Conveyancing & Property Development

Buying and selling property involves significant financial decisions which is why it makes sense to use a competent professional to handle your conveyancing transaction.

Conveyancing is the process of transferring the legal title held in property from one person or entity to another. It involves due diligence and a number of processes that must be carefully followed, usually within a tight timeframe. An administrative or legal oversight can lead to significant financial and legal consequences for a buyer or seller.

Buying residential property

If you are purchasing a residential property, you need to know exactly what you are buying. Due diligence when purchasing property means carrying out various investigations to ensure that the property meets your needs, the structures and buildings are compliant, and there are no undisclosed matters that might restrict the use of the property or negatively impact its value.

Pest and building reports, and various other investigations, help minimise a purchaser’s risk. We can recommend relevant searches and enquiries to help protect your interests. We will explain your legal position under the contract, flag any issues with special conditions, and explain how any easements or restrictions might affect the property before you commit to your purchase.

Selling residential property

Before offering residential property for sale, you need to have a complying written contract that meets prescribed conveyancing and property regulations. In New South Wales, contracts must contain specific disclosure documents and vendors must provide certain warranties with respect to the property they are selling. Failure to provide these documents may allow a purchaser to rescind (cancel) the contract.

We have extensive experience in property law and understand the conveyancing process inside out. Our team will work with you throughout the entire transaction, protecting your interests and guiding you so you can make informed decisions. We utilise our strong industry knowledge and embrace the latest technology to make your entire transaction as seamless as possible.

Property development / planning & construction law

The building and construction industry and the use and development of land is governed by layers of complex legislation, regulations, planning instruments and codes. Whether you are a homeowner undertaking a renovation, a building practitioner, a contractor or major developer, it is important to be guided by a professional regarding the laws relevant to your project.

Property development

Property development can be profitable however it is important to ensure risk is mitigated and each project is carefully managed. The legal documents governing a building project must be carefully drafted to set out the rights and responsibilities of each party, and plan for contingencies and unforeseen events. Construction contracts, sales contracts and other related agreements must be considered in light of the whole project and the many regulations and legislation applicable when developing property.

We can assist with all types of planning, construction and environmental law matters including:

Development applications
Council disputes
Construction disputes and litigation
Construction Infrastructure
Security of Payments Act
Commercial procurement methods
Building and construction contracts, service contracts and venture agreements
Simple alterations and additions
Heritage and conservation issues
Tree or Fencing disputes
Medium multi occupancy buildings
Large commercial developments
Subdivisions
Encroaching buildings
Building Compliance Codes (BCAs)

Building and construction disputes

Building disputes can quickly escalate so it is important to obtain sound, timely legal advice to help minimise costs and effectively resolve issues between all parties. We provide commercially insightful advice to individuals, building practitioners and other industry professionals regarding their building and construction disputes.

Domestic building disputes

Home building and renovation projects tend to become larger than anticipated with delays and increased costs frequently leading to disputes between homeowners and builders. These disputes typically concern claims for incomplete or defective work, variations to the scope of works, prime cost items, delays and payment claims.

A domestic building dispute can often be avoided or at least curtailed by having a complying building contract in place and understanding your rights and obligations under the agreement from the start. We can review your building contract and help negotiate any terms that are unfair or unclear to minimise the potential for disputes.

We understand the importance of trying to preserve the working relationship between a homeowner and builder and have assisted many clients to resolve their disputes efficiently and cost-effectively.

Payment disputes

Payment disputes between contractors and subcontractors, and more recently builders and homeowners, may be managed through the Building and Construction Industry Security of Payments Act 1999 (NSW). The Act aims to resolve payment claims for prescribed construction work in an efficient and cost-effective manner and provides for an adjudicated process for the resolution of payment disputes as an alternative to lengthy and costly litigation.

There are strict procedures and timelines applicable when making or responding to a payment claim. Our industry experience enables us to provide prompt and practical advice under this regime.

Mediation

Many building disputes can be negotiated using alternative forms of dispute resolution such as mediation. Mediation involves a neutral person meeting face to face with the parties to a dispute and assisting them to reach a resolution. It is an alternative to expensive litigation and can be used even for complex and technical matters.

Mediation is usually confidential, and the mediator does not provide legal advice, nor does he or she determine the dispute. In addition to cost and time savings, mediation has other benefits. It is less formal than court proceedings and allows the parties to explore less restrictive settlement options than those that might be imposed by a court. The process may also help to preserve the parties’ relationship, which is beneficial when they must continue to work with each other throughout a project.

If you encounter a building dispute which cannot be resolved despite negotiation, it is important to obtain legal advice quickly. Without appropriate advice and direction, a building dispute may soon turn into a protracted battle causing considerable stress and loss of time and money.

Councils

Liaising with councils and other government bodies can be complex and daunting. We have experience in dealing with metropolitan councils and can assist with:

Class 1 appeals against a council determination or failure to determine
Class 4 proceedings where a council has taken civil enforcement action
Class 4 proceedings to enforce your own rights
Class 5 proceedings regarding council prosecutions

We are conveyancing and property law professionals with considerable experience across a range of property, development, and environmental planning matters.

If you need any assistance, contact one of our lawyers at [email protected] or call 1300 658 788 for a no-obligation discussion and for expert legal advice.