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​Asset Management


Real Estate Advisory Services

The Real Estate Advisory Services are designed to assist, guide and steer Church entities with the complex issues around the purchasing and selling of property, as well as the ongoing management of Church assets. 

Property Services’ goal is to support the Church entities and to extract best value from the marketplace, without compromising quality or adding unnecessary cost to entities.

The Property Services team are made up of qualified and experience property professionals, to assist in matters of general property transactions, caveats, covenants easements, lease negotiations, highest and best use of property and the ongoing management of assets, whose primary interest is to protect all Church entities and maximise value.

The Property Board have introduced the Enhanced Governance Process for Disposal of Church Property/Asset Sales in order to achieve the best possible outcome for church entities, working within a best practice framework; the following points outline the process: 

  • Any Property/Asset Sale in excess of $500,000 is to have a co-agency agreement with the Real Estate Function at Property Services, who will manage the process for the Church entity
  • Real Estate Advisory Function will work with the Church entity to seek and appoint appropriate and credible Real Estate Agents in the market place through a Co-Agency Agreement
  • Real Estate Advisory Function will work with the Church entity to seek Marketing Submissions be obtained from at least two (2) credible Estate Agents in relation to the sale of the property
  • Real Estate Advisory Function will negotiate sharpened Sales Agent Commission Rates and Advertising Schedules Rates on behalf of the Church entity
  • Real Estate Advisory Function will oversee the Sales Process, giving advice to the church Entity as required

We understand that there is a wide range of skill sets within the Congregations, Agencies and Church entities, along with utilising those skills we believe that with the added assistance and direction provided by the Real Estate Advisory Service this will ensure that all property transactions are carried out on a commercial platform, ensuring a quality service and achieving the best possible result for the Church.

Building and Maintenance and Minor Works

If the congregation has cash on hand for works up to $50,000 and a building permit is NOT required, then the congregation can proceed without Property Board approval for a permit, provided that the appropriate Presbytery processes and approvals are followed.

If the project requires access to Property Sale Proceeds, a grant and/or a loan then refer to the process for minor works (<$1m).  

The following building approval limits have been set and approved by the Synod.  


Works Requiring a Building Permit
​Cost of works ​Funding Source ​Approval Required
​Any amount ​Fully funded by the congregation of by property sale proceeds or loan ​To be approved by the congregation, presbytery and PART on behalf of Property Board

Works Not Requiring a Building Permit, use of sales proceeds/grants/loans or formal building contracts
​Cost of works ​Funding Source ​Approval Required (for works not requiring a Building Permit)
​Up to $10,000 ​Fully funded by the congregation ​To be approved by the congregation
​Over $10,000 and up to $20,000 ​Fully funded by the congregation ​To be approved by the congregation with presbytery to be advised prior to work commencing
​Over$20,000 and up to $50,000 ​Fully funded by the congregation  ​To be approved by the congregation and presbytery
​Over $50,000 ​Fully funded by the congregation ​To be approved by the congregation, presbytery and PART on behalf of the Property Board.

As part of the OH&S Policy, the Uniting Church require that all contractors working on or at Church facilities undertake an Online Health & Safety Induction Training Course and read and sign the contractor and tradesman handbook prior to entering UCA facilities or commencing work.  
Please arrange for ALL relevant staff/workers to undertake the induction & read and sign the handbook prior to their next visit.​Contractor Online Induction Course
Contractor Handbook

Facilities Management and Maintenance 

Ongoing maintenance and effective facility management is crucial to the longevity of UCA Assets, it is also imperative to ensure essential services maintenance is also carried out in order to meet the Church’s legislative obligations and minimise risk to the property user.

Property Services are available to work with Church entities in the areas of Asset Management, Facilities Management and Essential Services planning. This includes the development and preparation of an Asset Management Plan, scheduled maintenance planning and annual Essential Services audits.

For further information, guidance or assistance around Facilities Management and Maintenance, please contact Property Services:

​Telephone: 03 9251 5949

Email: property@victas.uca.org.au​

Asset Management Services 

Property Services can provide additional asset management services to determine the ongoing use and best practice around the UCA assets.

