sinking bores and obtaining permits for activities near watercourses.
- Evaluate the availability and quality of water for sustaining your planned activities.
- Assess soil fertility, pH levels, salinity, erosion issues, and suitability for growing crops or pasture.
- Investigate existing conservation agreements, covenants, vegetation management plans, and regulations regarding removal of native vegetation.
- Consider the presence of weeds, their impact, and the time and cost required for control.
- Ensure adequate shade and water availability for livestock.
- Plan for living on the property or determine how frequently you'll be present and your ability to attend to any arising situations promptly.
- Understand the General Biosecurity Duty and its implications.
- Identify priority weeds and assess the potential time and cost required for weed, erosion, and pest animal control.
- Evaluate whether the property will provide the rural lifestyle you seek after considering all these factors.
Where to find more information
- Find your nearest Local Land Services office for local advice.
- Fair Trading NSW offers tips on property buying and agricultural tenancies.
Contact Local Land Services NSW
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