Property Development

Whether you are a first time developer or a seasoned professional, the right legal advice can make all the difference to the success of your property development. Our property lawyers take a "hands  on" approach and provide valuable and practical advice throughout the process. Our property lawyers can assist with subdivisions, off the plan sales and settlements. We work closely with your surveyor, accountant and team of professionals to see your development through to finalisation.  

If you have decided to subdivide land, some of the steps you will need to go through include: 

1. Investigation of property - some properties will have restrictions, such as covenants, that prevent development. This can be established by a simple title search that your lawyer can assist you with. You should also consider speaking with your surveyor and town planner to see if there are any zoning or local government restrictions that may apply and whether the property is suitable for subdivision. 
2. Obtaining a permit - the process of obtaining a subdivision permit and creating the necessary drawings falls within the purview of the surveyor. The surveyor will help you submit the proper paperwork to the local government and get the necessary permits and approvals. Once you have your permit, you can progress with your development.
3. Obtaining approval from authorities - there are several authorities (such as water, roads and telephone), in addition to the local council, who will need to approve your development before it can be subdivided.  Once all the authorities have given their approval, you will be issued  a statement of compliance which allows you to proceed to registration of your plan of subdivision.  There may be certain conditions in your permit that need to be met before a statement of compliance will be issued. 
4. Registration of plan of subdivision - instructing a property a lawyer to register the plan of subdivision at the title office in order to generate new titles is the last step after receiving clearance from the relevant authorities and councils. Our team will participate in this phase to ensure a successful conclusion.

We are often asked to advise clients on property projects. Our property lawyers can walk you through each stage of the process and advise you on your legal rights and responsibilities. Engaging a property lawyer early on may be the difference between a successful and unsuccessful development.