These services vary depending on the level of complexity with a specific property and/or asset. Asset Management services;  may include:​

  • Reviewing asset and investment strategies (incl. investigating development opportunities)
  •  
  • Identifying viable development options that are in line with mission requirements
  •  
  • Assisting congregations and agencies by providing the tools to make informed decisions about the current use and/or options around the future of their property assets
  •  
  • Financial Assessments/feasibility analysis for alternative options (incl. market analysis, development brief compilation, cash flows, funding/bankability, concepts)
  •  
  • Managing the development delivery process including sales, planning permits, project design/documentation, funding, construction, liaising with authorities and handover.​
Purchasing Property  Buying a Property 

Property Services has a dedicated and experienced team of property professionals, who have been involved in the purchase of countless properties, both on behalf of the Church and in the commercial and not-for-profit arena.

The Property Services Team provide the following services to all Church entities: advice on the purchase process - including acquisition feasibilities, negotiations and property sourcing.

Outlined below are some key points to consider when purchasing Property:

Checking the Title 

Are there any covenants/caveats on the title? 
A covenant is a restriction on the property and may affect the sale or purchase. A caveat is a warning that there is another party with an interest in the property; both of these items will require further investigation.

Are there any Section 173 Agreements?
A section 173 Agreement, is an agreement between the landowner and another party for something to be done. Common agreements are for landscaping, limitation on subdivisions and services to the property.

Are there any registered leases?
Until recently leases of commercial property were registered with the Land Titles Office and noted on the title of a property, leases may also be registered by caveat. 

Is the land within a Growth Areas Infrastructure Contribution (GAIC) area? 
If there is a GAIC notice on the title, refer to Synod Legal for advice as to whether GAIC is payable on the transaction.

Checking the Plan of Subdivision 

Are there any easements affecting the land? 
An easement grants a right to another party to do something on your land, common types of easements are easements of way that allow a neighbour to cross your land to access their own land, or easements for services such as electricity, sewerage and water.

Are there any services shared with a neighbouring property?
There may be power lines crossing the property that service a neighbour or a shared substation or shared sewer lines, while this will not necessarily impact the purchase, it is important to note in case of maintenance requirements or development of the land in the future.

Is a survey required to confirm the title boundaries?
This may have been completed by the Vendor if not; it is a good idea to obtain a building survey.

Checking the Zoning and Overlays 

The zoning and overlays relating to a property can be viewed on the Land Channel website by searching with the address of the property:
http://services.land.vic.gov.au/landchannel/jsp/map/PlanningMapsIntro.jsp​

What is the property zoned?
The zoning of the property will affect how the premises can be used or developed. It is important to ensure that the property is appropriately zoned for the intended use. If it is not, a planning permit may be required to allow the use or to rezone the property entirely. A planning permit for use can take up to three months to process and a rezone can take up to two years depending on the zoning and the council. 

Are there any overlays that may affect the property in the future, for example a public acquisition overlay? 
Overlays may affect how the property can be used or developed or even renovated. Public Acquisition Overlays are a notice that the government intends to compulsorily acquire part of the land at some time in the future; this will affect the value of the land and potentially the use. 

Vacant Possession 

Is the property leased?
If yes, is there a current lease on the property? If the property is leased and the lease is within the fixed term, the lease will transfer with the sale meaning that the property will be purchased with a tenant. The tenant cannot be asked to leave until the end of the fixed term of the lease.
If there is a tenant but no current lease, a notice of termination can be issued to allow for the property to be vacant on settlement. 

Checking the Contract 

The agent or Vendor will provide you with a Contract of Sale and Section 32 Vendor’s statement; these will need to be checked by Synod Legal however things to look out for are:

Contract of Sale

  • Special conditions for settlement
  • What is included in the sale?
  • Is anything to be excluded?
  • Are there any penalties or liabilities for delays in settlement?

