Property.

Break down the steps in any property transaction and you’ll discover a complex sequence that requires an experienced and knowledgeable guide.

From assessing risks, identifying relevant laws and procedures, acting in a strategic, timely and cost-effective manner, negotiating, drafting and scrutinising documents and bringing any potential future issues to light, the list of things to consider would make many baulk.

Yet the Property Team at Chamberlains are seasoned hands at the property game having previously worked in the sector. We can look at any property deal through a legal lens, but with the added benefit to you of our commercial mindset.

Acquisition legal due diligence

When it comes to purchasing property, there’s an important kind of wisdom in ‘knowing what you don’t know’.

It means you probably know that you need to gather and assess information about the property so you’re informed about potential risks, restrictions, and your obligations.

The problem is you don’t necessarily know the type of information you need, where to get it, and how to analyse it.
That’s where Chamberlains steps in. We’ve helped buyers with even highly complex property purchases and our robust due diligence has an impressive track record.

Whether purchasing a development site, a commercial property to occupy, or a multi-tenanted investment asset, our legal fact-finding highlights the risks and potential costs. By accounting for these, you can more accurately calculate yield and be on your way to a successful tenure.

Development & Planning

The Chamberlains’ property team are lawyers who understand business. After all, our team includes former Canberra property developer.

Our understanding of development laws and planning regulations combined with our commercial awareness means that we’re able to give you expert and responsive advice throughout your project’s lifecycle including:

legal due diligence for site acquisition
joint venture structuring and tax planning
planning advice and studies
planning disputes and appeals
project conveyancing
land and construction funding
construction and commissioning
unit titling
defects and owners’ corporation disputes

Project Conveyancing

Conveyancing is a legal process and contracts on small, medium or large developments are affected by a myriad of legislation to be interpreted and followed. That complexity multiplies when coordinating bulk exchanges and settlements and is further complicated by strict timelines.

Experienced lawyers at Chamberlains are best qualified to help you through what seems like a legal minefield, helping you avoid costly errors and settlement risk.

We know the ACT and NSW regulatory frameworks and we’ve acted for government and private developers on large, medium and small-scale developments across urban and rural areas, including high-rises and land blocks.
Be confident and kept in the picture with our simple and comprehensive progress reports that let you see where you are, and more importantly, the impending finish line.

Buying Commercial Property

There’s little doubt that buying into the higher-yielding commercial property market is an appealing proposition for investors and owner/occupiers alike.

There are, however, traps for the unwary. Purchasing a commercial property usually requires a more detailed investigation into the whole transaction.

Chamberlains has acted for individuals, private companies, superannuation funds and institutional investors in their commercial property purchases.

Like our many satisfied (and often repeat) clients, we can help you understand a contract’s principal terms, conduct necessary legal due diligence if you haven’t already done so, and review and negotiate any amendments required to gain you the best commercial outcome.

We’ll also look out for you beyond settlement by structuring the transaction for future tax planning, GST considerations, and asset protection.

Selling Commercial Property

The list of legal issues to consider when selling commercial property appears never-ending: whether the property is subject to a lease or licence, environmental issues, capital gains, GST, renovations, land measurements, chattels and fixtures, confidentiality, restrictions, and easements … you get the picture.

At Chamberlains we can advise you on your obligations, the best conditions and timing, as well as work with you and your agent to respond to buyers’ queries.

With our track record of successful commercial, retail and industrial property sales behind us, we’ve just about seen (and successfully handled) it all.

If you want a smooth, secure transaction that gives you confidence to start thinking about your next project, come and speak with us.

Leasing Out Your Commercial Property

The value of your property is directly tied to the income it can generate. That means a commercial lease is an incredibly important document and setting the wrong terms can cost you dearly.

It’s essential that that you not only have an eye to the market, but a full understanding of how the living lease document can make your situation more favourable.

This is particularly the case when considering elements such as the length of the lease, outgoings treatment, the type of business to lease to, whether to subdivide space, any rent increment terms, or when you might allow property improvements.

Our team’s keen personal interest in property and hands-on experience in asset management and tax planning has made Chamberlains a leading advisor to shopping centre owners, owners in strata or unit-titled buildings, and lessors to Commonwealth, state and local government departments, and industrial facilities.

Leasing Premises for Your Business

Finding and leasing premises from which to operate your business can be a mountain of work and it’s not unusual for business owners to be overwhelmed at how much they have to decipher and consider before signing the paperwork.

For example, as a tenant, you will need to ensure that your lease allows for the type of business you operate. You will also need to be aware of the property’s condition, any mortgages, insurance gaps, bond agreements, whether you may be liable for land tax or other outgoings, maintenance and fit out, and the mechanisms for dispute, among others.

Time spent studying and grasping these significant legal obligations can slow or even derail a leasing process, so it pays to have experienced commercial leasing lawyers from Chamberlains by your side.

We will step you through the practical, regulatory and tax implications of your lease deal and give you clear commercial advice to make the process as hassle-free as possible so you can get on with business.