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Acquisition

Sale and purchase agreement basics

This stage teaches the developer what to ask the lawyer about before signing a residential development site purchase agreement. This page shows what a beginner residential developer in Auckland should check, who to ask, what evidence to save, and where to verify before committing money or instructions.

sale and purchase agreementSPAlawyerconditionssettlement5 rolesLast reviewed 11 August 2026

How to execute this stage

Micro-stage control plan

Work through each applicable step in order. A hold point means pause the dependent decision or work until the stated evidence and authorised review are complete.

10 structured steps
  1. 01PartiesLevel 1 · Acquisition
    TaskCheckHold pointEvidenceRecordNext action

    Simple explanation

    Parties

    Technical context

    Test this point against Sale and purchase agreement, the current feasibility version and written input from Lawyer. Separate verified facts, professional opinion and assumptions.

    Why it matters: This check can change yield, consent pathway, acquisition terms, funding, cost, programme or exit strategy. It must be resolved before the developer relies on whether to sign.

    Prerequisites

    • Sale and purchase agreement is current and its source/date are recorded.
    • The project objective, feasibility version and decision deadline are clear.
    • Lawyer has a focused brief where professional confirmation is required.

    Checks

    • Does Sale and purchase agreement directly support the conclusion?
    • Which information is verified, assumed, missing, superseded or contradictory?
    • Has the feasibility, programme, risk register and decision register been updated?

    Evidence to save

    • Sale and purchase agreement
    • Written Lawyer response or a recorded reason it is not required
    • Dated feasibility/risk/decision update

    Hold point

    Do not waive a condition, instruct design/work, commit funding, lodge, purchase, settle or represent the conclusion as confirmed until the authorised decision-maker has the required evidence and advice.

    Stop or escalate when

    • The source is missing, old, inconsistent or outside the reviewer's scope.
    • The check changes yield, approval pathway, funding, legal rights, tax, safety or a material cost/programme assumption.
    • A deadline is approaching and the responsible professional has not confirmed the position.

    Documents and records

    • Sale and purchase agreement
    • Lawyer instruction checklist
    • Settlement checklist
    • Current feasibility, risk register and decision register
    Cost effect
    Record changes to land value, consultant/council cost, construction/civil cost, finance, holding cost, contingency and exit value before whether to sign.
    Programme effect
    Record the decision deadline, dependencies, information lead time and effect on acquisition, consent, procurement, construction, sales or settlement milestones.

    Next action

    property

    Applicability: Confirm whether this check applies to the actual site, ownership, strategy, consent pathway, infrastructure and delivery model; record a reason when not applicable.

    Use current site-specific documents and appropriately appointed professional advice. BuildPath does not make the development decision for you.

  2. 02propertyLevel 1 · Acquisition
    TaskCheckHold pointEvidenceRecordNext action

    Simple explanation

    property

    Technical context

    Test this point against Conditions schedule, the current feasibility version and written input from Developer. Separate verified facts, professional opinion and assumptions.

    Why it matters: This check can change yield, consent pathway, acquisition terms, funding, cost, programme or exit strategy. It must be resolved before the developer relies on whether conditions protect the developer.

    Prerequisites

    • Conditions schedule is current and its source/date are recorded.
    • The project objective, feasibility version and decision deadline are clear.
    • Developer has a focused brief where professional confirmation is required.

    Checks

    • Does Conditions schedule directly support the conclusion?
    • Which information is verified, assumed, missing, superseded or contradictory?
    • Has the feasibility, programme, risk register and decision register been updated?

    Evidence to save

    • Conditions schedule
    • Written Developer response or a recorded reason it is not required
    • Dated feasibility/risk/decision update

    Hold point

    Do not waive a condition, instruct design/work, commit funding, lodge, purchase, settle or represent the conclusion as confirmed until the authorised decision-maker has the required evidence and advice.