Vendors Statement - Section 32

  • Any covenants or easements noted
  • Any leases noted
  • Current rates
  • Any notices of acquisition

Surveys;

  • Confirm the title boundaries are correct
  • Confirm the building complies with all relevant legislation
It is important to ensure that the buildings you are purchasing are structurally sound, have been built in accordance with the relevant permits and are free from termites and other insects and pests. To do this you should arrange for a Building and Pest inspection.
When reviewing the reports look for:
  • Any required maintenance
  • Any recent work and confirm that the work was carried out in accordance with any permits
  • Ensure there are permits for any alterations
  • Evidence of termites or other insect infestations
Property valuations and appraisals will assist in determining the correct price for a property. A valuation is carried out by registered valuer and is a sworn valuation therefore this can be relied upon as an accurate representation of the value.  An appraisal is an estimate of the value usually carried out by a real estate agent, it is an estimate only and cannot be relied upon for accuracy. 
 

Specific Types of Purchases 

In addition to the items listed above there are particular things to look out for depending on the type of property you are purchasing.

Types of property you might be purchasing are:
  • A residential house
  • A residential apartment or townhouse with a body corporate or owners corporation
  • A commercial premises
  • A commercial premises with a body corporate
  • Vacant land

Purchasing Residential Property 

Is the property to be used as a Manse?
If the property is being purchased to be utilised as accommodation within the UCA it is important to investigate the standing of any lease agreements. It is also important to ensure that the property complies with Synod manse regulations. 

Is the property currently tenanted? If yes, is there a current lease?
If there is a current lease in place the premises cannot be given with vacant possession, the lease will transfer with the purchase of the premises and the tenant cannot be asked to move out until the fixed term of the lease has ended. You should also check the status of the bond and get confirmation that it has been lodged with the Residential Tenancies Bond Authority.

Is the property a unit or townhouse? If so, is there an Owners Corporation?
An owner’s corporation (formerly body corporate) manages the common property of a residential, commercial, retail, industrial or mixed-use property development. A fee is generally payable for this service.

If the property has an owners corporation, an Owners Corporation Report should be obtained. This report details any planned maintenance to the building as well as any major renovations.

The Owner’s Corporation By-Laws should be reviewed to determine what is covered by the OC and what the responsibility of the owner is.

If the property is strata title, a strata search should be carried out to ensure there are no pending or current issues, such as outstanding warranty claims. 

Purchasing a Commercial Premises 

Is the property an investment or is it to be used by the congregation?
If the premises are to be used by the congregation the status of any tenancy will need to be checked. If the premises are leased, the lease will need to be reviewed to see if there is an early termination clause.

Is the property tenanted?
If the premises are to be used as in investment, is there an existing tenant? If so, are they currently under a lease. 

Is there a managing agent for the lease?
If there is a current managing agent for the premises, do you want to continue using this managing agent or appoint a new one? If a new one is to be appointed this should be done before settlement so that there can be an agents hand over on the settlement date.

Is there a security deposit or bank guarantee?
The lease will state whether a security deposit or bank guarantee was paid at the commencement of the tenancy. It may also state how this deposit was to be managed. It is essential that any bank guarantee or deposit be transferred on settlement. 

Is a transfer of lease required?
While most leases will transfer on assignment, there may be a requirement within the lease for Deed of Transfer to be completed on the sale of the premises. Synod Legal will be able to advise if this is necessary. 

What insurance is required, can you arrange this before settlement?
There are various insurance policies required under a commercial lease that may not be covered by the Synod’s Insurance policy; this should be verified with the Synod Insurance department, prior to settlement.

Purchasing Vacant Land 

Is the land within a Growth Areas Infrastructure Contribution (GAIC) area? 
Are there any existing services to the land?
If there are no existing services, the cost of installing services will need to be factored into the development cost. There may be a Section 173 on the title detailing how the services are to be installed or limited the sale of the land until the services are finalised.

Are there any services shared with a neighbouring property?
There may be power lines crossing the property that service a neighbour or a shared substation or shared sewer lines, while this will not necessarily impact the purchase, it is important to note in case of maintenance requirements or development of the land in the future.

Does the land require subdivision?
If the land needs to be subdivided prior to settlement, who pays for the planning permits, surveys and installation of services?

Environmental/Contamination Audits 

An environmental audit should be conducted to check the land for any contamination. When purchasing land, the liability for contamination passes to the purchaser and any contamination found may need to be cleaned up. A desktop audit is usually sufficient to test the likelihood of contamination, if it is found that contamination may be a present a full audit with soil samples will be required. 

