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Sample Review — 61 Coppin Street, Malvern East

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61 Coppin Street, Malvern East VIC 3145
61 Coppin Street, Malvern East VIC 3145

61 Coppin Street, Malvern East VIC 3145

Contract of SaleVictoria64 pagesReviewed 3 Apr 2026
Overall Risk: HIGH
4 critical issues · 11 moderate · action required
15
Title
Lot 1 on Title Plan 566873Q, Volume 03902 Folio 245 (Torrens freehold)
Zoning
Neighbourhood Residential Zone — Schedule 2 (NRZ2)
Overlays
🔴 Heritage Overlay HO133; Development Contributions Plan Overlay (DCPO1); Special Building Overlay (SBO) noted in vicinity but not on subject land
Easements
Not disclosed⚠️
Covenants
Not disclosed⚠️
Critical risks — act before proceeding
Swimming Pool is Unregistered and Has No Barrier Compliance Certificate — All Cost and Liability Transferred to You
Critical
Plain English

The pool isn't legally registered, the safety barrier hasn't been certified, and you'll inherit the entire problem — including any rebuild costs.

Impact on you

You'll be legally responsible for registering the pool with Council, commissioning a licensed pool barrier inspector, and paying for any rectification works. If the barrier fails inspection (likely given the gazebo removal), costs can be substantial. You also indemnify the vendor for any penalties.

What to do

Before signing (or before auction), engage a registered pool barrier inspector to assess the pool fence and surrounds at this property. Get a written quote for any rectification likely to be required. Factor this into your purchase budget. At auction, this assessment must be completed before bidding.

Special Condition 18 (Material Fact Disclosure) and Special Condition 10 expressly disclose that the pool is NOT registered with Stonnington Council and that no inspection has been carried out to confirm the barriers comply with the Building Regulations 2018. The vendor then transfers ALL compliance costs to you and requires you to indemnify the vendor against any non-compliance.

This is the textbook Critical pattern: vendor names a known non-compliance, then strips your recourse. Pool barrier compliance can be expensive — barriers may need to be rebuilt, landscaping altered (including tree removal — which on a heritage property may itself require a heritage permit), and Council registration and inspection fees paid. The 137B owner-builder report also confirms a "gazebo within the pool enclosure" was removed by the owner-builder, which may have affected the barrier configuration.

Owner-Builder Works Within Last 6.5 Years — No Permit, No Final Certificate, No Warranty Insurance
Critical
Special Condition 1(b)(x) — Mandatory 10% Deposit Forfeiture (Not Discretionary)
Critical
No Finance Clause — You Have No Right to Exit if Finance is Declined
Critical
Heritage Overlay HO133 — All External Works Require Permit; Compounds with Pool Compliance and Owner-Builder Risk
Critical
Moderate concerns — review with your solicitor
Special Condition 1(b)(ii) — Encumbrance Clause Expanded to Include "Implied and Statutory Easements"
Moderate
Yarra Valley Water Asset Plan Provided But Not Examined Here
Moderate
Special Condition 7 — Vendor Disclaims Boundary, Encroachment, and Compliance Warranties
Moderate
Special Condition 9 — Broad "As Is" Acceptance and Removal of Compensation Rights
Moderate
Special Condition 14 — Windfall Gains Tax Liability Transferred to Purchaser
Moderate
Special Condition 1(b)(iv) — Vendor May Disconnect Services Before Settlement
Moderate
Special Condition 15 — Default Costs Include Vendor's Land Tax Liability
Moderate
Special Condition 8(b)(i) — Entire Agreement / No Reliance on Representations
Moderate
Special Condition 12 — Solar Panels Excluded from Warranty (If Present)
Moderate
General Conditions 31.4, 31.5, 31.6 Deleted — No Holdback for Damaged Goods at Settlement
Moderate
What's in order — no action required
Vendor Statement (Section 32) Provided and Signed
Clear
ATO Foreign Resident Capital Gains Withholding Clearance Certificates Provided
Clear
Property Not in Designated Bushfire Prone Area
Clear
Property Not Subject to Flooding from Melbourne Water Drainage System
Clear
Land Tax Cleared at $0 (Current Vendor PPR Exemption)
Clear
Council Rates Disclosed and Current
Clear
Title is Clean Torrens Freehold with Standard NAB Mortgage
Clear
No Owners Corporation
Clear
Negotiation recommendations — discuss with your solicitor
Restore Standard Deposit Forfeiture Wording (Critical)
Moderate
Add a Subject-to-Finance Special Condition (if Private Sale)
Moderate
Require a Pool Barrier Compliance Certificate at Vendor's Cost Before Settlement
Moderate
Reinstate Standard Holdback for Damaged Goods (GC 31.4–31.6)
Moderate
Restore Standard Encumbrance Wording in GC 5.1(a)
Moderate
Require Vendor to Provide Structural Engineer's Certification for Internal Wall Removal
Moderate
Questions for your conveyancer
Is this contract being offered for sale by auction, and if so, what does that mean for my rights?
Moderate
Is the Heritage Overlay HO133 a local-only listing, or is the property also on the Victorian Heritage Register?
Moderate
What does the Yarra Valley Water Asset Plan show — is there a sewer or drainage main running under or close to the building, the pool, or any extension footprint?
Moderate
What is my realistic stamp duty and ongoing land tax exposure if I purchase as an investor or non-PPR?
Moderate
Was Owner-Builder Warranty Insurance required for the works disclosed in the 137B report, and if so, does it exist?
Moderate
Planning Overlays & Restrictions

Heritage Overlay HO133

HIGH

Planning Certificate (Reference 1222976, 10 February 2026); Stonnington Planning Scheme.