    Stop or escalate when

    • The source is missing, old, inconsistent or outside the reviewer's scope.
    • The check changes yield, approval pathway, funding, legal rights, tax, safety or a material cost/programme assumption.
    • A deadline is approaching and the responsible professional has not confirmed the position.

    Documents and records

    • Conditions schedule
    • Lawyer instruction checklist
    • Settlement checklist
    • Current feasibility, risk register and decision register
    Cost effect
    Record changes to land value, consultant/council cost, construction/civil cost, finance, holding cost, contingency and exit value before whether conditions protect the developer.
    Programme effect
    Record the decision deadline, dependencies, information lead time and effect on acquisition, consent, procurement, construction, sales or settlement milestones.

    Next action

    price

    Applicability: Confirm whether this check applies to the actual site, ownership, strategy, consent pathway, infrastructure and delivery model; record a reason when not applicable.

    Use current site-specific documents and appropriately appointed professional advice. BuildPath does not make the development decision for you.

  3. 03priceLevel 1 · Acquisition
    TaskCheckHold pointEvidenceRecordNext action

    Simple explanation

    price

    Technical context

    Test this point against Title report, the current feasibility version and written input from Agent. Separate verified facts, professional opinion and assumptions.

    Why it matters: This check can change yield, consent pathway, acquisition terms, funding, cost, programme or exit strategy. It must be resolved before the developer relies on whether settlement timing matches funding and due diligence.

    Prerequisites

    • Title report is current and its source/date are recorded.
    • The project objective, feasibility version and decision deadline are clear.
    • Agent has a focused brief where professional confirmation is required.

    Checks

    • Does Title report directly support the conclusion?
    • Which information is verified, assumed, missing, superseded or contradictory?
    • Has the feasibility, programme, risk register and decision register been updated?

    Evidence to save

    • Title report
    • Written Agent response or a recorded reason it is not required
    • Dated feasibility/risk/decision update

    Hold point

    Do not waive a condition, instruct design/work, commit funding, lodge, purchase, settle or represent the conclusion as confirmed until the authorised decision-maker has the required evidence and advice.

    Stop or escalate when

    • The source is missing, old, inconsistent or outside the reviewer's scope.
    • The check changes yield, approval pathway, funding, legal rights, tax, safety or a material cost/programme assumption.
    • A deadline is approaching and the responsible professional has not confirmed the position.

    Documents and records

    • Title report
    • Lawyer instruction checklist
    • Settlement checklist
    • Current feasibility, risk register and decision register
    Cost effect
    Record changes to land value, consultant/council cost, construction/civil cost, finance, holding cost, contingency and exit value before whether settlement timing matches funding and due diligence.
    Programme effect
    Record the decision deadline, dependencies, information lead time and effect on acquisition, consent, procurement, construction, sales or settlement milestones.

    Next action

    deposit

    Applicability: Confirm whether this check applies to the actual site, ownership, strategy, consent pathway, infrastructure and delivery model; record a reason when not applicable.

    Use current site-specific documents and appropriately appointed professional advice. BuildPath does not make the development decision for you.

  4. 04depositLevel 1 · Acquisition
    TaskCheckHold pointEvidenceRecordNext action

    Simple explanation

    deposit

    Technical context

    Test this point against Finance approval, the current feasibility version and written input from Lender. Separate verified facts, professional opinion and assumptions.

    Why it matters: This check can change yield, consent pathway, acquisition terms, funding, cost, programme or exit strategy. It must be resolved before the developer relies on whether to sign.

    Prerequisites

    • Finance approval is current and its source/date are recorded.
    • The project objective, feasibility version and decision deadline are clear.
    • Lender has a focused brief where professional confirmation is required.

    Checks

    • Does Finance approval directly support the conclusion?
    • Which information is verified, assumed, missing, superseded or contradictory?
    • Has the feasibility, programme, risk register and decision register been updated?