Stamp Duty 

Purchases may trigger a stamp duty liability, more information can be found on the State Revenue Office website.

 

Selling Property 

​Property Services has a dedicated and experienced team of property professionals, who have been involved in the sale and disposal of countless properties, both on behalf of the Church and in the Commercial arena.

Property Services Team, provide assistance to all church entities around the divestment process, including appointing a professional consultant (agent, valuer, etc), negotiation of consultant’s rates, marketing campaigns, advice on method of sale, negotiation of sale.

The Property Board have introduced the Enhanced Governance Process for Disposal of Church Property/Asset Sales in order to achieve the best possible outcome for church entities, working within a best practice framework; the following points outline the process: 
  • ​Any Property/Asset Sale in excess of $500,000 is to have a co-agency agreement with the Real Estate Function at Property Services 
  • Real Estate Advisory Function will work with the church Entity to seek and appoint appropriate and credible Real Estate Agents in the market place through a Co-Agency Agreement
  • Real Estate Advisory Function will work with the church Entity to seek Marketing Submissions be obtained from at least two (2) credible Estate Agents in relation to the sale of the property 
  • Real Estate Advisory Function will negotiate sharpened Sales Agent Commission Rates and Advertising Schedules Rates on behalf of the church Entity
  •  
  • Real Estate Advisory Function will oversee the Sales Process, giving advice to the church Entity as required
For further information please contact property Services:
Telephone: 03 9251 5949

Outlined below are some key points to be aware of and to consider, when disposing of property:

Owner Building Requirements 

  • Was the property built by the UCA? 
  • If yes, was it built within the last 6years and 6 months?
  • If yes, you will be required to provide a defects inspection report from a registered builder and take out Domestic Building Insurance. 

Valuations 

To set the sale price you will need to have an idea of what the property is worth. This can be done by valuation or appraisal. A valuation is carried out by registered valuer and is a sworn valuation and can be relied upon as an accurate representation of the value.  An appraisal is an estimate of the value usually carried out by a real estate agent, this is referred to as a Market Appraisal or Market Opinion, it is an estimate only and cannot be relied upon for accuracy, an agent’s appraisal should be supported by a minimum of six (6) comparable sales in the area. 
 

Choosing an Agent 

When choosing an agent there are a few things to consider:
  • The agents knowledge of the local property market
  • Whether the agent has a conflict of interest with the Church 
  • Reviews or recommendations for the agent, are they reputable? – try putting their name into Google to see if others have left feedback
  • Do you think you will be able to get along with them? What is your level of comfort with the agent? You will have to work closely with the agent so it is important that you can work well together
  • The fee that they charge for commission and advertising, including any extra fees
  • Whether the agreement is a sole agency agreement and if so what is the period of exclusivity
  • The marketing strategy used by the agency, have they sold similar properties recently?
  • Ask the agent if they have a list of prospective purchasers that they can contact immediately.
  • How many open for inspections will be held and when?
  • The estimated selling price, how does this compare to the valuation?
  • Shop around, it is fine to have several agents provide an appraisal and proposal for sale, you can then choose the one you are most comfortable with. 

Auction, Private Treaty and Expressions of Interest 

There are there ways to sell most property, by auction or by private sale, the main differences are:

At a public auction:
  • Price is determined by competitive bidding between prospective buyers present.
  • The contract is unconditional. The buyer cannot make it subject to conditions such as finance or inspection.
  • There is no cooling-off period.
  • There will be additional costs like the cost of the auctioneer/auction programme.
In a private treaty:
  • You negotiate with a buyer to agree on a sale price, with an agent’s assistance (if you have engaged one).
  • The contract of sale can be conditional. With your approval, the buyer can make the sale subject to obtaining a loan, a satisfactory building inspection report, or other conditions.
  • Depending on the nature of the property and the terms of sale, the buyer may be entitled to a cooling-off period, from time of exchange of contracts (with exceptions). 
In an Expression of Interest (EOI):
Purchasers are invited to make an offer to purchase by a particular date. Purchasers submit a written proposal that includes:
     
  • The purchase price.
  •  
  • Conditions of the sale, settlement date, finance and inclusions and exclusions.
  •  
  • Proposed use of the property
  •  
 
At the closing date, the EOI’s are reviewed and if there is an offer that meets the vendor’s expectation, contracts will be prepared.

