Property Development Transactions
Acting for developers on site acquisitions, joint venture arrangements, project documentation and pre-sale contracts.
Legal Support for Property Development
Property development moves quickly and the documents have to keep up. From the site acquisition through development approval, joint venture, construction and pre sales, each stage builds on the documents prepared at the previous one. We work with developers from site identification through to final settlement of the last lot.
Site Acquisition and Due Diligence
Acquisition is often structured through a put and call option or a conditional contract, giving time to complete due diligence and obtain approvals before the price is finally committed.
Ownership and Development Structures
Developments are commonly held through a company, trust or joint venture structure chosen for liability, tax and finance reasons. We advise on the legal documentation for the structure your accountant recommends.
Managing a Project End to End
Planning, Approvals and Construction
Development approval conditions, section 7.11 or 7.12 contributions and any planning agreements need to be factored into the timeline and budget early. We also review construction contracts, including HIA, MBA and bespoke building contracts, along with consultant agreements for architects, engineers and other professionals.
Finance and Joint Venture Arrangements
Project finance and security documents, along with joint venture or development management agreements, need to align with the financier's requirements and the commercial arrangement between the parties.
Subdivision, Registration and Pre-Sales
Subdivision of the land, registration of easements and section 88B instruments, and registration of the strata or community plan need to be sequenced correctly to avoid delay. Pre sale contracts and disclosure statements are prepared in compliant form, with pre sale numbers often required to satisfy the project financier.
Project Risk and Disputes
We help identify risk areas across the contracts on a project, from acquisition through to final settlements, and assist with resolving disputes that arise with builders, consultants or purchasers along the way.
Our process
How a matter of this kind moves from first contact to outcome.
Site Acquisition
Options or conditional contracts are put in place to secure the site.
Structuring and Finance
Ownership structure and project finance documents are settled.
Approvals and Contracts
Planning approvals and construction and consultant agreements are finalised.
Pre-Sales
Off the plan contracts and disclosure statements are prepared and exchanged.
Subdivision and Registration
The plan is registered and titles are created for each lot.
Settlements
Individual lot settlements are completed as purchasers take title.
How Shah & Co Lawyers can assist
We stay with a project from the first option to the last lot settlement, keeping the documents aligned at every stage.
Acquisition Documents
Put and call options and conditional site acquisition contracts.
Structuring Advice
Legal documentation for the chosen ownership and joint venture structure.
Approvals and Contributions
Advice on development approval conditions and planning agreements.
Construction Contract Review
Review of HIA, MBA and bespoke construction and consultant agreements.
Finance and Security
Project finance documentation and security arrangements.
Pre-Sale Contracts
Compliant off the plan contracts and disclosure statements.
Documents across a typical project
- Put and call option or conditional acquisition contract.
- Joint venture or development management agreement.
- Construction contract and consultant engagement deeds.
- Project finance and security documents.
- Off the plan disclosure statements and pre sale contracts.
Frequently asked questions
General information only. Every matter turns on its own facts.
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View Property TransfersTalk to us before you commit to your next project.
Arrange a confidential consultation. Discreet, professional and tailored to your circumstances.