    Evidence to save

    • Finance approval
    • Written Lender response or a recorded reason it is not required
    • Dated feasibility/risk/decision update

    Hold point

    Do not waive a condition, instruct design/work, commit funding, lodge, purchase, settle or represent the conclusion as confirmed until the authorised decision-maker has the required evidence and advice.

    Stop or escalate when

    • The source is missing, old, inconsistent or outside the reviewer's scope.
    • The check changes yield, approval pathway, funding, legal rights, tax, safety or a material cost/programme assumption.
    • A deadline is approaching and the responsible professional has not confirmed the position.

    Documents and records

    • Finance approval
    • Lawyer instruction checklist
    • Settlement checklist
    • Current feasibility, risk register and decision register
    Cost effect
    Record changes to land value, consultant/council cost, construction/civil cost, finance, holding cost, contingency and exit value before whether to sign.
    Programme effect
    Record the decision deadline, dependencies, information lead time and effect on acquisition, consent, procurement, construction, sales or settlement milestones.

    Next action

    conditions

    Applicability: Confirm whether this check applies to the actual site, ownership, strategy, consent pathway, infrastructure and delivery model; record a reason when not applicable.

    Use current site-specific documents and appropriately appointed professional advice. BuildPath does not make the development decision for you.

  5. 05conditionsLevel 1 · Acquisition
    TaskCheckHold pointEvidenceRecordNext action

    Simple explanation

    conditions

    Technical context

    Test this point against Settlement checklist, the current feasibility version and written input from Accountant. Separate verified facts, professional opinion and assumptions.

    Why it matters: This check can change yield, consent pathway, acquisition terms, funding, cost, programme or exit strategy. It must be resolved before the developer relies on whether conditions protect the developer.

    Prerequisites

    • Settlement checklist is current and its source/date are recorded.
    • The project objective, feasibility version and decision deadline are clear.
    • Accountant has a focused brief where professional confirmation is required.

    Checks

    • Does Settlement checklist directly support the conclusion?
    • Which information is verified, assumed, missing, superseded or contradictory?
    • Has the feasibility, programme, risk register and decision register been updated?

    Evidence to save

    • Settlement checklist
    • Written Accountant response or a recorded reason it is not required
    • Dated feasibility/risk/decision update

    Hold point

    Do not waive a condition, instruct design/work, commit funding, lodge, purchase, settle or represent the conclusion as confirmed until the authorised decision-maker has the required evidence and advice.

    Stop or escalate when

    • The source is missing, old, inconsistent or outside the reviewer's scope.
    • The check changes yield, approval pathway, funding, legal rights, tax, safety or a material cost/programme assumption.
    • A deadline is approaching and the responsible professional has not confirmed the position.

    Documents and records

    • Settlement checklist
    • Lawyer instruction checklist
    • Settlement checklist
    • Current feasibility, risk register and decision register
    Cost effect
    Record changes to land value, consultant/council cost, construction/civil cost, finance, holding cost, contingency and exit value before whether conditions protect the developer.
    Programme effect
    Record the decision deadline, dependencies, information lead time and effect on acquisition, consent, procurement, construction, sales or settlement milestones.

    Next action

    settlement

    Applicability: Confirm whether this check applies to the actual site, ownership, strategy, consent pathway, infrastructure and delivery model; record a reason when not applicable.

    Use current site-specific documents and appropriately appointed professional advice. BuildPath does not make the development decision for you.

  6. 06settlementLevel 1 · Acquisition
    TaskCheckHold pointEvidenceRecordNext action

    Simple explanation

    settlement

    Technical context

    Test this point against Sale and purchase agreement, the current feasibility version and written input from Lawyer. Separate verified facts, professional opinion and assumptions.

    Why it matters: This check can change yield, consent pathway, acquisition terms, funding, cost, programme or exit strategy. It must be resolved before the developer relies on whether settlement timing matches funding and due diligence.