 
The purchase prices in submitted EOI’s cannot be discussed with other purchasers.

 
When choosing an agent, they should provide advice as to which method is likely to be the most effective for the property. Ask the agent to show you recent sales of similar properties and how they were sold, for you to compare.   
 

Contracts of Sale 

A contract for sale and Section 32 Vendors Statement will need to be prepared before the property can go on the market. Synod Legal will be able to assist with this.

Build, Pest Reports and Surveys 

Prospective purchasers may wish to have Building and Pest reports and a survey carried out before exchanging contracts, alternatively, the contracts can be exchanged subject to the reports being completed and not returning an unsatisfactory result. These will be conducted at the purchaser’s expense. The contract for sale will detail the process to follow should a report come back with an issue and the purchaser decides not to proceed with the purchase.
 

Leasing Property (Residential, Commercial and Retail) 

Leasing property as the Lessor or the Lessee (Landlord/Tenant) can become a complex and costly process if not managed correctly from the beginning. Property Services acknowledges this, and for this reason we have outlined points to consider prior to leasing a property.
There are various types of Lease agreements, depending on the style, nature and use of the property. The appropriate agreement should be identified prior to proceeding with any lease negotiation; Property Services can provide assistance and guidance in the area of Leasing, Lease negotiations, as well as the appropriate type of agreement that should be used.

 
All Lease documents, Heads of Agreements, Licence Agreements and Residential Tenancy Agreements must be in the name of the Property Trust - not in the name of the church entity. 
Below is some general information on the various types of Lease agreements. Should you be considering Leasing a property, either as a Tenant or Landlord.

 
P​lease contact the Property Services Team to discuss the options available.  
Telephone: 03 9251 5949

 

Licence Agreements
A Licence Agreement should be used where another person or organisation wishes to have occasional non-exclusive use of church property. It should be used even if the property is only required for one occasion. A licence is usually of a commercial nature, it allows someone to use your premises or land for a purpose. E.G. a farmer may graze cattle on an unused paddock. 

 
 
The maximum term for a licence agreement is 12 months but it can be renewed for a further term by mutual agreement. This ensures that all licences are reviewed at least once a year. The agreement is provided by the Uniting Church entity to the User (hirer). An agreement template is available for your use. Before the entity completes an agreement it must go through the standard License Agreement process, ensuring that PART approval is in place. 
The Church's Public Liability Insurance coverage and requirements should be confirmed with the Synod Insurance Department in each instance of a proposed Licence Agreement.

 
A lease is a contract between a Landlord and a Tenant granting the tenant the exclusive use of a defined area for a set period of time. Leases can fall into three categories: Residential, Commercial and Retail. All have different requirements and Acts that need to be complied with. See the Lease Types section for more information.

This is the standard Lease document to be used for Manses or other residential property for the sole use as an individual (or family) residence, not a business, shop, op-shop or offices.  The Residential Tenancy Agreement is a set pro-former document and is governed by the Residential Tenancy Act. The maximum term for a Residential Tenancy Agreement is 12 months.

 
Property Services advises congregations to engage a real estate agent to manage the residential leasing of manses/ residential properties. Residential leasing requires compliance with the Residential Tenancies Act and expertise in this area is best provided by an agent. Please contact Property Services prior to approaching an agent, as we are able to provide advices around the fee expectation and negotiations of such.

 
All Residential Management Agreements are required to be in the name of The Uniting Church in Australia Property Trust (Victoria) or (Tas.). The Property Trust is the legal body for executing documents on behalf of the Church, and all legal documentation including Residential Tenancy Agreements are required to be signed by a member of the Property Trust. Before documentation can be signed by the Property Trust an Application to Lease must be approved by the Property Application’s Review Team. 

Commercial Leases

When looking for commerc​ial or retail space to lease it is important to know the terms and conditions and what is included up front. This will then enable you to negotiate effectively. 
 
Green Lease information - If you are leasing office space over 2000sqm, there is a requirement to provide a disclosure statement that shows the NABERS rating of the premises. 
 
