Urban Development Institute of Australia
Western Australia Division Incorporated
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Legal Issues

Houses
We have put together some general advice to help you wade through some of the complexities of a contract of sale. Please contact a professional for more details on these items.

PRE SELLING
Purchasing land before a certificate of title is available is commonly known as ‘pre selling’. Our brochure provides advice on what you should look for in a pre sale contract. 

RESTRICTIVE COVENANTS
Sometimes as part of the contract of sale you will have to sign a document agreeing to abide by the ‘restrictive covenants’ that form part of the new development.  Restrictive covenants are used to achieve a range of outcomes and assist in achieving an overall ‘vision’ for an estate.  They may include rules about what type of building products you are allowed to use, fencing requirements, the type of plants in your garden, placement of solar panels or a range of other items.

For example if you are moving into an estate with a waterwise theme, you may be asked to sign a contract that includes the mandated use of waterwise plants.   Or an estate may have a certain colour theme that your new house must adhere to in order to provide an overall ‘look’ to an estate.

Restrictive Covenants are legally binding when included in a contract of sale and are rightly enforceable by the developer.  Many restrictive covenants do have sunset clauses.