    Prerequisites

    • Sale and purchase agreement is current and its source/date are recorded.
    • The project objective, feasibility version and decision deadline are clear.
    • Lawyer has a focused brief where professional confirmation is required.

    Checks

    • Does Sale and purchase agreement directly support the conclusion?
    • Which information is verified, assumed, missing, superseded or contradictory?
    • Has the feasibility, programme, risk register and decision register been updated?

    Evidence to save

    • Sale and purchase agreement
    • Written Lawyer response or a recorded reason it is not required
    • Dated feasibility/risk/decision update

    Hold point

    Do not waive a condition, instruct design/work, commit funding, lodge, purchase, settle or represent the conclusion as confirmed until the authorised decision-maker has the required evidence and advice.

    Stop or escalate when

    • The source is missing, old, inconsistent or outside the reviewer's scope.
    • The check changes yield, approval pathway, funding, legal rights, tax, safety or a material cost/programme assumption.
    • A deadline is approaching and the responsible professional has not confirmed the position.

    Documents and records

    • Sale and purchase agreement
    • Lawyer instruction checklist
    • Settlement checklist
    • Current feasibility, risk register and decision register
    Cost effect
    Record changes to land value, consultant/council cost, construction/civil cost, finance, holding cost, contingency and exit value before whether settlement timing matches funding and due diligence.
    Programme effect
    Record the decision deadline, dependencies, information lead time and effect on acquisition, consent, procurement, construction, sales or settlement milestones.

    Next action

    chattels

    Applicability: Confirm whether this check applies to the actual site, ownership, strategy, consent pathway, infrastructure and delivery model; record a reason when not applicable.

    Use current site-specific documents and appropriately appointed professional advice. BuildPath does not make the development decision for you.

  7. 07chattelsLevel 1 · Acquisition
    TaskCheckHold pointEvidenceRecordNext action

    Simple explanation

    chattels

    Technical context

    Test this point against Conditions schedule, the current feasibility version and written input from Developer. Separate verified facts, professional opinion and assumptions.

    Why it matters: This check can change yield, consent pathway, acquisition terms, funding, cost, programme or exit strategy. It must be resolved before the developer relies on whether to sign.

    Prerequisites

    • Conditions schedule is current and its source/date are recorded.
    • The project objective, feasibility version and decision deadline are clear.
    • Developer has a focused brief where professional confirmation is required.

    Checks

    • Does Conditions schedule directly support the conclusion?
    • Which information is verified, assumed, missing, superseded or contradictory?
    • Has the feasibility, programme, risk register and decision register been updated?

    Evidence to save

    • Conditions schedule
    • Written Developer response or a recorded reason it is not required
    • Dated feasibility/risk/decision update

    Hold point

    Do not waive a condition, instruct design/work, commit funding, lodge, purchase, settle or represent the conclusion as confirmed until the authorised decision-maker has the required evidence and advice.

    Stop or escalate when

    • The source is missing, old, inconsistent or outside the reviewer's scope.
    • The check changes yield, approval pathway, funding, legal rights, tax, safety or a material cost/programme assumption.
    • A deadline is approaching and the responsible professional has not confirmed the position.

    Documents and records

    • Conditions schedule
    • Lawyer instruction checklist
    • Settlement checklist
    • Current feasibility, risk register and decision register
    Cost effect
    Record changes to land value, consultant/council cost, construction/civil cost, finance, holding cost, contingency and exit value before whether to sign.
    Programme effect
    Record the decision deadline, dependencies, information lead time and effect on acquisition, consent, procurement, construction, sales or settlement milestones.

    Next action

    warranties

    Applicability: Confirm whether this check applies to the actual site, ownership, strategy, consent pathway, infrastructure and delivery model; record a reason when not applicable.

    Use current site-specific documents and appropriately appointed professional advice. BuildPath does not make the development decision for you.