For further information around Green Leases please refer to http://cbd.gov.au/​ 

 
All commercial or retail leases must follow the standard Application to Lease process to ensure that PART approval is in place.

 
 

Retail Leases

 
 
The Victorian Small Business Commissioner provides information on retail leasing requirements under the Retail Leases Act. Failure to comply with the requirements of the Act may void the lease. Synod Legal are able to assist with any other questions you may have. All retail leases must follow the standard Application to Lease process to ensure that PART approval is in place.

When considering leasing a property the following questions should be considered:
  1. What size are the premises?
  2. Do they include car spaces, plant and equipment and any fixtures and fittings?
  3. Is this a commercial or retail lease?
  4. If this is a retail lease, do you have a copy of the disclosure statement?
  5. Who owns the premises? It is advisable to obtain a title search.
  6. Are there any parties other than the landlord and tenant who need to be involved with the Lease?
    For example: If the tenant is a corporation, should its directors provide personal guarantees? Does the mortgagee need to consent to the Lease?
  7. What is the length of term of the Lease?
  8. Is the tenant to be given an option?
  9. What is the rent, when is it to be paid and how is it to be paid?
  10. When is the rent to be reviewed and how is it to be reviewed?
  11. Is the Landlord offering any incentives – rent free periods, contribution to fit out?
  12. What other expenses or payments are to be made by the tenant?
  13. Is GST payable?
  14. Is the tenant to reimburse the landlord for outgoings – rates and taxes, insurance, cleaning
  15. Is a Bank Guarantee or a Security Deposit required?
  16. In what circumstances is the tenant able to assign the Lease or sublease the premises?
  17. What are the obligations of the tenant in relation to repair and maintenance of the premises, and when must the tenant redecorate the premises?
  18. What items are to be insured by the tenant?
  19. What other types of insurance is the tenant required to take out?
  20. What is the zoning of the premises?
  21. What is the permitted use of the premises?
  22. Is a planning permit required?
  23. Do the premises require fit out?
  24. Are there sufficient services for staff or other users?
 
Office space:
All of the above plus
  1. Is a commercial building disclosure statement required?
  2. Are there restrictions on after hours air-conditioning?
  3. Are the premises over 2000sqm?
Important things to note:
  1. All lease contracts must be reviewed by Synod Legal Department and signed by the Authorised Signatories within the Synod.
  2. The Synod Insurance Department will need to be consulted regarding insurance policies that may be required under the lease.
Important dates to note once the lease is signed
  1. What is the expiry date?
  2. How much notice is required to extend the lease?
  3. How much notice is required to terminate the lease?
  4. What are the redecoration dates?
When leasing out property owned by the Church:
  1. Are you going to use the services of an Agent to find a tenant?
  2. Are the premises commercial, retail or residential? 
  3. Does the Agent have experience with this type of property?
  4. Is the whole premises being leased or just part?
  5. How long are the premises available?
If the premises are commercial or retail:
  1. What are the outgoings?
  2. Are these going to be charged to the tenant?
  3. What is the zoning of the premises?
  4. Is the proposed use allowed?
  5. Is the tenant required to have insurance? If so, how much?
  6. Will the tenant be required to reinstate the premises at the end of the lease? To what standard?
  7. Is an incentive being offered to secure a tenant?
​If the premises are residential:
  1. How long is the lease? The lease can be no more than 12 months at a time.
  2. Are pets allowed?
  3. Is the lease to a government agency? If so are there clauses about renovation if the premises are damaged? 
When considering additional space requirements, resulting in a potential Commercial or Retail Lease, Property Services have a specialised team of Leasing Professionals who are available to negotiate the Lease on the church entities behalf. Prior to lease negotiation the Application to Lease must be approved by the Property Application’s Review Team. 
 
 
Specific terms and conditions of Leases may have a huge bearing on the overall cost of the Lease, therefore it is recommended that the following items be considered, discussed and/or negotiated, via Property Services:
  • Term and option periods
  • Incentives
  • Rental increases Market vs CPI
  • Break Clause
  • Ratchet Clause
  • Out-Goings, including budget and method of calculation
  • Sub-Leasing or assignment of lease
  • Make good obligations

Resources

Residential Tenancy Agreement
Licence Agreement

Property Reviews<

Property Services recommend annual reviews of UCA properties, to be undertaken by the beneficial user of the property.