What it means

The property is recognised as having local heritage significance under the Planning and Environment Act 1987. Works affecting external appearance require a planning permit from Stonnington Council.

Council rules

Stonnington Council requires a heritage planning permit under Clause 43.01 for: demolition (full or partial), external alterations, additions, new outbuildings, front fences, painting of previously unpainted surfaces, and removal of significant trees. Internal works generally do not require a permit.

Impact on you

Future renovations, extensions, and even some maintenance will require permits. Heritage architect engagement may be necessary. Permit timelines can run 3–6 months. Some lenders apply specialised security treatment to heritage properties.

Neighbourhood Residential Zone — Schedule 2 (NRZ2)

MEDIUM

Planning Certificate; Stonnington Planning Scheme.

What it means

NRZ2 is a restrictive residential zone designed to limit development and preserve neighbourhood character. Schedule 2 typically restricts the number of dwellings on a lot and imposes building height controls.

Council rules

Stonnington's NRZ2 schedule should be reviewed for specific requirements — typically two dwellings maximum per lot, height limits around 9 metres, and specific setback requirements.

Impact on you

Subdivision and dual occupancy/multi-unit development are restricted. If you intended to develop, the property is unlikely to support it. Single-dwelling renovation is the realistic envelope.

No Easements or Covenants Disclosed on Title

MEDIUM

Register Search Statement (Title 3902/245) and Title Plan TP566873Q.

What it means

The Register Search Statement records no easements or restrictive covenants on title (other than the NAB mortgage to be discharged). The Title Plan should be reviewed visually for any easement markings — visual review of the Title Plan diagram has not been possible in this analysis. The YVW Asset Plan should be examined for any easements registered against utilities.

Impact on you

Provisionally clear, but Special Condition 1(b)(ii) expands your acceptance to include unregistered/implied easements. Have your conveyancer confirm the title plan and YVW asset plan show no easements over the building footprint.

Development Contributions Plan Overlay — Schedule 1 (DCPO1)

LOW

Planning Certificate; Stonnington Planning Scheme.

What it means

Development on the property may attract a development contributions levy payable to Council to fund infrastructure.

Council rules

Levy is triggered by specified development types — typically subdivision or new dwelling construction. Confirm with Stonnington Council the applicable contribution rate at the time of any future development application.

Impact on you

No impact for ordinary occupation. Any future development application will need to factor in DCP contributions.

Special Building Overlay (SBO) — In Vicinity Only

LOW

Planning Property Report — SBO appears in vicinity but not on subject land.

What it means

SBO indicates a flood/drainage management area. The subject property is NOT within the SBO based on the Planning Property Report.

Impact on you

No direct impact, but consistent with the broader area being managed for drainage. Council Land Information Certificate confirms property not liable to flooding.

Cost Analysis
Upfront Costs (excl. purchase price)
$5,466
Total Ongoing (Annual)
$5,032
Total First Year
$10,498
CategoryAmountTypeDetails
Stamp DutyCalculate using the State Revenue Office calculator at sro.vic.gov.au at the contract price. PPR concession may apply if you'll occupy; first-home concessions may apply if eligible. Foreign purchaser surcharge (8%) applies if relevant.One-timePayable at settlement
Legal/Conveyancer FeesGet quotes — varies by provider and complexityOne-timeFor due diligence and settlement
Building & Pest InspectionGet quotes from licensed inspectors before signingOne-timeEssential given the "as-is" Special Conditions and disclosed owner-builder works
Structural Engineer's InspectionGet a quote from a registered structural engineerOne-timeEssential given the unpermitted internal wall removal
Pool Barrier InspectionGet a quote from a registered pool barrier inspectorOne-timeEssential before signing — pool is unregistered and uninspected
Title Re-Establishment SurveyGet a quote from a licensed land surveyorOne-timeRecommended given Special Condition 7 (vendor disclaims boundary warranty)
Heritage Architect Pre-Feasibility (if renovations planned)Get a quote — varies by scopeOne-timeOptional; recommended if you plan future external works under HO133
Council Rates AdjustmentApportion at settlement from the disclosed $5,032.10 p.a.One-timeBased on settlement date
Water Service AdjustmentApportion at settlement from disclosed YVW charges (~$433.68 per quarter)One-timeBased on settlement date
Council Rates$5,032.10 (2025/26 indicative; rates rise annually)RecurringStonnington City Council
Water Service & UsageApproximately $433.68 per quarter based on disclosed YVW usage; usage variesRecurringYarra Valley Water
Land Tax — if PPR$0RecurringExempt if this will be your primary residence
Land Tax — if investment / non-PPRIndicative single-holding figure on PCC: $23,400 p.a. (calculated on $2,500,000 SV). Calculate your actual liability via sro.vic.gov.au using your total Victorian landholdingsRecurring⚠️ Applies if NOT your primary residence
Vacant Residential Land Tax — if vacant 6+ monthsIndicative single-holding figure on PCC: $33,500 p.a. (1% of CIV $3,350,000)Recurring⚠️ Applies if property is vacant for more than 6 months in a calendar year
Pool MaintenanceGet quotes — varies by pool size and service frequencyOne-timePlus barrier compliance maintenance
Building InsuranceGet quotes — heritage status may affect premiumRecurringRequired from contract date (lender requirement)

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