Property Development and Subdivisions
How We Can Help
Property development involves many moving parts: site acquisition, project structuring, finance, planning approvals under the Planning and Environment Act 1987, off-the-plan sales, leasing and exit. We act for developers, landlords, tenants, lenders, corporate occupiers and owners’ corporations across office, industrial, retail, hotel, residential, aged-care and rural property. Where required, we also coordinate with accountants and tax specialists on the GST, stamp duty, and land tax positions.
Property Transactions
Commercial property transactions run across office, industrial, retail, hotel, residential, aged-care and rural assets, and each class carries its own regulations and duties.
Commercial property transactions run across office, industrial, retail, hotel, residential, aged-care and rural assets, and each class carries its own regulations and duties. Where a transaction raises GST or foreign investment (FIRB) considerations, we work alongside your accountant and tax adviser to ensure these matters are properly covered.
What we do
- Commercial sales and acquisitions across all classes
- Put and call options and conditional contracts
- Title and planning due diligence
- Financing and fund-through arrangements
- Investment scheme structuring
- Foreign investment transactions and FIRB compliance
- Stamp duty, land tax and GST coordination with advisers
- Settlement and post-completion work
Property Development
Property development often requires legal input from the moment you exercise an option to acquire the site through to settlement of the final lot, with overlapping workstreams that may also require legal advice. These can include site acquisition, project structuring, joint ventures, development and fund-through agreements, off-the-plan documentation, planning approvals under the Planning and Environment Act 1987, and the regulatory layer that accompanies them.
We act for property developers across the all stages of the project, including build-to-rent, student-housing and affordable-housing structures, and we handle the construction-side issues that surface mid-project. Where VCAT planning appeals are needed, our team can assist you through to a decision.
What we do
- Site acquisition: conditional contracts and put-and-call options
- Project structuring and entity set-up
- Joint ventures and fund-through arrangements
- Development agreements and development leases
- Off-the-plan contracts and disclosure documentation
- Planning approvals, objections and VCAT appeals
- Environmental, contamination, native title and heritage matters
- Build-to-rent, student and affordable housing structuring
- Construction issues and disputes during the project
- Sales-program management and financier reporting
Leasing
We act for landlords across residential, commercial, industrial and retail leases. That includes advising on and drafting new leases, renewals, assignments, surrenders, incentive deeds, heads of agreement, agreements for lease and multi-use leasing in larger developments, as well as handling the disputes that arise when something goes wrong.
What we do
- New lease drafting and negotiation across all classes
- Renewals, assignments, subleases and surrenders
- Heads of agreement, AFLs and incentive deeds
- Retail Leases Act 2003 (Vic) compliance
- Make-good, rent review and exit rights
- Multi-use and large-scale development leasing
- Lease disputes, breach and termination matters
- Bank guarantee and security release work
Property Due Diligence
Property due diligence is the difference between knowing exactly what you’re buying and discovering the problem after settlement, whether that’s an easement, a planning overlay, a remediation order or an undisclosed tenancy.
We run pre-acquisition due diligence on residential, commercial and industrial transactions, reporting on title, easements, restrictive covenants, zoning under the Planning and Environment Act 1987, existing leases, building compliance and environmental risk. Each report comes with clear, practical recommendations on how every issue should be handled.
What we do
- Title investigation and risk assessment
- Easement, covenant, zoning and planning review
- Lease and existing tenancy review
- Strata and community title document review
- Environmental and building compliance review
- Due diligence reports with recommended actions
- Site visit coordination and findings
- Pre-bid focused due diligence on time-limited deals
Land Subdivisions and Community Titling
Whether you are splitting two lots or delivering a 500-plus-lot mixed-use estate, we can assist at every stage. We prepare and register plans of subdivision, easements, restrictions and owners corporation rules under the Subdivision Act 1988, and we obtain the planning approvals and negotiate the section 173 agreements with council under the Planning and Environment Act 1987, coordinating surveyors and infrastructure agreements along the way.
From there we manage the legal side through to plan registration and lot sales, including staged rollouts, along with the owners corporation work that often follows completion: moving common property into individual lot titles, varying OC rules and resolving early-stage scheme disputes.
What we do
- Titling structure design and advice
- Land subdivision documentation
- Easements, restrictions and section 173 agreements
- Plan of subdivision registration with Land Use Victoria
- Community title and multiple strata-scheme structuring
- Building management arrangements
- Staged subdivision rollout structuring
- Post-completion owners-corporation work
Corporate Real Estate
Most corporate transactions will interact with property in some way, such as operational sites, leases, investment portfolios, or sale-and-leaseback structures.
