Titled vs untitled land in Victoria: what it means for your build

The lot is on a plan of subdivision that hasn't been registered yet, so it doesn't have its own title. You can sign a contract and pay a deposit, but you can't settle until the plan is registered. Estates usually give an expected title window, not a fixed date.

Neither is better for everyone. Titled land gives you more certainty and a quicker start, but you need finance ready sooner. Untitled land can give you time to save, but you carry more timing, finance and price risk while you wait.

Loan approvals usually last for a set period. If titles take longer, you may need to reapply, and the lender may value the land again. If the value or your circumstances change, your loan could change too. Talk to your lender or broker about timing before you sign.

Not always. Ask in writing how long the build price is held, what happens if titles are late, and whether site costs can change after soil and survey tests. Victorian law restricts price-rise clauses in domestic building contracts, so ask your lawyer how yours handles price changes.

It's a clause that lets an off-the-plan contract be ended if the plan of subdivision isn't registered by a set date. For residential off-the-plan contracts in Victoria, the Sale of Land Act says the developer can't simply cancel. They need your written consent, given after at least 28 days' written notice, or a Supreme Court order. A conveyancer can explain how the clause in your contract works.

Possibly. Under the Sale of Land Act, if the plan isn't registered within the period set in the contract, or 18 months from the contract date if none is set, the buyer can usually end the contract before registration and get the deposit back. It depends on your contract's dates and terms, so check with a conveyancer before acting.

Under the Sale of Land Act, the deposit on an off-the-plan land contract in Victoria can't be more than 10% of the price, and it's held in trust until the plan is registered. You can negotiate a lower deposit. Your building contract deposit is separate and has its own rules, so have a conveyancer check both.