  8. 08warrantiesLevel 1 · Acquisition
    TaskCheckHold pointEvidenceRecordNext action

    Simple explanation

    warranties

    Technical context

    Test this point against Title report, the current feasibility version and written input from Agent. Separate verified facts, professional opinion and assumptions.

    Why it matters: This check can change yield, consent pathway, acquisition terms, funding, cost, programme or exit strategy. It must be resolved before the developer relies on whether conditions protect the developer.

    Prerequisites

    • Title report is current and its source/date are recorded.
    • The project objective, feasibility version and decision deadline are clear.
    • Agent has a focused brief where professional confirmation is required.

    Checks

    • Does Title report directly support the conclusion?
    • Which information is verified, assumed, missing, superseded or contradictory?
    • Has the feasibility, programme, risk register and decision register been updated?

    Evidence to save

    • Title report
    • Written Agent response or a recorded reason it is not required
    • Dated feasibility/risk/decision update

    Hold point

    Do not waive a condition, instruct design/work, commit funding, lodge, purchase, settle or represent the conclusion as confirmed until the authorised decision-maker has the required evidence and advice.

    Stop or escalate when

    • The source is missing, old, inconsistent or outside the reviewer's scope.
    • The check changes yield, approval pathway, funding, legal rights, tax, safety or a material cost/programme assumption.
    • A deadline is approaching and the responsible professional has not confirmed the position.

    Documents and records

    • Title report
    • Lawyer instruction checklist
    • Settlement checklist
    • Current feasibility, risk register and decision register
    Cost effect
    Record changes to land value, consultant/council cost, construction/civil cost, finance, holding cost, contingency and exit value before whether conditions protect the developer.
    Programme effect
    Record the decision deadline, dependencies, information lead time and effect on acquisition, consent, procurement, construction, sales or settlement milestones.

    Next action

    access

    Applicability: Confirm whether this check applies to the actual site, ownership, strategy, consent pathway, infrastructure and delivery model; record a reason when not applicable.

    Use current site-specific documents and appropriately appointed professional advice. BuildPath does not make the development decision for you.

  9. 09accessLevel 1 · Acquisition
    TaskCheckHold pointEvidenceRecordNext action

    Simple explanation

    access

    Technical context

    Test this point against Finance approval, the current feasibility version and written input from Lender. Separate verified facts, professional opinion and assumptions.

    Why it matters: This check can change yield, consent pathway, acquisition terms, funding, cost, programme or exit strategy. It must be resolved before the developer relies on whether settlement timing matches funding and due diligence.

    Prerequisites

    • Finance approval is current and its source/date are recorded.
    • The project objective, feasibility version and decision deadline are clear.
    • Lender has a focused brief where professional confirmation is required.

    Checks

    • Does Finance approval directly support the conclusion?
    • Which information is verified, assumed, missing, superseded or contradictory?
    • Has the feasibility, programme, risk register and decision register been updated?

    Evidence to save

    • Finance approval
    • Written Lender response or a recorded reason it is not required
    • Dated feasibility/risk/decision update

    Hold point

    Do not waive a condition, instruct design/work, commit funding, lodge, purchase, settle or represent the conclusion as confirmed until the authorised decision-maker has the required evidence and advice.

    Stop or escalate when

    • The source is missing, old, inconsistent or outside the reviewer's scope.
    • The check changes yield, approval pathway, funding, legal rights, tax, safety or a material cost/programme assumption.
    • A deadline is approaching and the responsible professional has not confirmed the position.

    Documents and records

    • Finance approval
    • Lawyer instruction checklist
    • Settlement checklist
    • Current feasibility, risk register and decision register
    Cost effect
    Record changes to land value, consultant/council cost, construction/civil cost, finance, holding cost, contingency and exit value before whether settlement timing matches funding and due diligence.
    Programme effect
    Record the decision deadline, dependencies, information lead time and effect on acquisition, consent, procurement, construction, sales or settlement milestones.

