Commercial Conveyancing
Property Law
Key Takeaway
Our commercial conveyancing team manages the legal transfer of commercial properties including office buildings, retail spaces, industrial warehouses, and mixed-use developments.
Our commercial conveyancing team manages the legal transfer of commercial properties including office buildings, retail spaces, industrial warehouses, and mixed-use developments. We handle every aspect of the transaction from initial due diligence through to settlement, ensuring your commercial property acquisition or disposition proceeds smoothly and in accordance with Queensland property law requirements.
Commercial conveyancing involves significantly more complexity than residential transactions, requiring careful attention to zoning regulations, environmental compliance, GST implications, and detailed contract review. Our solicitors work closely with commercial property lawyers, accountants, and financiers to coordinate all aspects of the transaction, identify potential issues early, and protect your commercial interests throughout the process.
Due Diligence in Commercial Conveyancing
Due diligence is the cornerstone of any commercial property transaction. Our process typically includes reviewing the certificate of title, identifying registered easements, covenants, and encumbrances, and conducting town planning and zoning searches to confirm the permitted use of the property. We also carry out building and pest inspections, environmental site assessments, and review any existing leases or tenancy agreements. For properties with development potential, we examine local government planning schemes and infrastructure charges. This comprehensive approach identifies legal, financial, and operational risks before you commit to the purchase, saving significant costs and complications down the track.
Contract Review & Negotiation
Commercial property contracts in Queensland are typically governed by the Property Law Act 1974 and the standard REIQ Commercial Land Contract. However, many transactions involve heavily amended contracts or bespoke agreements that require careful scrutiny. We review special conditions relating to finance approvals, due diligence periods, building inspections, and settlement timeframes. We also negotiate terms around deposit amounts, release conditions, adjustments for outgoings, and dispute resolution mechanisms. Our goal is to ensure the contract accurately reflects the commercial deal you have negotiated while protecting your legal position.
Settlement Process & Post-Settlement Matters
Settlement of a commercial property transaction involves the coordination of multiple parties including the purchaser, vendor, financiers, real estate agents, and government authorities. We manage the settlement process from preparation of the settlement statement through to registration of the transfer at the Queensland Titles Registry. Post-settlement, we attend to the registration of any mortgages, caveats, or other dealing documents, arrange payment of stamp duty, and provide you with a completed file summarising all transaction documents and certificates for your records.
Commercial Conveyancing FAQs (Queensland Law)
How does the Property Law Act 1974 (Qld) govern commercial conveyancing?
At our firm, the Property Law Act 1974 (Qld) governs the sale and transfer of commercial property, including contract requirements, settlement procedures, and enforcement of rights. Key provisions cover the legal description of land, easements, covenants, and mortgage enforcement.
What are s 175 ISC requirements in commercial property?
Our team helps clients with matters under section 175 of the Property Law Act 1974 requires certain certificates to be provided in property transactions, including disclosure of mortgages and other encumbrances. The ISC (independent solicitors certificate) confirms independent legal advice was obtained.
What is the due diligence period in commercial conveyancing?
At our firm, the due diligence period (typically 14-30 days) allows the purchaser to conduct investigations including title searches, planning checks, building inspections, environmental assessments, and finance approval. The purchaser can withdraw without penalty during this period.
How is risk allocated in commercial property transactions?
At our firm, risk allocation in commercial contracts covers damage to property (usually the vendor bears risk until settlement), incorrect statements in disclosures, failure to obtain approvals, and default by either party. Special conditions allocate specific risks.
What is GST and the margin scheme in commercial property?
At our firm, commercial property sales may be subject to GST. The margin scheme allows GST to be calculated on the margin (difference between sale price and acquisition cost) rather than the full sale price, reducing the GST payable.
Commercial Conveyancing Services
- Contract review and negotiation for commercial property purchases and sales
- Due diligence including title searches, town planning searches, and zoning checks
- GST and stamp duty advice for commercial transactions
- Business asset sale agreements and business transfer documentation
- Lease review and assignment in conjunction with property transfers
- Settlement coordination with financiers, real estate agents, and stakeholders
- Searches and investigations for encumbrances, easements, and caveats
- Foreign Investment Review Board (FIRB) compliance for overseas purchasers
- Section 175 certificates and body corporate searches
- Co-ownership agreements and joint venture documentation
- Transfers to self-managed superannuation funds (SMSFs)
- Off-the-plan commercial property purchases and sunset clause advice
Last updated: July 2026
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