The Local Government Act 2009 and Local Government Regulation 2012 allow council to conduct sale of land for overdue rates and charges proceedings. The process that council undertakes is in accordance with the legislation.
Where a property meets the below criteria, a report will be presented to council for consideration to proceed with sale.
- Residential properties with rates and charges outstanding for three (3) years or more; and
- Vacant and commercial land with rates and charges outstanding for one (1) year or more where judgement has been obtained.
Council may then resolve to issue a notice of intention to sell the property, to the registered owners, mortgagees and interested parties.
If rates and charges remain unpaid for a period of three (3) month, council will issue a notice of auction to the registered owners, mortgagees and interested parties. The property will be sold by public auction that is advertised in the CQ News, Courier Mail, on council’s website and at each affected property.
Properties are sold with the following conditions:
- the property is sold “as is”, meaning no building or pest inspection can be undertaken by the potential purchaser;
- no physical viewing of the inside of the property can be carried out; and
- all properties will be sold subject to any mortgage, lien, bill of sale, caveat, judgement, writ or other charge, agreement or process registered against or in any way affecting the land in favour of the crown or any crown instrumentality or person representing the crown.
Owners of the property have up until the date of auction to pay their outstanding rates and charges. A list of properties will be available on council’s website up until the day of the auction. If payment is received prior to the auction, the auctioneer will advise the attendees of any properties that will not be auctioned.
Properties for Sale
Central Highlands Regional Council is not presently offering any properties for sale due to overdue rates and charges.