House and Land Package Conveyancing for First Home Buyers

Dual contract review and settlement coordination. Fixed fee $1,320 plus disbursements.

Why House and Land Packages Need Careful Legal Review

House and land package conveyancing involves two separate contracts: one for the land and one for the building. This dual contract structure creates opportunities and risks that standard property purchases don't have. First home buyers can save thousands in stamp duty by paying only on the land value, but the timing and structure must be correct.

Most house and land contracts in Australia run between 19 and 24 months from signing to completion. During this time, your finance pre-approval may expire, builder circumstances can change, and land registration delays can push out your timeline. We review both contracts before you sign, identify problem clauses, and coordinate with your lender throughout the build process.

Our property conveyancing service covers the entire journey from contract review through to final settlement and title registration. We handle the complexity so you can focus on planning your new home.

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How House and Land Package Conveyancing Works

Three critical stages that protect your purchase

Surveyor peg marking a plot of untitled land

Land Contract Review and Title Searches

Many house and land packages involve untitled land. This means the land hasn't been registered yet and can face delays of 12 to 18 months. We check the land contract for sunset clauses that could let the developer walk away, verify the expected registration timeline, and conduct searches on the parent title. We also confirm your First Home Owner Grant eligibility won't be affected by delays.

House frame construction stage

Building Contract Analysis and Progress Payments

Your building contract will require progress payments at each construction stage: deposit, slab, frame, lock-up, fixing, and practical completion. These typically range from 5% to 35% of the build cost per stage. We review the payment schedule, check for unfair variations clauses, and verify builder insurance and warranty coverage. With builder insolvency rates rising in 2024-2025, this review protects your deposit.

Solicitor coordinating settlement dates

Settlement Coordination Across Both Contracts

House and land settlements happen in stages. The land settles first, then construction begins, then the final building settlement occurs. We coordinate with your lender for both settlements, manage the PEXA electronic settlement process, and ensure your finance remains valid throughout. If your pre-approval expires during the build, we liaise with your bank on timing.

What First Home Buyers Need to Know About Dual Contracts

The Stamp Duty Advantage

Split-contract structures allow you to pay stamp duty only on the land value, not the total package price. For a $600,000 house and land package with $250,000 land value, this can save $10,000 to $30,000 depending on your state. However, the building contract must be signed before construction begins for this concession to apply. We check your contract timing and advise on stamp duty concession eligibility.

Understanding Progress Payments

Unlike buying an existing home with a single settlement, house and land purchases require you to pay the builder in stages. The standard structure involves six payments:

  • Deposit: 5% when you sign
  • Base or Slab: 10-15% when foundations are complete
  • Frame: 15-20% when the frame goes up
  • Lock-up: 20-35% when external walls, roof, and windows are in
  • Fixing: 20-25% for internal fit-out
  • Practical Completion: 10% at handover

Your lender releases funds at each stage after their valuer inspects the work. We coordinate this process and flag any payment disputes before they escalate.

Protecting Your Deposit

House and land deposits can total $10,000 to $30,000 or more. If the builder becomes insolvent or the land developer fails to register the title, recovering this money becomes difficult. We review the deposit holding arrangements, check builder insurance certificates, and identify sunset clause risks that could leave you exposed.

Untitled Land Risks

When land hasn't been registered yet, you're buying based on a plan, not a certificate of title. Registration delays are common, particularly in new estates where infrastructure works run behind schedule. These delays affect your finance pre-approval validity and can push your settlement past First Home Owner Grant deadlines. We track registration progress and keep your lender informed of timing changes.

Special Conditions That Matter

House and land contracts contain special conditions that don't appear in standard property contracts. These include landscaping allowances, driveway specifications, fencing obligations, and developer covenants about what you can and cannot build. Some developers include clauses allowing them to substitute materials or change floor plans. We flag these conditions and explain their practical impact before you sign.

Our Fixed Fee Approach

House and land package conveyancing involves more work than a standard purchase due to the dual contract structure and extended timeline. Despite this, we charge the same fixed fee of $1,320 plus disbursements. You know your costs upfront, with no hidden charges when complexity increases.

Don't Sign Until We've Checked Your Contracts

House and land contract review within 24 hours. Fixed fee, no surprises.

Why Choose Us for House and Land Conveyancing

Qualified solicitors handling your dual contract purchase

Dual Contract Review

We analyse both your land and building contracts, checking for sunset clauses, unfair variations, and deposit protection issues.

Fixed Fee Pricing

$1,320 plus disbursements covers the entire process. No extra charges for the additional complexity of dual contracts.

24-Hour Turnaround

Contract reviews completed within one business day. You won't miss out because you're waiting on legal advice.

Direct Solicitor Contact

Speak directly with the solicitor handling your matter. No call centres, no chasing for updates.

Grant and Concession Advice

We confirm your First Home Owner Grant eligibility and ensure your contract structure qualifies for stamp duty savings.

Settlement Coordination

We manage both land and building settlements, coordinating with your lender throughout the 19 to 24 month process.

House and Land Package Questions Answered

A house and land package involves two separate contracts: one to purchase the land and one to build the house. You settle on the land first, then pay the builder in stages during construction, then complete a final settlement when the build finishes. An existing home involves one contract and one settlement. The dual structure creates stamp duty advantages but requires more complex legal coordination.

When structured correctly, you pay stamp duty only on the land value, not the total package price. For a $600,000 package with $250,000 land, you pay stamp duty on $250,000 instead of $600,000. This can save $10,000 to $30,000 depending on your state. The building contract must be signed before construction starts for this concession to apply. We verify your contract timing meets these requirements.

Finance pre-approvals typically last 3 to 6 months, but house and land builds take 19 to 24 months. Your pre-approval will almost certainly expire during this period. We coordinate with your lender throughout the process, providing updates on construction progress and settlement timing. Most lenders will extend or renew pre-approvals for house and land purchases when kept informed.

A sunset clause allows either party to cancel the contract if settlement doesn't occur by a specified date. For untitled land, developers sometimes use sunset clauses to walk away if land values rise significantly, leaving you without the property but with wasted time and costs. We review sunset clause terms and negotiate fairer conditions where possible.

You pay the builder at each construction stage: deposit, slab, frame, lock-up, fixing, and practical completion. Your lender releases funds after their valuer confirms work is complete. We don't manage the valuation process, but we review the payment schedule in your contract, check it matches industry standards, and advise if any stage seems excessive.

Builder insolvency is a real risk, particularly in 2024-2025. Your building contract should include home warranty insurance that covers you if the builder cannot complete the work. We check your contract includes valid insurance certificates and verify the coverage amounts. We also review deposit holding arrangements to confirm your money is protected.

Yes, house and land packages qualify for the First Home Owner Grant in most states, provided you meet eligibility criteria and the total value falls within the cap. However, delays in land registration or construction can push your settlement past grant deadlines. We track these timelines and advise if delays might affect your eligibility.

Our fixed fee is $1,320 plus disbursements. This covers review of both contracts, all searches, coordination with your lender for both settlements, PEXA electronic settlement, and ongoing communication throughout the build period. Disbursements include title searches, registration fees, and other third-party costs. We provide a full estimate before you engage us.

Get Your House and Land Contracts Reviewed Today

Fixed fee conveyancing from qualified solicitors. Australia wide service.