There are several options when buying property. Each type of property suits different needs and budgets.

Established property

An established property is an existing home and may have already been lived in.

When buying an established property, you should consider:

• Repair and maintenance costs: A building inspection can help you avoid unexpected expenses.
• Renovations: If you’re planning to renovate or extend, you should ask an architect, draftsperson or builder if your ideas are realistic.
• Council approvals: If the property has work done within the past 10 years, check if it had council approval. You can ask the selling agent or contact the local council. It is always a good idea to get this in writing.

Vacant land

Sometimes buying vacant land is your best option. This means you can design and build a home according to your plans and needs. This often involves buying a plot in a newly developed housing estate or subdivision.

When purchasing vacant land, you should consider:

Site conditions

The conditions of your site can impact design of your home and the amount of preparation (or site works) required to lay its foundations. This may affect the cost of your build.

Some of these factors can be assessed before you build, for example:

• Soil type and distribution
• the height of the water table; and
• any trees or rock contained in the soil.

It is a good idea to hire an expert who can help you figure out if the block needs a lot of site works.

Local authority requirements

Talk to your local about any:

• special by-laws, policies or restrictions relating to the land
• previous recorded use of the land by industry
• restrictions on the title: there may be rules about wat you can build, such as the style of your house and/or the timeframe for building; or
• plans for the area which may affect your enjoyment of the property. For example, any commercial or industrial activity or road construction

See Buying Vacant Land for more guidance.

Flats, Units or Apartments

If you are planning to buy a flat, unit or apartment, you should consider:

• if you can hear people walking and talking in other apartments
• is there a parking space on the title? Does it match the plan of subdivision and contract of sale?
• does it have a strata title, common property and a strata company?

Property Titles

Property titles are managed by Landgate . They handle the registration of land ownership, transfers, and any changes to property titles. It is a good idea to check the title before buying a property.

Green title

Green title is the most common title in WA. It covers land that generally has no common areas (unless indicated on the certificate of title). It also covers any property on it, such as a freestanding home.

Green title properties may still have restrictions or instructions about how the land can be used. Restrictions are usually on the certificate of title.

Purple title

Purple title refers to ownership of an undivided share in a property. It is not a common form of ownership. It is in some retirement villages or multi storey units.

Strata title

Strata title is individual ownership of a unit or apartment within a multi-unit complex. Common property is jointly owned by unit owners. If you are buying an apartment off-the-plan you will receive a certificate of title for your apartment at settlement.

Before you buy a strata-titled property, the property seller must give you the following:

• Sale of Strata Titled Lot or Proposed Strata Titled Lot (Form 28). Form 28 sets out a list of all the information you should receive before buying a strata titled property. It also covers your rights if you do not receive the information.
• Buying and Selling a Strata Titled Lot (Form 29): Form 29 outlines your rights and obligations as an owner of a strata titled property.
• A copy of the strata plan showing the lot being sold and any information relating to the lot.
• A copy of the standard by-laws (and amendments) and any non-standard by-laws.

Strata companies

If you buy the property, you will become a member of the strata company (formerly ‘body corporate’). You will have the right to vote on decisions about the operation of the strata company. You will must also:

• pay annual strata company fees, levies and charges
• obey strata company rules.

If you own property in a large block, it may not be possible for all owners to take part in the day-to-day management of the building. The law recognises this, and allows owners to run the strata company through a small council. Larger strata schemes may also employ a strata manager to help to carry out their duties.

Management rules apply to strata companies, more information can be found in The Strata Titles Act. This Act is administered by Landgate and they have useful publications on Strata Title policies and procedures.

Dispute resolution 

The State Administrative Tribunal (SAT) has jurisdiction over strata title disputes between strata owners and strata companies. The SAT is able to make orders to settle disputes about the performance of (or failure to perform) a power, authority, duty or function under the Strata Titles Act (or the by-laws of a strata scheme).

The Strata Titles Act does not recognise the role of strata managers and so the SAT cannot hear applications about their conduct.

If the strata manager is a real estate agent, the strata can lodge a complaint with Consumer Protection. However, they should try to resolve the problem privately first.