Property development in New South Wales is regulated by layers of legislation, planning instruments and policies administered at the state and local levels. It is a complex area, often with multiple players and involving several moving parts.
Collaborating with experienced professionals for your property project is invaluable to check off due diligence, and to structure your arrangements to mitigate risk and achieve the best possible outcome. We are experienced property lawyers specialising in real estate development with a focus on structuring the title, management and operational basis for complex single and multi-staged freehold and leasehold strata and community developments.
We can help you with:
- Acquisition of the development site including due diligence
- Preparation of development leases and agreements for lease
- Advice on how to best structure the title, management, and operational basis for the development site
- Liaising with your project consultants including surveyors and strata managers
- Preparation of sale contracts (including off-the-plan), section 88B instruments, by-laws, management statements (SMS, BMS or CMS) and other documentation required for staged developments
- Review of development approvals to ensure relevant conditions are disclosed in contracts and reflected in subdivision and management document
- Legal project management throughout the development lifecycle from initial acquisition to post registration issues
New South Wales planning and development laws
Planning law has become particularly complex over recent years, with the need to address environmental and resource concerns, and balance public, social and cultural interests.
The Environmental Planning & Assessment Act 1979 is the key legislation governing land use in New South Wales and sets out processes for creating Environmental Planning Instruments (EPIs) used to manage and control the use of land.
EPIs include State Environmental Planning Policies (SEPPs) which relate to the whole or part of the state and deal with matters of state or regional planning significance, and Local Environmental Plans (LEPs) which apply to specified local government areas. These policies are detailed and frequently overlap.
Obtaining consent to develop property typically starts with the submission of a development application that considers the zoning of the land to be developed, the type of development and the effect of the various EPIs.
The development must be consistent with local, regional, and state planning objectives and policies, and address environmental and other factors such as access to new lots, the provision of open space or other facilities. Consideration will also be given to the capacity for existing utilities, services, and infrastructure to support the proposed development.
Local councils play a significant role in the future development of land and resources within their respective areas and carry out the administrative function of the approval and certification process.
We can assist with the legal and titling aspects of your development plans and liaise with local authorities and other parties to help get your project off the ground.
We have extensive experience acting for publicly listed developers, private developers, and government bodies in all scales of development from two lot subdivisions through to complex mixed-use developments in excess of 1,500 lots. We have been involved in some of the most recognisable and iconic developments in Sydney and New South Wales.
If you need assistance, email [email protected] or call 02 8999 1080 for expert conveyancing and property law advice.