PROPERTY
PROPERTY LAW
Whether it’s the purchase, sale or lease of a commercial, industrial or residential property, land or estate,
Harwood Andrews’ property team provides end-to-end concise and frank advice that draws on the expertise of the commercial, tax, planning and environment, local government and the dispute resolution and litigation teams.
It’s this sophisticated, well-informed direction that sees the distinguished team act for private clients, small to large property developers, councils and statutory authorities on an array of matters including:
commercial leasing
easements and covenants
off-the-plan contracts and sales
mortgage and securities advise
boundary disputes
property and land tax advice
adverse possession
compulsory land acquisitions
Madeleine Luppino explains Harwood Andrews’ point of difference
Let us guide you through:
CONVEYANCING
CONVEYANCING
Whether you are buying or selling residential or commercial property, developing land or undertaking a multi-lot subdivision, having an experienced property conveyancer to guide you through the process is essential.
With 100 years of collective experience, Harwood Andrews’ conveyancing team is renowned for their property market knowledge, industry foresight, specialised legal advice and exceptional client management.
Let us guide you through:
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COMMERCIAL CONVEYANCING
COMMERCIAL CONVEYANCING
When selling or purchasing commercial or industrial property our highly experienced commercial conveyancers oversee the entire transaction to ensure the process is streamlined and that all legal implications are considered.
Our service includes the preparation of the necessary documentation for the purpose of purchasing your commercial property, including but not limited to:
Transfer Documents
Treatment of Tax, including GST, Capital Gains, Margins Scheme and Land Tax (in consultation with your accountant)
Permitted land use and zoning queries
Lodgement of plan of subdivisions
Subject to Lease transactions
Vacant possession transactions
Nomination declaration/s
Notifying all relevant utility and council authorities.
COMMERCIAL LEASING & LICENSING
COMMERCIAL LEASING & LICENSING
Understanding the key aspects of a commercial lease versus a license and the benefits and limitations of both, requires an appreciation of the relevant laws and the required purpose or use.
A commercial lease is when a landlord grants a tenant the right to exclusive use of a premise in return for a fixed payment for a specific period of time.
A license is an agreement to occupy the property but not exclusively.
When entering an agreement under either option, there are specific rights and obligations of the tenant.
Harwood Andrews’ Property team understands the nuances of both arrangements and can guide you through the complexities. Our team acts for both landlords and tenants shopping centres, retailers and office towers across Melbourne and Geelong in relation to:
● Preparation and negotiation of leases.
● Exit and renewal options.
● Licensing agreements.
● Rent review negotiations.
● Leasing disputes.
● Commercial tenancy law.
Our practitioners regularly appear at the Victorian Civil Administrative Tribunal (VCAT) and mediations by the Small Business Commissioner on leasing dispute matters.
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PROPERTY DEVELOPMENT & SUBDIVISIONS
PROPERTY DEVELOPMENT & SUBDIVISIONS
As our population rapidly grows, our cities and regional centres need to expand with them—and we’re at the forefront of this growth.
Acting for small to large property developers, councils and statutory authorities, Harwood Andrews’ Property team provides end-to-end strategic advice spanning:
Site acquisition and due diligence.
Contract negotiation.
Development agreements.
Subdivision applications including not in common ownership (NICO).
Taxation consequences of development.
Legislation and regulation compliance.
We’ve spent decades building a trusted network of accountants, financiers, real estate agents, project managers, architects, engineers and town planners. As well as bringing our own to the table—our commercial, tax, and planning and environment teams to ensure all issues and factors have been addressed before you ‘break ground’.
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SUBDIVISIONS
SUBDIVISIONS
Navigating the relevant laws, permits and application for a subdivision can be complex—however the long-term benefits of creating an investment associated with dividing a parcel of land (‘lots’), the associated property development and the future income from renting or selling the property can provide financial security.
However, before drawing a line through your property, you will need to seek approval from the local authorities who will determine if it complies with the current regulations such as land use, and access to roads and utilities.
Harwood Andrews’ Property, in conjunction with our planning and environment, commercial and tax teams, can navigate you through an effective subdivision strategy for developers and landowners with:
Residential property.
Greenfield estates and acreage.
Commercial properties.
Industrial properties.
Our team advises on:
Site acquisition and due diligence.
Contract negotiation.
Development agreements.
Subdivision applications including not in common ownership (NICO).
Taxation consequences of development.
Legislation and regulation compliance.
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OWNERS CORPORATIONS
OWNERS CORPORATIONS
Residential, retail, commercial, industrial or mixed-use properties that have a multi-occupancy subdivision and common property would be governed by an owners corporation.
Owners corporations can exists as either:
an owners corporation,
a committee,
a delegate of the owners corporation, or
a delegate of the committee.
In acting for lot owners, owners corporations and managers, Harwood Andrews’ property team is well versed in all aspects of owners corporations rules, duties and obligations. Our team provides advice on:
Entering contractual arrangements with third parties and with individual lot members.
Lot boundaries and common property.
Adverse possession.
Common property and lot property leases and licences.
Creating, altering, and removing common and lot property.
Repairs and maintenance.
Owners Corporation rules.
Dispute resolution.
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RETIREMENT LIVING AND AGED CARE
RETIREMENT LIVING AND AGED CARE
With an ageing population, the demand for retirement living options and aged care services is constantly increasing.
Harwood Andrews’ property team offers expertise in the specialised area of retirement villages, supported residential services and aged care. We work closely with residents looking to move into retirement, aged care or supported residential service facilities.
We focus on understanding our client’s individual needs and wishes and identify the opportunities and risks associated with retirement villages and supported accommodation options.
In addition to advising residents, we also offer the following services to owners and managers in the retirement living and aged care sectors:
selling and buying retirement living facilities,
advising on land acquisition and planning,
preparing standard residential agreements, and
advising on compliance with retirement village and aged care legislation.
If you or a family member are looking to move into a retirement, aged care or supported residential service facility, complete the enquiry form below and one of our property team members will be in touch to discuss your situation.
RETIREMENT VILLAGE ENQUIRY:
If you or a family member are looking to move into a retirement, aged care or supported residential service facility, complete the enquiry form by clicking the button below and one of our property team members will be in touch to discuss your situation.
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