Are conveyancing searches necessary?

You have found a place you like. You have walked through a busy Saturday inspection, squeezed past other buyers, stared at the kitchen trying to picture your life there, and now you are talking contracts and settlement dates.

Somewhere in that flurry, someone mentions "searches" and a few hundred dollars in extra costs. It is very common for buyers to ask: are conveyancing searches actually necessary, or are they just a nice add on?

Short answer: In Victorian property deals, searches are not just a box ticking exercise. They are one of the main ways you find out whether the property matches what you think you are buying, and whether there are hidden problems or costs attached to it.

Let us break that down in plain language, with a Melbourne lens.

What Are Conveyancing Searches in Victoria?

When conveyancers talk about "searches", they usually mean a bundle of certificates and checks ordered from various authorities and databases. These documents confirm information about the property that should already appear in the vendor's section 32 statement and contract, and add more detail where needed.

Common Sources Include:

Land Use Victoria (title and plan)
Local council
Water authority
State Revenue Office
Owners corporation (if it is a unit or apartment)
Planning, flood and bushfire related authorities

Think of searches as double checking the story you have been given about the property. The contract and section 32 are the seller's version. Searches are your way of asking independent bodies, "Is that really correct?"

How Searches Fit with the Section 32 Statement

In Victoria, a seller must give you a section 32 statement before you sign the contract. This document must disclose things like title details, mortgages, covenants, easements, zoning, outgoings, and whether the property is in a bushfire prone area.

Most of that information comes from searches done on the seller's side. That is a good start, but there are a few catches:

Section 32 statements can be prepared months before a property hits the market. Some certificates may be out of date by the time you buy.

Not every issue must be disclosed. Some risks sit outside the section 32 requirements, so if you do not ask extra questions you can miss them.

Mistakes happen. Over the years we have seen missing easements, old mortgages still showing on title, and owners corporation issues that were not clear at first glance.

Your conveyancer's searches are about confirming that what you were told is still true at the time you are committing to buy, and uncovering anything the paperwork did not fully explain.

Core Searches Most Melbourne Buyers Rely On

Every property is different, but for a standard established house or unit, a typical Melbourne search pack will often include the following.

Title Search and Plan

A title search shows who legally owns the property, what type of ownership it is, and which mortgages, covenants or easements are registered against it. It is taken from the Victorian Register of land, the official record of ownership.

The related plan shows the lot boundaries, common property for units, and any carriageway or services easements. This matters when you are looking at a narrow driveway in Coburg and wondering whether your neighbour has formal rights to use it.

Council Land Information Certificate

This certificate confirms council rates, any arrears and whether there are charges or special levies on the property.

It is important for two reasons:

It lets your conveyancer calculate the adjustment of rates at settlement, so you only pay from the settlement date.
It helps to avoid inheriting old debts. If the seller has not paid rates, council can usually chase the property, not just the person.

Water Information Statement

The water authority statement shows water and sewerage charges, arrears and often information about where sewer and water infrastructure runs.

In parts of Melbourne, sewer easements run through back gardens. You might not notice them at an inspection, but they can limit where you put an extension or pool.

Land Tax Certificate

For investors and some higher value homes, a land tax certificate shows whether there is any outstanding land tax on the property.

You do not want to be surprised by a land tax bill that should have been paid by the seller. The certificate lets that be adjusted at settlement.

Owners Corporation Certificate

For apartments and townhouses with shared property, the owners corporation certificate shows current fees, insurance, maintenance history, upcoming works and any current or proposed legal disputes.

This is where you find out whether that Southbank apartment you love is about to be hit with a big levy for facade works, or if there are simmering disputes that might make life difficult.

Extra Due Diligence for Higher Risk Properties

Beyond the core certificates, your conveyancer may suggest extra searches based on the property and its location.

Examples Include:

Planning and zoning checks: Looking at local planning schemes and overlays to see how you can use or develop the property, including heritage, flooding and bushfire overlays.

Flood and drainage information: Floodplain guidelines and local flood maps can show whether your new home in a creek side suburb is exposed to higher flood risk, which also affects insurance.

Bushfire risk: The Bushfire Management Overlay applies to land that may be at risk of bushfire and can trigger extra building and planning requirements.

Environmental and contamination checks: In some industrial or former industrial pockets, it can be wise to look at environmental registers to see if the site or nearby land has contamination concerns.

For a Carlton terrace on a quiet residential street, you might not need the same level of investigation as for a former warehouse conversion or a new house out near the urban edge, but it still pays to ask the question.

Are Conveyancing Searches Legally Required?

This is where the confusion often starts.

From a strict legal point of view:

The vendor must provide a compliant section 32 statement.
Your lender will insist on certain checks before advancing funds, often including a current title search and valuation.
You, as the buyer, are expected to do reasonable due diligence before signing. Consumer Affairs Victoria makes it clear that buyers should investigate things like planning controls, services, flood or bushfire risk and owners corporation issues.

There is no one section of legislation that says "a buyer must order searches A, B and C", but if you skip them and a problem pops up later, you may have very limited options.

Professional risk guides for conveyancing lawyers show that many claims arise where key searches were missed or misread.

The law expects a certain level of care. In practice, that means searches are treated as essential, not optional extras.

What Happens If You Skip Searches?

Scenario 1: The Preston Unit

Imagine you are buying a unit in Preston. The section 32 includes an owners corporation certificate from nine months ago. You decide not to order an updated one to save money.

