A member asked about 9 years ago

Zoning mistake in sale of land

When I bought my land in Victoria and vendor didn't disclose that the zoning was such that you couldn't live there. Now I realise I cant live there. What can I do? It was sold as a residential property. Was the vendor obliged to disclose this?

Laura Vickers
Principal at Nest Legal

The vendor's statement must disclose the name of the planning scheme, the zoning of the land and the name of any planning overlay affecting the land. It is then the purchaser's responsibility to find out what this is permitted under this zoning.

That said, you may have an action against the real estate agent or vendor under consumer law if there was an express representation in the marketing material that the land could be used as a dwelling. You may also be able to make a complaint against the lawyer/conveyancer who failed to advise you of the consequences of the property's zoning. The availability of both these remedies will turn on your specific circumstances.

You should also confirm with the Council that no existing use rights exist over the property. In some instances, existing uses of land can continue, despite their prohibition in the planning scheme.

Answered almost 9 years ago   Legal disclaimer


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