    Next action

    default consequences

    Applicability: Confirm whether this check applies to the actual site, ownership, strategy, consent pathway, infrastructure and delivery model; record a reason when not applicable.

    Use current site-specific documents and appropriately appointed professional advice. BuildPath does not make the development decision for you.

  10. 10default consequencesLevel 1 · Acquisition
    TaskCheckHold pointEvidenceRecordNext action

    Simple explanation

    default consequences

    Technical context

    Test this point against Settlement checklist, the current feasibility version and written input from Accountant. Separate verified facts, professional opinion and assumptions.

    Why it matters: This check can change yield, consent pathway, acquisition terms, funding, cost, programme or exit strategy. It must be resolved before the developer relies on whether to sign.

    Prerequisites

    • Settlement checklist is current and its source/date are recorded.
    • The project objective, feasibility version and decision deadline are clear.
    • Accountant has a focused brief where professional confirmation is required.

    Checks

    • Does Settlement checklist directly support the conclusion?
    • Which information is verified, assumed, missing, superseded or contradictory?
    • Has the feasibility, programme, risk register and decision register been updated?

    Evidence to save

    • Settlement checklist
    • Written Accountant response or a recorded reason it is not required
    • Dated feasibility/risk/decision update

    Hold point

    Do not waive a condition, instruct design/work, commit funding, lodge, purchase, settle or represent the conclusion as confirmed until the authorised decision-maker has the required evidence and advice.

    Stop or escalate when

    • The source is missing, old, inconsistent or outside the reviewer's scope.
    • The check changes yield, approval pathway, funding, legal rights, tax, safety or a material cost/programme assumption.
    • A deadline is approaching and the responsible professional has not confirmed the position.

    Documents and records

    • Settlement checklist
    • Lawyer instruction checklist
    • Settlement checklist
    • Current feasibility, risk register and decision register
    Cost effect
    Record changes to land value, consultant/council cost, construction/civil cost, finance, holding cost, contingency and exit value before whether to sign.
    Programme effect
    Record the decision deadline, dependencies, information lead time and effect on acquisition, consent, procurement, construction, sales or settlement milestones.

    Next action

    Make and record the stage decision: Whether to sign. Then open the next applicable development stage.

    Applicability: Confirm whether this check applies to the actual site, ownership, strategy, consent pathway, infrastructure and delivery model; record a reason when not applicable.

    Use current site-specific documents and appropriately appointed professional advice. BuildPath does not make the development decision for you.

Developer go / no-go control

Decision gates before the next commitment

A gate records whether evidence supports a commercial decision. It does not replace advice or predict an authority, lender, purchaser or market outcome.

Before making an offer

Decision: Offer, negotiate conditions, or stop

Minimum evidence

  • • Title/interests and property-file review routed to the right advisers
  • • Planning, hazards, access and service constraints screened
  • • Versioned feasibility with land, works, finance, tax/GST advice triggers and contingency

Update before deciding

  • • Maximum land price and deposit
  • • Due-diligence/finance conditions and dates
  • • Downside yield/cost/programme scenario

Stop / escalate when

  • • A material constraint has no owner or allowance
  • • The offer conditions cannot protect the unresolved checks
  • • Required legal, planning, finance or tax advice is missing
Record this gate in the Workspace →

Before going unconditional or settling

Decision: Proceed, renegotiate, extend, or withdraw under professional advice

Minimum evidence

  • • Lawyer confirms title and agreement matters within scope
  • • Planner/design/engineering advice supports a credible pathway
  • • Funding, valuation, insurance and cash requirements are evidenced

Update before deciding

  • • Acquisition and holding costs
  • • Confirmed investigation/design/authority allowances
  • • Settlement-to-revenue cashflow and contingency

Stop / escalate when

  • • A critical report/approval is outstanding at the condition deadline
  • • Feasibility fails the agreed downside threshold
  • • Conflicting advice is unresolved
Record this gate in the Workspace →

What this stage means

  • Sale and purchase agreement basics is the part of the project where the developer turns an idea into a checked decision, not a guess.
  • The stage should connect market demand, planning rules, legal constraints, design, cost, funding, time, risk, and exit strategy.
  • For Auckland residential development, the answer is site-specific. The same idea can be low risk on one site and unworkable on the next because of zoning, overlays, title interests, services, slope, flooding, neighbours, or finance.

