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A developer or owner of land may require the assistance of a property solicitor for the purposes of securing certain utilities on that land. These may include connection to water supply, electricity supply, gas supply, or connection to sewerage systems. The legal principles involved in this area of legal practice may also touch on principles of environmental law, especially if there is an issue relating to the use of certain services, the development of the land in light of local environmental protection issues, or aspects of administrative and local council law.

Essentially, the owner or developer of the property may be prevented from enjoying the full benefit of the land if certain services are not available on the premises. This full benefit may be simply the occupation and use of the land by the owner, or the development of the land for some personal or business objective. For example, a lot may not be connected to a sewerage outflow, or there may be no electrical, gas or water connection to any of the buildings or proposed buildings on the land. The consequences are obvious: either the land cannot be used for extended habitation (or at all) or it cannot be used for residential, commercial or industrial development.

A solicitor who deals with matters concerning the supply of services and utilities on land will be able to assist the owner or developer by taking steps to extend a utility to the client’s lot. This may involve seeking an easement to access the service, or obtain a license from a relevant authority for the excavation of the land for the purposes of extending access to a facility located on an adjoining lot. Some of the areas in which legal advice and representation may be helpful to the developer or owner may involve:

  • Issues relating to water, gas and electricity utilities generally;
  • Obtaining a build over sewer letter to allow development of the property;
  • Licence for a storm water pit development; and
  • Licence for development around a water tank.

These matters should be in the mind of any developer acquiring land. When the conveyance of the land is in process (or more specifically, when the sale of the land is still in the negotiation phase) a property solicitor will ordinarily identify issues relating to development liabilities on part of the purchaser. For example, there may be a special condition that addresses the need or requirement for a license to be obtained in relation to any of the above utility or facility issues. Likewise, there may be something on the face of the contract that makes the intended development impossible or very difficult. For example, the existence of a water tank or underground piece of infrastructure may make excavations impossible and this may render an intended development unlikely at best.

For these reasons, a developer or owner of a lot of land will need to provide detailed and precise instructions to his property lawyer so that the legal advice offered in relation to the conveyance will meet the client’s needs. Likewise, the property solicitor will need to be properly and fully aware of all relevant issues so that when he is instructed he may provide the necessary legal advice relating to the license and supply of services which are required.

If you wish to make an appointment, please contact us by telephone on (02) 9233 4048 or send an email to info@navado.com.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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