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ARTICLE · 30 OCTOBER 2015

Purchasing land for development: some useful special conditions

Clayton Utz
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Special conditions can ensure all necessary consents and approvals for future development have been, or can be, obtained.

AustraliaReal Estate and Construction
Nicole Besgrove
Nicole Besgrove
Will Webster (Formerly With Clayton Utz)
Will Webster (Formerly With Clayton Utz)
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Key Points:

Special conditions in a contract of sale for land can ensure all necessary consents and approvals for future development have been, or can be, obtained.

So you have found the perfect parcel of land for development. You are keen to snap up the property but don't want to go unconditional until you are confident that all necessary consents and approvals have been or will be obtained.

You may want the ability to secure your own development approval before the contract settles. This could include taking over a development application that has been commenced by the vendor, in which case you will need to ensure that you get the full benefit of any preliminary work that has been undertaken.

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