- Laura Vickers wrote an article
If the property has a paper Certificate of Title, the original needs to be provided at settlement. If you or your bank don't have this, you will need to organise a replacement. For more info about doing this, go here:http://www.dtpli.vic.gov.au/property-and-land-titles/land-titles/dealing-with-titles/lost-or-destroyed-titles
To find out whether a property has a paper or electronic certificate of title, you will need a register search statement. You can order these from Landata or ask your lawyer to do this search for you. For more information about electronic certificates of title, go here:http://www.dtpli.vic.gov.au/__data/assets/word_doc/0005/218885/Revised-Guide-to-attending-a-paper-settlement-when-the-CT-is-electronic.doc
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.
You can. To give your complaint the best chance of success, keep a diary of when and how long the particular noise occurs and present this to the Council with your complaint.
There are various statutes giving Councils the power to take
action against noisy neighbours.
The Public Health and
Wellbeing Act 2008 (Vic) applies to any nuisances that are, or may be,
dangerous to health, including any noise that is or is liable to be dangerous
to health or noxious, annoying or injurious to personal comfort. If the council
is satisfied that a nuisance exists, it can issue an improvement or prohibition
notice on the person causing the nuisance. If the notice is not complied with,
the council may take them to court.
The Council could also make a direction under s 48A of the Environmental Protection Act 1970, which
makes it an offence for a person to cause or allow unreasonable noise to be
emitted from residential premises. Also,
the Environment Protection (Residential Noise) Regulations 2008 (Vic) prohibit
the use of a range of items during specified hours. They include the use of
motor vehicles, lawn mowers, power tools, domestic air conditioners, record
players and musical instruments.
The Council may also be able to take action under its own
local laws.
If you aren’t satisfied with the attempts made by the Council
to resolve the complaint, you could take your own court action. However, if a
court considers your complaint to be frivolous, it may order you to pay your
neighbour’s legal costs.