Theses reviews should include the following areas:
  • Asbestos Auditing
  • Maintenance Schedules and budget
  • Current and future use of the property
  • Planned capital works
  • Long term strategic plan of the property in line with the entities strategic mission direction
  • Current and proposed Missional use
  • Lease management
  • Lease reviews

​Property Services in conjunction with Presbyteries are able to assist advice or facilitate various levels of reporting, assessments and future planning to ensure that the property strategy supports the current needs of the Church as well as the longevity of the Church.

General Property Advice 

Legislative requirements

Given the broad reach property has in our everyday operations with the UCA, we must be mindful of the various Legislative Requirements that come with property.

In order to assist you in monitoring continually changing requirements, we provide links to specific Acts that relate to property, the ongoing use and management of property and the UCA Properties under the ‘Useful Website’ section of the Property services Website.

Property Services work with all UCA entities to ensure that our (whole of Church) obligations are met in order to minimise the church’s exposure to potential liability relating to the set Legislative requirements.

We will continue to monitor, advise and assist in the area Legislative requirements and welcome the opportunity to assist the Church entities in complying with such requirements and/or providing advice and direction where possible.

For further information, please contact the Property Services Team.

Telephone: 03 9251 5949

email: property@victas.uca.org.au​

​Best Practice

The Property Industry is continually changing, with new systems and processes being introduced almost on a daily basis. This is partly due the various requirements, Codes and Acts that must be followed, and also due to the increasing costs associated with holding and using property.

Property Services provide advice around best practice, for property management, property transactions, property maintenance and essential services. 

Heritage

Certain buildings and land owned by UCA are subject to a heritage overlay. A heritage overlay is designed to place controls over modifications to land and buildings subject to an overlay. These can include simple changes to a building’s façade through to the subdivision of land.

         
The State Government maintains planning maps that show the zoning of land and any overlays that have been placed on it, you can view this information at: 

If a property does contain a heritage overlay you can view the relevant details in the schedules to the planning scheme on your local council’s website.

In addition to heritage overlays, properties may be included in the Victorian Heritage Register. The register lists sites of significance to the state of Victoria. The register is maintained by the Department of Transport, Planning and Local Infrastructure. 

You can search the register to check if a property is listed at:

http://vhd.heritage.vic.gov.au/vhd/heritagevic​

Useful Websites 

Buying, Selling and R​enting

Consumer Affairs and the Real Estate Institute both have resources available for purchasing, selling and renting property including checklists and do’s and don’ts. 

​​

Owners Corporations


Stamp Duty
Some purchases may trigger a stamp duty liability, more information can be found on the State Revenue Office website. 

Land Tax​
While most property is exempt from Land Tax, once a property is rented it may trigger a land tax liability. More information can be found on the State Revenue Office website.  

General Property Related Links
The Uniting Church in Australia Act 1977 No.9021 – LINK YET TO BE PROVIDED

Residential Tenancies Act 1997

Residential Tenancies Regulations 1998

Owners Corporation Act 2006

Property Law Act 1958

Transfer of Land Act 1958

Sale of Land Act 1962

Estate Agents Act 1980

Estate Agents (Professional Conduct) Regulations 2008 ​http://www.austlii.edu.au/au/legis/vic/num_reg/eacr2008n46o2008545/
   
Land Act 1958

Crown Land (Reserves) Act 1978

Local Government Act 1989
   
Retail Tenancies Act 2003

Subdivision Act 1988

Planning and Environment Act 1987

Planning and Environment Amendment (General) Act 2013

Various Planning Schemes

Aboriginal Heritage Act 2006

Aboriginal Heritage Regulations 2007

Heritage Act 1995

Victorian Heritage Register

Occupational Health and Safety Act 2004

Occupational Health and Safety Regulations and advice

Building Act 1993

Building Codes and Regulations

Valuation of Land Act 1960

Land Acquisition and Compensation Act 1986

Domestic Building Contracts Act 1995

Fences Act 1968