Property / Development Law
What We Can Do for You
Developing and managing property can be profitable but involves significant risk. There are numerous legal requirements, practical challenges, and regulatory frameworks to navigate.
Likewise, selling your property to a developer carries its own risks, so it’s important to make sure you secure a fair and favourable agreement.
Our team has expertise in property and planning law, conveyancing, contracts, and commercial law, bringing you the legal and practical advice necessary to keep you informed. We can advise on:
Leasing Commercial Premises including Retail Shops
Site Acquisitions and Due Diligence
Registration of Easements
Registering a Plan of Survey
Reconfiguration of a Lot
Sever Joint Tenancy
Encroachments
Sale and Purchase Agreements
Put and Call Option Agreements
Development Structuring
Building Development Agreements
Community Title / Body Corporate Matters including Preparation of Community Management Statements
Construction Contracts.
Want to Know More?
Subdivisions
Subdividing land involves dividing a larger parcel into smaller lots, each with its own separate legal title that can be sold or transferred independently. Subdivisions can be as simple as splitting one lot into two or as extensive as creating numerous lots within a large residential or mixed-use development.
The process of land subdivision is regulated by a combination of laws and regulations (e.g. planning schemes) overseen by local councils and other government agencies. Because subdivision projects can be highly complex, it’s crucial to understand the legal requirements for each development.
Liaising with local councils and other bodies to obtain planning permits etc. can be difficult and time consuming. Engaging experienced professionals—such as solicitors and town planning consultants—is strongly advised to help you smoothly manage the development journey and ensure all legal and procedural requirements are met.
Building Development Agreements
When developing property, a variety of legal structures—like joint property ventures—can be employed. A building development agreement formalises these arrangements by outlining each participant’s contributions, rights, and obligations; allocating risks fairly; and addressing taxation, duties, and other financial considerations. These agreements should be prepared by an experienced property solicitor.
Financing
The majority of property developments rely on financing from lenders, typically secured through a mortgage or other forms of security granted to the lending institution. Developers should seek proper advice when negotiating financing to fully understand potential loan terms and their impact on various phases of the development.
Additionally, it is crucial that company directors who provide personal guarantees under these financing agreements receive independent legal advice.
Due Diligence
Before purchasing property for development purposes, due diligence is carried out to ensure it is appropriately zoned for the intended development. Easements, covenants and other restrictions should be reviewed to ensure they do not pose significant obstacles to the development. Typically, our team advises conducting a comprehensive series of searches and investigations prior to signing a contract.
Contracts for Off-The-Plan Purchases
Off-the-plan purchase contracts must be carefully drafted to consider address potential contingencies and unforeseen circumstances, to support the successful and profitable completion of the development.
Key elements such as completion dates, sunset clauses, and termination provisions require close attention to protect the developer’s interests. At the same time, these contracts must comply with consumer protection laws, disclosure obligations, and other regulations relevant to off-the-plan sales.
Option Agreements
An option deed is a contractual arrangement that grants the right to buy or sell a property within a defined period and under specified terms. These agreements are commonly negotiated between landowners and property developers.
For developers, purchasing under an option agreement locks in a land price, allowing time to secure financing and conduct due diligence before committing to the purchase.
For landowners, option agreements provide flexibility to control when the sale occurs. Such agreements typically incorporate various conditions designed to balance the rights and interests of both parties while reflecting their individual goals and circumstances.