How to Read a Status of Land Letter Before Buying Land
Read a Status of Land letter in three parts: the use allowed by planning policy, whether the parcel is recognised as a planning unit, and the planning decisions associated with it. Then compare those findings with the actual land and the seller’s documents.
Read the complete land conversion guideFirst, make sure the letter covers the land being offered
Compare the lot number, location, area and plan references with the deed and survey. Where a seller is offering part of a larger holding, establish whether the letter concerns the parent parcel or the individual lot. Do not assume that a letter for an entire estate answers the position of every proposed subdivision lot.
Send discrepancies to the seller, your attorney and the surveyor as appropriate. Ask TCPD for clarification using the correspondence reference and copies of the relevant documents. Resolving identification comes before interpreting whether the result is suitable for your purchase.
Read the policy statement separately from development approval
A statement about permitted use describes the planning policy applying to the site. A reference to residential use does not identify the design, location, size or conditions of an approved house. Ask for the approval documents for the specific proposal.
If the letter reports agricultural use, do not assume that applying for another status letter changes it to residential. A proposed material change of use requires the appropriate planning application. Where the land is leased, the lease terms and any required landlord approval must also be considered.
What does bona fide mean in this context?
TCPD uses this term for the parcel’s recognised planning status, referring to a parcel created by an approved subdivision or one existing before the relevant planning legislation. It is a question about the parcel as a planning unit.
This does not replace an attorney’s examination of ownership, restrictions, mortgages or access rights. A deed, a survey plan and a favourable planning statement perform different jobs in the purchase file.
Follow every relevant approval reference
Obtain the actual planning decision and stamped plan for any approval relied on by the seller. Check the applicant, land covered, proposal and conditions. Establish whether the document is outline permission, final planning permission, a subdivision decision or some other correspondence.
Ask the design professional and attorney which outstanding requirements affect your intended use. A reference to an approval is not enough to establish that all conditions have been discharged or that local building and servicing requirements are complete.
What to do with an unclear or unfavourable result
For an apparent factual error, identify the exact disputed statement and provide the relevant title, survey or approval reference to TCPD. For a proposed use that the letter does not support, ask about the planning route for that proposal. These are different requests.
Give the complete letter to the lender and attorney before relying on it for a purchase. Ask whether recent correspondence or further approvals are required. Agree contractual protections with the attorney before paying a deposit based on an assumed approval.
Discuss your land project
Tell us the location, the documents you hold and the development you have in mind.
Contact DSDillonThis guide provides general information. Obtain advice on the title, lease, site and approvals for your particular proposal.
