On 30 October 2013, Landgate launched a new product known as the Property Interest Report (PIR).
The PIR (which costs $54.95 (inclusive of GST)) is a comprehensive report that discloses detailed information on property interests and restrictions in relation to land, not listed on the certificate of title, which may affect the use or enjoyment of the land. It is the easiest way to find out how more than 100 interests (most of which are created by government legislation, policies and guidelines) may or may not impact the property.
The interests disclosed in the PIR are divided into three categories:
land tax;
National Broadband Network fibre deployment; and
native title and indigenous land use agreements,
interests that affect the property; and
interests that do not affect the property.
Some examples of interests that may or may not affect the property that are disclosed in the PIR include:
Aboriginal heritage sites;
local planning schemes;
metropolitan region improvement tax;
Western Power infrastructure;
acid sulfate soil risk;
conservation orders; and
contaminated sites.
These interests and restrictions can have serious implications in relation to the use of the property. For instance, if a property is identified as a contaminated site, any proposed development or subdivision on the land will necessitate the relevant local government or Western Australian Planning Commission obtaining consent from the Department of Environment Regulation prior to granting development or subdivision approval. In these circumstances, development is likely to be constrained or significantly delayed pending further investigation or until the land is sufficiently remediated to remove risk of harm.
There are 80 legislated interests that may impact owners’ use and enjoyment of a property. The PIR currently reports on 44 of these legislated interests. In time the PIR will be expanded to include all 80 legislated interests.
Lavan Legal comment
A PIR should be obtained before signing a contract of sale to buy a property.
PIRs provide the public with easy access to information on government interests over land and remove the rigmarole of contacting each government department individually, effectively acting as a “one stop shop” for the public to ascertain these interests.
PIRs are a useful tool for real estate sales representatives, home buyers, home owners, settlement agents, property valuers and property developers seeking to obtain an accurate snapshot of what interests affect and do not affect a particular property.
However, the PIRs contain a detailed disclaimer specifying that the state government, Landgate and the agencies and bodies specified in the PIR are not liable for any loss or damage caused from the use and reliance on any information expressed or implied by the PIR.
Accordingly, it is important to verify any information sought to be relied upon from the PIR with the relevant state government agency or body. Conveniently, the PIRs provide the contact details for each of the State Government agencies and bodies referred to in the PIR.
