What to confirm with a conveyancer about looming special levies
Before buying a sectional title unit, confirm with your conveyancer what special levies are approved, who pays them, and what's planned ahead.
Most buyers discover special levies only after signing the offer to purchase—when their conveyancer flags them in the pre-transfer search. By then, you're committed. The mistake is not asking about levies upfront, before you even open the transfer conversation. Special levies exist to fund major works: roof replacements, plumbing overhauls, electrical upgrades. They're the body corporate's way of collecting money in one lump sum rather than spreading the cost over years of ordinary monthly levies. If they're looming, they hit your wallet fast, and they become your liability the moment you take ownership.
Find out if levies are already approved—or only planned
Your conveyancer will eventually confirm what's on record with the body corporate. But before you commit to buying, ask the *current owner or their agent* whether any special levies have been formally approved by resolution. A planned levy and an approved levy are not the same thing. An approved levy is binding: the body corporate has voted, and the cost is locked in. You will inherit the debt if it remains unpaid. A proposed or planned levy might never happen, or the amount might change. Your conveyancer's job is to pull the official record—the minutes of body corporate meetings, the Sectional Title Register, and the levy search report. They'll tell you the exact status and outstanding amounts. What you need to confirm *with them* is that they're actually pulling this information and explaining it clearly to you, not just nodding through a standard checklist.
Know who pays if a levy is in progress
Timing matters. If a special levy was approved six months ago and half the owners have already paid their share, the balance still due becomes your problem when you take transfer. Your conveyancer should spell this out: which levies are outstanding, how much is owed on your specific unit, and whether the seller is required to clear them before you sign the deed of transfer. Many sellers try to hand over levies to the buyer. A good conveyancer will flag this and push back on your behalf, ensuring the seller settles what accrued on their watch. Confirm that your conveyancer is actively checking the body corporate's bank account status and any outstanding special levy invoices. Ask them directly: "Will you confirm in writing, before I transfer, exactly which special levies apply to this unit and who must pay them?" If they say "the body corporate will sort it out after transfer," that's a red flag. Your name on the deed means you're liable.
Get the full levy forecast before you exchange contracts
Body corporates often know about future works that haven't yet triggered a special levy resolution. A conveyancer connected to sectional title practice will ask the managing agent about the building's maintenance plan: is the roof due for work in two years? Is the parking area about to be resurfaced? You won't be liable for a levy that hasn't been approved, but you should know it's coming so you can budget. Your conveyancer should ask for a copy of the body corporate's long-term maintenance plan or reserve fund study, if one exists. This isn't a legal requirement they must provide, but a professional body corporate manager will have it and will share it. What you're confirming with your conveyancer is whether they're asking these forward-looking questions at all. Some conveyancers stick to the bare statutory checks. The better ones probe deeper and give you the full picture of the building's financial health.
Before you sign anything, sit down with your chosen conveyancer and talk through special levies as a distinct topic—not just as a line item in a longer checklist. Ask them to show you the body corporate minutes, the levy register, and the managing agent's response to their enquiries. The goal is to walk into transfer knowing exactly what levies you're inheriting and what the next five years of body corporate maintenance might look like. On Strove, you can find conveyancers who specialise in sectional title and ask them these questions upfront during your initial consultation.
Common questions
- What's the difference between an approved special levy and a proposed one?
- An approved special levy has been formally voted on and passed by the body corporate—it's binding, and any unpaid balance becomes your debt when you take transfer. A proposed levy may never happen or the amount might change. Your conveyancer must confirm which is which from the official body corporate records.
- Can the seller force me to pay a special levy that was approved while they owned the unit?
- No. Your conveyancer should insist the seller clears any special levy arrears accrued during their ownership before you sign the deed of transfer. If they refuse, you have grounds to renegotiate or walk away. Always get this in writing in the transfer documents.
- Should I ask about future special levies before I buy?
- Yes. Your conveyancer should request the body corporate's long-term maintenance plan or reserve fund study to flag likely future works. While you won't be liable for levies not yet approved, knowing what's planned helps you budget and assess the building's true cost of ownership.
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