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> Property titles & zoning

There are 2 other factors that will affect your ability to get a mortgage – the
type of property title and the zoning of the land.
Residential Property Titles
For residential property there is a range of property titles but the most
common are torrens, strata, or company title. In summary:
- A torrens title generally applies when there is house and/or
land.
- A strata title will apply to units
- A company title is more rare and generally applies to units
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If you come across any other sort of title it is
extremely important that you consult your solicitor straight away
to make sure you are fully aware of the implications before entering
any binding legal agreement.
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There are generally no issues relating to title in obtaining finance for
either strata or torrens title properties. However company titles are far
more complex.
Company titles were used for a period of time as an easier and cheaper
method than strata title for completing a block of units. In this case the
units are held in a company structure and you own your ‘share’.
However other shareholders have rights in terms of what you can do with
your unit and potentially even your ability to sell. It is very important
to consult with your solicitor before purchasing a property with company
title. Due to these additional difficulties some institutions will not
lend on company title at all whilst others will on a more conservative basis
(generally 75% or less depending on the location).
Accordingly it is very important to check what sort of title any prospective
property is under.
Zoning
When you buy a property it is also important you are aware of its zoning.
Whether it is zoned residential, commercial, or industrial will determine
whether you need a residential, commercial, or industrial loan – which
may have very different interest rates.
Occasionally you will come across properties that are zoned ‘Mixed
use’. Generally these properties are a blend of commercial and residential
eg a shop with a residence upstairs. Residential loans require a property
to be only zoned residential. A property zoned mixed use will generally
require a commercial loan and will not be accepted as security for a residential
loan. It will be up to the discretion of each individual lender depending
on the particular characteristics of the property.
Within each zoning category there are also additional sub categories
that will determine what you can do with your property. For example whether
you can only build a free standing home or whether you can build units,
if you can build units whether there are any height restrictions. If you
are planning on making any alterations to a property always ensure you
check with the local council as planning restrictions may vary from one
council to the next.
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When it comes to issues of zoning it is best to consult
with your solicitor to ensure you understand what you are purchasing.
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