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Property development depends on approvals, charges and contracts lining up in the right order. Our property development lawyers act for developers and investors on site acquisitions, subdivisions and small to medium projects. We work alongside your town planner, surveyor and engineer, from site purchase to the final lot sale.
A material change of use approval is needed to start a new use of premises. It also applies when intensifying an existing use. Examples include building townhouses on a house block or converting a warehouse into a gym. If the planning scheme does not allow your intended use outright, you will need this approval.
A reconfiguring a lot approval is the approval needed to subdivide land. It also covers boundary realignments and new easements for access. Once the conditions are met, the council approves the plan of subdivision. The plan is then lodged with Titles Queensland to create the new lots.
Some projects need both. A townhouse development may need a material change of use approval. It may also need a reconfiguring a lot approval to create separate titles.
Most subdivisions need a town planner and a surveyor. A lawyer becomes essential once contracts are involved. That includes the purchase of the site, any finance, due diligence, new easements and the contracts to sell the new lots. We also check that the approval conditions are achievable before you commit to a purchase.
Infrastructure charges are fees councils levy to fund trunk infrastructure, such as roads, water, sewerage, stormwater and parks. They are triggered by a development approval and set out in an infrastructure charges notice. The developer pays them. For a subdivision, they are generally payable before the council approves the plan of subdivision.
Councils set their charges in a charges resolution. The Planning Regulation 2017 (Qld) caps the maximum charge a council can adopt for each type of development. Councils publish their charges resolutions and registers of infrastructure charges online.
On a small subdivision, infrastructure charges can be one of the largest single costs. They should be estimated before you buy the site, not discovered after approval. A charges notice can be appealed, but only on limited grounds.
Proposed lots are often sold before the plan is registered. The Land Sales Act 1984 (Qld) sets the rules for these sales if the properties are sold as completed dwellings or unimproved blocks of land. Before the contract is signed, the seller must give the buyer a disclosure statement and a disclosure plan. Settlement must occur within 18 months of the contract date.
If the details change, the seller must tell the buyer. A buyer who is materially prejudiced by the change may terminate.
For community titles schemes, the Body Corporate and Community Management Act 1997 (Qld) adds further disclosure requirements.
When selling new residential premises or potential residential land, the buyer usually withholds part of the price at settlement. That amount is paid directly to the ATO and credited against the developer’s GST. The developer must give the buyer written notice of whether withholding applies before settlement. This affects your cash flow from each sale, so it should be included in your feasibility.
Whether you are acquiring a development site, managing approvals, or preparing contracts for your project, our experienced team is here to assist you with practical legal guidance and timely support.
Many projects involve more than one party, such as a landowner and a developer, or two investors. The arrangement might be a joint venture or a development management agreement. It could also be a company or unit trust. Each allocates risk, profit and control differently. The agreement should deal with funding shortfalls, decision making and what happens if the project stalls.
Many developments are sold before construction is complete. We prepare off the plan contracts, the disclosure statements the law requires, and put and call options. We also establish community titles schemes and body corporate documents for unit and townhouse projects.
For buyers, the risks of off the plan contracts are covered on our Off the Plan Contracts page.
If council refuses your application or imposes unacceptable conditions, you may appeal to the Planning and Environment Court. An applicant generally has 20 business days after receiving the decision notice to start an appeal. Submitters who objected to an impact assessable application may also have appeal rights.
Before filing, an applicant can suspend the appeal period and make change representations to council. That step often resolves a condition without the cost of court proceedings. We advise on whether an appeal or a negotiated outcome is the better path.
Development moves quickly, and delayed legal advice has real costs. We respond to instructions the same day and work to your project timeline. We quote fixed fees wherever the scope allows. In return, we ask for clear instructions with the information we need to act promptly.
