Property & Development
- Property & Development
Whatever your property needs, it is important to use the services of a lawyer who has the skills, commercial acumen and knowledge to help you. McKays’ property team has extensive, broad based skills in all areas of property law. Without being exhaustive our practitioners are experienced in:
- acting on behalf of developers in relation to the development of large commercial, residential and industrial sites.
- the purchase and sale of commercial, residential and industrial land, including off the plan sales.
- assisting developers and body corporate managers to establish residential and commercial Community Titles Schemes, including preparation and registration of the community management statements for both residential and commercial bodies corporate, preparation and registration of Building Management Statements, preparation of Caretaking and Letting Agreements and Body Corporate Management Agreements.
- Advising developers and Councils on development and other applications and advising on infrastructure charges and agreements and planning appeals;
- acting for landlords and tenants in all forms of commercial, retail and residential tenancy lease negotiations and documentation.
- property law disputes, including resumption work.
- negotiating commercial property transactions of all sizes, including the acquisition and sale of shopping centres, commercial buildings, hotels, motels and industrial property
Our team can help you every step of the way during a commercial conveyance, from drafting the contract, negotiating terms and carrying the matter through to settlement.
When purchasing commercial property, we will ensure that you:
- are fully informed of your contractual rights and obligations, including any rights you may have to terminate the contract;
- are aware of your rights and obligations under any government requirements, leases or service contracts;
- will know what your costs are including stamp duty, legal fees and other associated expenses; and
- have access to an expert team who can help you carry out appropriate due diligence investigations on the property.
When selling property, our team will:
- advise you of your disclosure obligations with respect to the property and any leases or service contracts;
- ensure the contract is structured to minimise any GST and other tax liabilities (based upon the specific advice of your accountant or financial planner);
- let you know your position with regard to any continuing rights and liabilities and obtain all appropriate indemnities from the purchaser; and
- offer to review your remaining asset structures to protect your wealth and the proceeds of sale for future use.
We can also assist you with buying and selling residential houses, land and units see our Residential Conveyancing services for further information.
Property Development and Town Planning
Our planning and development lawyers strive to work collaboratively and in conjunction with your other specialist consultants (such as your town planner, surveyor, engineer and accountant) to provide you with prompt technical and common sense advice from a ‘legal perspective’ for your matter (either as a developer or a submitter).
The McKays team can assist you with:
- understanding complex titling and tenure issues;
- advising on Council Development Approval conditions,
- attending to the registration of survey plans, preparation of master off the plan sales contracts and conveyancing of individual sale files,
- preparing and negotiating the terms of land use documents such as easements and covenants;.
- town planning appeals and applications to the Planning and Environment Court, either as a developer or submitter;
- environmental law issues;
- the purchase and sale of development sites for residential, commercial and industrial purposes;
- lodging development applications with local authorities residential and commercial development;
- making submissions to local authorities about development applications lodged by third parties.
- understanding infrastructure charges and negotiating infrastructure agreements; and
- establishing community title schemes and addressing body corporate issues;
Our property team is well equipped in assisting both landlords and tenants in all aspects of commercial leasing.
- advising on your rights and obligations as a landlord or tenant, including compliance with requirements of the Retail Shop Leases Act;
- preparing and negotiating lease terms and conditions;
- advice regarding the permitted and lawful use of premises;
- advice of defaults by tenants and issuing notices to remedy
- advice on termination of leases and taking action to re-enter the premises.
- assisting with rent reviews on an annual basis; and
- the exercise of option terms.
Why Choose Us?
We pride ourselves on delivering timely practical advice and assistance to all clients. Our dedicated team is well equipped to assist across a broad range of property matters. Whether it relates to commercial and industrial property, subdivisions, rural transactions, community title schemes or town planning matters, McKays will be able to assist you.
Whether you are a landlord or a tenant, we are all interested and impacted by rental increases – it just depends on your perspective. Most non-residential leases (e.g. leases of retail shops, industrial sheds and office buildings) have a mechanism to review the rent each year during the term..