Why this stage matters

  • Early mistakes become expensive because land, design, consultants, holding costs, consent fees, and finance costs continue even when the project is paused.
  • The developer needs written evidence for lenders, consultants, lawyers, valuers, builders, purchasers, and future dispute protection.
  • This stage usually needs verification from Toitu Te Whenua LINZ land records, Relevant professional advice before the developer treats the conclusion as reliable.

Step-by-step guide

  1. 1Define the decision needed at the end of this stage and the date it is needed by.
  2. 2Gather the stage documents: Sale and purchase agreement, Conditions schedule, Title report, Finance approval, and the remaining stage records.
  3. 3Read the documents once for understanding, then again to list unknowns, risks, contradictions, missing evidence, and professional questions.
  4. 4Ask the responsible professionals to confirm the critical points: Lawyer, Developer, Agent, Lender.
  5. 5Update the feasibility, programme, risk register, and decision register with source references and dates.
  6. 6Decide whether to proceed, pause, redesign, renegotiate, add conditions, seek more advice, or abandon the option.
  7. 7Save the evidence in a dated folder and write a short stage closeout note explaining what was decided and why.

What the developer must do

  • Write down the development objective for sale and purchase agreement basics in one clear paragraph: build-to-sell, build-to-rent, retain one dwelling, subdivide, renovate, or staged development.
  • Open the current feasibility, programme, decision register, risk register, and due diligence folder before making new commitments.
  • Collect the documents needed for this stage: Sale and purchase agreement, Conditions schedule, Title report, Finance approval, Settlement checklist.
  • Send focused questions to the right people: Lawyer, Developer, Agent, Lender, Accountant.
  • Record assumptions separately from verified facts so the feasibility does not look more certain than it really is.
  • Update cost, time, consent, finance, and sales assumptions immediately after receiving new information.
  • Escalate anything that changes yield, sale price, cost, timing, consent pathway, title, funding, or settlement risk.

Verification

Source / where to check

Use current official information and the controlled documents for the actual project.

Toitu Te Whenua LINZ land records

Use LINZ, a lawyer, and a licensed cadastral surveyor to verify Record of Title, legal description, interests, easements, covenants, consent notices, survey plans, and boundary/title matters.

Relevant professional advice

Planner, surveyor, architect, engineer, quantity surveyor, lawyer, accountant, lender, valuer, real estate agent, and other project specialists must confirm site-specific decisions.

Project-specific consented documents and professional advice override generic guidance.

Common mistakes

  • Treating an agent comment, generic online rule, or old document as verified site-specific advice.
  • Forgetting to update the feasibility after design, consent, finance, or market information changes.
  • Not allowing enough contingency, professional fees, council fees, finance costs, holding costs, and time risk.
  • Failing to keep written records of who confirmed what and when.
  • Using sale and purchase agreement basics to push ahead even when the red flags show the project should pause.

Common risks

  • Yield reduces after proper planning, engineering, title, or infrastructure review.
  • Costs increase after QS, builder, civil, geotechnical, demolition, asbestos, or consent information is received.
  • Programme moves out because consultant inputs, council RFIs, neighbour issues, finance, title, or construction sequencing take longer than assumed.
  • Funding or sales assumptions change before the project reaches settlement.
  • The developer relies on unverified information and loses negotiating power or misses a due diligence deadline.