After settlement, you learn that the owners corporation decided to replace all balconies because of defects discovered six months ago. The cost is spread across owners and your share is several thousand dollars. The earlier certificate did not mention it, because the problem had not surfaced yet.

Scenario 2: The Outer West Estate

Or picture a young family buying in a new estate in Melbourne's outer west. They love the park and the wide streets. No one mentions that the block is affected by a planning overlay that limits how they can extend the house in future. A bit of extra planning investigation would have revealed that risk.

Searches are about closing those gaps. They cannot guarantee perfection, but they massively reduce the chance of nasty surprises.

How Much Do Searches Cost Compared to the Risk?

Clients often ask whether the cost is justified. For a standard Victorian purchase, a sensible bundle of searches usually sits somewhere between about $200 and $500, depending on the property type and which extras are ordered.

If specific issues are identified, such as potential contamination or complex planning overlays, extra targeted searches can add to that figure.

Set against:

The price of the property, often well into the hundreds of thousands or more in Melbourne.
The cost of even a single unexpected levy, flood repair bill or planning problem.
The stress of disputes with neighbours or an owners corporation.

When you look at it that way, search costs are more like an insurance premium on the decision you are about to make.

Are There Any Situations Where You Might Trim Searches?

There are times when buyers and their conveyancers will have a sensible conversation about the level of searches, for example:

A straightforward suburban house on a long established street with no apparent overlays, where some extra checks may add little.
A cash buyer who understands the risk they are carrying and decides to focus on core searches rather than the full suite.
Off the plan purchases, where some information simply is not available yet, and you lean more heavily on planning scheme checks and builder due diligence.

Even then, completely skipping core rate and title related searches is rare. You still need to adjust rates properly at settlement and confirm who owns what.

The key is not a one size fits all list, but a clear, documented decision about which searches make sense for your property, your budget and your risk comfort level.

What About Sellers, Are Searches Necessary for Them?

If you are selling in Melbourne, your conveyancer will also order searches to prepare your section 32 statement. Consumer Affairs Victoria expects sellers to include accurate, up to date information about title, outgoings, planning and any owners corporation.

If your statement is missing key material, buyers may be able to pull out or claim compensation. So, for sellers, searches are really about:

Protecting the validity of the sale.
Reducing the chance of nasty surprises late in the process.
Showing prospective buyers that you are transparent and organised.

Many sellers also use that information to tidy up issues before listing, such as discharging an old mortgage that still appears on title or resolving a minor planning matter.

A Quick Melbourne Snapshot: Three Common Scenarios

To give this some colour, here are three situations we see quite often.

The First Home Buyer in the Inner North

A couple is buying a small weatherboard in Thornbury. The section 32 looks fine. Their conveyancer's searches confirm:

No arrears on council or water rates.
A small drainage easement at the rear that explains why the neighbour's yard slopes in a particular way.
No flood or bushfire overlay, and standard zoning.

Reassuring, and fairly straightforward, but still worth confirming before they commit.

The Investor Buying an Apartment in the CBD

An investor is purchasing a one bedroom apartment near Southern Cross Station. The owners corporation certificate, searches and follow up enquiries reveal:

Balcony waterproofing works planned in the next 18 months, with a likely special levy.
A moderate land tax bill, which is adjusted at settlement so the seller pays their share.

That information feeds directly into the investor's cash flow modelling and negotiation strategy.

The Tree Change Buyer Near a Bushfire Area

A family buys a home on the fringe of a bushfire management overlay. Extra planning and bushfire checks show they may need a planning permit for future extensions and that they will face higher building standards.

Knowing this up front helps them plan and budget, instead of discovering it years later when they go to renovate.

How a Local Conveyancer Can Help You Decide What Is Necessary

An experienced Melbourne conveyancer will not just press a "standard search pack" button. They will look at:

The suburb and street.
The type of property and its age.
Whether you are an owner occupier or investor.
Your plans for the property in the short and medium term.

From there, they can explain which searches they treat as non negotiable and which are more property specific, along with likely timing and cost.

That conversation should feel collaborative, not like you are being upsold. You are paying not just for certificates, but for someone to read them carefully and talk through what they mean in real life terms.

Practical Next Steps If You Are Weighing Up Searches

If you are currently looking at a property or you have just signed a contract, you can:

Ask your conveyancer for a clear list of the searches they recommend and why.
Check whether any certificates in the section 32 are older than a few months and whether updated versions are needed.
Talk honestly about your budget; if you are looking to trim extras, ask which ones carry the most risk if skipped.
Think about your longer term plans, such as extensions or subdivision, so planning related searches match your ambitions.
Keep a folder (digital or paper) of all search results; they are handy later when you refinance or sell.

You do not need to become a planning or rates expert overnight. You just need to make conscious decisions, with the right information in front of you.

Need Help Deciding Which Searches You Really Need?

If you are still unsure whether conveyancing searches are necessary for your particular purchase or sale, that is completely normal. Every week we speak to Melbourne buyers and sellers who feel overwhelmed by contracts, certificates and acronyms.

The team at Pearson Chambers Conveyancing works with clients across the inner suburbs, growth corridors and regional fringes of Victoria. We are happy to:

Review your contract and section 32.
Explain, in plain English, which searches we recommend and why.
Tailor a search plan that balances risk, budget and your goals for the property.

If you would like guidance and a complimentary Section 32 contract review, you can reach Pearson Chambers.

Email contact@pearsonchambers.com.au

You do not have to guess which searches are necessary. With the right support, you can make clear, confident decisions about your next Melbourne property move.