Property development lawyers in Newcastle

We advise developers on site acquisition, development approvals, joint ventures and construction contracts in NSW.
A Mullane Lindsay solicitor reviewing documents at a desk

Property development is one of the most legally complex commercial activities, drawing together planning, contract, environmental, construction and finance law across the life of a project. In NSW, development approvals are governed by the Environmental Planning and Assessment Act 1979 and the planning instruments made under it. We advise developers at every stage, from our offices in Newcastle, for projects across the Hunter and NSW.

How we help

We help you manage legal risk proactively so you can focus on delivering the project. We:

  • Run legal and planning due diligence on the site, and structure the acquisition (including option and put and call agreements).
  • Advise on development approvals, the structure and finance, and joint ventures.
  • Negotiate construction contracts and manage risk on variations, delay and defects.
  • Prepare off-the-plan contracts and disclosure, and manage sales and settlement.

Why clients choose Mullane Lindsay

Our property work is led by Michael McGrath, and we have frequently advised on property development projects. Backed by the firm since 1976, we work alongside your planners, financiers and builders to identify and manage the legal risk at each stage, from site acquisition through to post-completion. For the corporate structuring and finance behind a project, we work with our business law team.

How is a development structured and approved?

A typical project runs through site acquisition with thorough due diligence on title, planning controls, contamination and contributions; planning and development approval under the Environmental Planning and Assessment Act 1979 (NSW); project structuring and finance; procurement and a construction contract; off-the-plan sales and marketing; practical completion and settlement; and post-completion steps such as registering the plan of subdivision or strata plan. Getting each stage right avoids costly delay and dispute.

FAQs

Site acquisition with due diligence and the right acquisition structure; planning and development approval; project structuring and finance; procurement and a construction contract; off-the-plan sales and marketing; practical completion and settlement; and post-completion steps such as registering the subdivision or strata plan and dealing with defects liability.

It gives a developer the right, but not the obligation, to buy a site within a set period while planning and feasibility work is done. A call option lets the developer require the owner to sell; a put and call option also lets the owner require the developer to buy. Put and call agreements are legal contracts between both parties and are used to manage timing, due diligence and offer certainty in property transactions. Key terms include the option period, conditions, the fee, stamp duty and whether to lodge a caveat. Our lawyers are experienced in advising you on how best to establish these.

Sellers must provide contracts and prescribed disclosure statements before exchange to protect purchasers when buying off the plan as they cannot physically inspect. Sellers are required to include carefully drafted sunset clauses (now restricted in how a vendor can rely on them), deposits held in trust and protected until completion, limits on plan variations, foreign investment approval where relevant, and GST withholding on new residential premises.

Developers should pay close attention to the contract structure and the provisions that most often lead to disputes. These can include the choice of standard form contract, the pricing model, how variations are requested, approved and priced. Other considerations should address delays, extension of time and liquidated damages provisions, security, retention and release arrangements, the defects liability period and process for rectifying defects, and how security of payment legislation interacts with the contract.

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