We manage and provide advice on the property side of corporate transactions and advise on broader corporate real-estate strategy: lease-versus-own decisions, sale-and-leaseback structures, head-lease and sub-lease arrangements, and multi-site portfolio management for tenants with national footprints.
What we do
- Property aspects of M&A, restructures and refinancings
- Lease assignments and change-of-control consents
- Sale-and-leaseback structuring across asset classes
- Head-lease and sub-lease arrangements
- Multi-site portfolio management
- Operational-site disposal and exit advice
- Corporate real-estate strategy reviews
Foreign Investment in Property
If you are a foreign person buying Australian property, whether as an individual, a company or a fund, FIRB approval is generally required before you acquire residential property under the Foreign Acquisitions and Takeovers Act 1975 (Cth) and can also apply to commercial property above the relevant thresholds, with additional duties and taxes applying on top. Buying without the necessary approval can trigger a forced sale and significant financial penalties.
We advise foreign individuals, companies and funds investing in residential and commercial property. We cover FIRB requirements and applications, the right structure for the purchase, foreign purchaser duty surcharges, and the tax and duty positions on both entry and exit. We also review existing foreign-owned structures to make sure they remain fit for purpose, and we work alongside your accountants and tax specialists on the matters that cross into tax.
What we do
- FIRB applications and exemption certificates
- Advice on whether FIRB approval is required
- Foreign investment rules advice for residential and commercial property
- Foreign purchaser duty surcharge advice, including the 8% Victorian surcharge on residential property
- Acquisition and ownership structuring for individuals and offshore investors
- Temporary-resident purchase-rule advice
- Review of existing foreign-owned property structures
- Disposal, exit and divestment advice
Owners Corporation Matters
KPA Lawyers acts for Owners Corporations, managers, committee members, lot owners, developers and adjoining owners on common property, OC rules, special levies, repair and upgrade decisions, and disputes inside multi-owner developments.
What we do
- Owners Corporation establishment
- OC rules drafting, review and enforcement
- Common property licences, leases and disputes
- Special levies and major repair / upgrade advice
- Debt recovery for unpaid levies (VCAT and Magistrates’ Court)
- Building defects affecting common property
Leasing for tenants
If you’re a tenant running a small business out of leased premises, renting a commercial space, or renting a residential property and running into problems, a lease document can be dense, and the your obligations as a tenant are often more onerous than they first appear.
What we do
- Lease review and negotiation before signing
- Retail Leases Act 2003 compliance and disclosure issues
- Rent-review and ratchet-clause disputes
- Option exercise renewing or extending your lease
- Disputes with your landlord – repairs, outgoings, access
- Make-good and end-of-lease disputes
- Surrendering or assigning a lease
- Defence of eviction or termination proceedings
Frequently Asked Questions
Disclaimer : The information contained in these FAQS is of a general nature only and does not constitute legal advice. It has been prepared by KPA Lawyers without considering your specific objectives, circumstances or needs, and should not be relied on as a substitute for tailored legal advice.
Why KPA Lawyers for Property Development and Subdivisions
The firm that puts your outcome first
We combine senior expertise with genuine care, your matter will be handled by an experienced lawyer every step of the way.
Senior PROPERTY lawyers on every matter
A senior lawyer is involved at every stage, working alongside our wider team to ensure your matter is handled the right way.
Work with AWARD WINNING lawyers
Our property team has been nominated for Property Lawyers of the Year for 2026.
Three conveniently located offices
Visit our Sandringham or Mornington offices or meet with us in the Melbourne CBD, whichever location is most convenient for you.
KPA handled our business sale with precision and care. They explained every step clearly and achieved a result we were truly happy with.
Business owner, Melbourne · commercial Law client
Client Stories
What our clients say
Our Team
The Property Development and Subdivisions TEAM
You get direct access to senior legal minds who actively steer your strategy, giving you the clarity and financial certainty you need to move forward with confidence.
Boris Escobar
SENIOR ASSOCIATE
Boris joined KPA Lawyers in 2018 and is part of the Property and Commercial Law team. He practices...
Amelia Takacs
LAWYER
Amelia is a property lawyer with a structured, thoughtful and commercially aware approach to client work. She focuses...
Liesel Sparrius
SENIOR CONVEYANCER
Liesel is a Senior Conveyancer in the Property team at KPA Lawyers, bringing over three decades of experience...
Carolyn Taylor
SENIOR CONVEYANCER
Carolyn is a key member of KPA Lawyers' property department, with extensive experience in property transactions and conveyancing....
Thomas Stamp
PARALEGAL
Thomas is a paralegal supporting the Property team at KPA Lawyers.