Russell Kelly & Associates · Norwest NSW
Property Development Lawyers in Norwest NSW
Property Development Lawyers in NSW
Property development can involve a range of legal, commercial and regulatory issues from the initial acquisition of land through to subdivision, construction, sale and settlement.
Russell Kelly & Associates provides legal advice to property owners, investors and developers in New South Wales in relation to property development transactions and associated documentation.
Early legal advice can help identify issues affecting a proposed development before significant financial commitments are made.
Acquiring Property for Development
The acquisition of a development site requires consideration of more than the purchase price.
Before entering into a contract, developers should consider the title, easements, covenants, restrictions on use, existing leases and other matters that may affect the proposed development or future use of the land.
We can assist with contract review, negotiation and the legal aspects of due diligence before acquisition.
Development Site Due Diligence
Legal due diligence can assist a purchaser in identifying matters affecting a development site before becoming unconditionally committed to the transaction.
Depending upon the property and proposed development, relevant matters may include:
- ownership and title;
- easements and rights of way;
- covenants and restrictions on use;
- existing leases and occupancies;
- access and services;
- strata or community title arrangements;
- contractual conditions affecting the acquisition; and
- other registered or disclosed interests affecting the land.
Planning, taxation, environmental, surveying and financial matters may require advice from other appropriately qualified professional advisers. Read more about survey certificate validity and Certificates of Currency in NSW.
Options to Purchase Development Sites
Property developers may use option agreements to secure rights in relation to land while investigating the feasibility of a proposed development.
A call option can give a purchaser a right, subject to the terms of the agreement, to require the owner to sell the property during a specified period. Put and call option arrangements may provide rights to both the purchaser and vendor.
Option agreements can involve significant legal, commercial, duty and taxation consequences. Their terms should be considered carefully before they are entered into.
Subdivision and Title Issues
Property development may involve subdivision of land or the creation of strata or other titles.
Legal issues can arise concerning easements, restrictions, covenants, access, services and other interests required for the development and future use of individual lots.
We can assist with the legal documentation associated with these property interests and the registration of relevant dealings.
Easements, Covenants and Restrictions
Easements and restrictions recorded on title can significantly affect how land may be accessed, serviced, developed or used.
Existing interests should be investigated when acquiring a development site. New easements, covenants or restrictions may also need to be created as part of a subdivision or development.
Understanding these interests early can help identify legal constraints that may affect the proposed project.
Development Agreements and Joint Ventures
Some property developments involve more than one landowner, investor or development participant.
Appropriate agreements can document matters such as ownership, funding, responsibilities, decision-making, allocation of costs and proceeds, project management and what is to happen if circumstances change.
The appropriate structure and documentation will depend upon the particular development and the parties involved.
Business and Ownership Structures
The entity or structure used to acquire and undertake a development can have important legal, taxation and commercial consequences.
Depending upon the circumstances, a project may involve individuals, companies, trusts, partnerships or other arrangements.
Legal advice should be considered together with appropriate taxation, accounting and financial advice before a development structure is established.
Learn more about Companies, Trusts and Partnerships.
Property Development Contracts
Development projects can involve a range of contracts and legal documentation in addition to the initial acquisition of the land.
Clear documentation can assist in defining the rights, responsibilities and commercial expectations of the parties involved in the project.
Where appropriate, we can assist with the preparation, review and negotiation of agreements relating to the property and development transaction.
Selling Developed Property
A development may ultimately involve the sale of completed lots, strata units or other property interests.
The sale process can require preparation of contracts and disclosure documentation and coordination of the legal requirements leading to exchange and settlement.
Obtaining legal advice early can assist in planning the documentation required for the eventual sale of the developed property.
Property Development Disputes
Disputes can arise between developers, landowners, investors, contractors or other parties involved in a development.
Where a dispute arises, early advice can assist in identifying the relevant contractual and legal issues and the available options for resolving the matter.
Learn more about Commercial Litigation and Business Disputes.
Property Law and Conveyancing
Property development forms part of our broader property law practice, including property acquisitions and sales, conveyancing, strata matters and commercial leasing.
Learn more about our Property Law services.
Speak to Russell Kelly & Associates
If you are acquiring land for development, considering a subdivision or require advice about the legal documentation for a property development project, contact Russell Kelly & Associates to discuss your circumstances.
This information is general in nature and does not constitute legal advice. Legal advice should be obtained about your particular circumstances.