Common costs

  • Professional fees for planner, architect/designer, surveyor, engineer, QS, lawyer, accountant, valuer, and lender reports.
  • Council fees, consent fees, development contribution estimates, engineering approvals, infrastructure checks, and inspection/monitoring costs where relevant.
  • Design revisions, reports, investigations, demolition/asbestos work, service location, geotechnical testing, and valuation updates.
  • Holding costs such as interest, rates, insurance, utilities, temporary maintenance, and security.
  • Contingency for unverified conditions until the relevant professional confirms them.

Quotes and fee proposals to obtain

  • Obtain written fee proposals or quotations from the relevant stage professionals: Lawyer, Developer, Agent, Lender, Accountant.
  • Issue the same current documents and a clear scope to each party so prices, exclusions, assumptions, deliverables, lead times, and programme can be compared.
  • Identify council, authority, investigation, testing, design, construction, monitoring, and close-out charges that may sit outside a consultant or contractor quote.
  • Record every provisional sum, estimate, exclusion, expiry date, dependency, and unverified allowance in the Quote Register and feasibility.
  • Do not approve an appointment or purchase order until scope ownership, evidence required, payment terms, variation process, insurance or competency checks, and completion deliverables are understood.

Common delays

  • Waiting for property file, LIM, title instruments, survey information, consultant reports, or council responses.
  • Design changes caused by planning controls, infrastructure constraints, engineering findings, budget pressure, or market feedback.
  • Lender, valuer, lawyer, or purchaser conditions not being satisfied on time.
  • Council RFI responses needing more consultant work than expected.
  • Construction or subdivision closeout documents not matching settlement or sales deadlines.

Common consultant questions

  • For Sale and purchase agreement basics, what are the three highest risks that could change cost, time, yield, or approval pathway?
  • Which parts of your advice are confirmed, which are assumptions, and which require another professional to confirm?
  • What documents did you rely on, and are any documents missing, outdated, superseded, or inconsistent?
  • What decision does the developer need to make now, and what should wait until more information is available?
  • What wording should go into the decision register, consultant meeting minutes, or lender/client update?

Red flags

  • A professional says the issue is outside their scope and no one else has been asked to confirm it.
  • The feasibility only works if optimistic sale prices, low construction costs, fast consent, low interest, and no delays all happen together.
  • A title, planning, flooding, geotechnical, access, service, or covenant issue may prevent the intended yield.
  • A seller, agent, builder, or consultant pressures the developer to waive due diligence before core checks are complete.
  • The project file has no written evidence for a major decision.

When to stop and get professional advice

  • Stop and get professional advice when title, easements, covenants, unit title, cross lease, or subdivision matters affect the proposal.
  • Stop and get professional advice when zoning, overlays, activity status, notification, infrastructure capacity, flooding, geotechnical, contamination, or heritage could affect yield.
  • Stop and get professional advice when GST, income tax, entity structure, lending, guarantees, or sale contract terms affect the decision.
  • Stop and get professional advice when the developer is about to sign, waive a condition, lodge consent, start work, approve a variation, accept practical completion, or settle.

Decisions that must be made

  • Whether to sign
  • Whether conditions protect the developer
  • Whether settlement timing matches funding and due diligence

Evidence to save

  • Dated source documents and consultant advice.
  • Feasibility version showing the assumptions used at the time of decision.
  • Risk register and decision register entries.
  • Meeting notes, emails, marked-up plans, calculations, photos, and council/lender/consultant responses.
  • Clear note of who approved the next step and any conditions attached to that approval.

Beginner-friendly example

The developer asks the lawyer to add due diligence and investigation access clauses before signing, instead of relying on a short finance condition only.

Use this in my project

Turn sale and purchase agreement basics into controlled action

Open the relevant workspace register, create the project-specific record, link the controlling documents and preserve evidence. The guide does not automatically approve or verify the action.

Open workspace
Create a task →Record a document →Update feasibility →Record a decision →Record a constraint →Compare quotes →
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