PROPERTY DEVELOPMENT LAWYERS
For Developers, Investors & Agencies
Legal advice for property developers, investors and real estate businesses across the Gold Coast and Brisbane. Development and joint venture agreements, project structures, leases and due diligence, handled by a team that guides developers, builders and property businesses.
PROPERTY DEVELOPMENT LAWYERS FOR THE GOLD COAST AND BRISBANE
Buying commercial property or land in Queensland is one of the biggest commitments a business owner or investor can make, and the legal safety nets you might expect from a residential purchase mostly do not exist. There is no statutory cooling-off period, conditions only protect you if they are written into the contract, and problems that surface after settlement become your problems.
Development adds layers on top of that: the agreement with your joint venture partners or capital providers, the structure that holds the project, planning regulations and compliance, contractor agreements for the build or subdivision, and the leases or sales that realise the value at the end. Nearly every expensive surprise in that chain is discoverable before you go unconditional.
New Wave Law’s property law services cater to property developers, real estate agents, landlords and tenants, and body corporate committees. Our commercial team structures the deal, drafts the agreements and builds tax efficiency into the project from the outset, with fixed fees wherever possible.
WHO WE WORK WITH IN PROPERTY
From a first duplex or subdivision to a multi-stage project, we tailor the advice to the size of the deal and the people around the table.
Developers running one project at a time or a small pipeline. We structure each project, document the agreements with funders and builders, and manage the contract and due diligence work on the site itself so the numbers you modelled survive the paperwork.
Groups pooling capital into a development. The joint venture or development agreement decides who contributes what, who carries the risk, how decisions are made and how profit and losses are shared, and it needs to be settled before the land contract is signed.
Agencies and property businesses that need their own legal house in order: agency agreements, employment and contractor terms for sales staff, registered trade marks for the brand, and structures that protect the principals as the rent roll grows.
Building businesses that develop their own sites. Contractor agreements, QBCC compliance and asset protection from our construction work meet the development, planning and sales side of the project in one place.
LEGAL CHALLENGES IN PROPERTY DEVELOPMENT
Commercial purchases run on a simple principle: buyer beware. These are the issues that catch developers who treat the legal work as an afterthought.
The statutory cooling-off period that protects residential buyers in Queensland does not apply to commercial purchases. Contaminated land, a tenant locked into a below-market lease or a zoning that does not permit your project all become your problem after settlement unless the contract and the searches dealt with them first.
Capital partners and landowners come together quickly and often start spending before anyone has written down contributions, decision rights, profit shares or what happens if a party wants out. A development agreement settles those questions while everyone still agrees.
The entity that buys the land determines how the project is taxed, how the owners are protected and how easily the finished product can be sold or refinanced. Setting it up after the contract is signed is slower and more expensive than getting it right first.
Planning regulations and compliance sit alongside the contractor agreements for the development or subdivision, and the two have to line up. A build contract that ignores the approval conditions is a dispute waiting to happen.
Project and development brands are marketed hard and rarely registered. Registering a trade mark for land development and construction does not automatically grant exclusive rights over ancillary products, so the classes chosen at application matter as much as the name.
HOW WE HELP DEVELOPERS AND PROPERTY BUSINESSES
From planning regulations, compliance and contractor agreements for developments and subdivisions, to leasing and the sale of the finished asset.
Agreements between landowners, developers and capital partners that allocate contributions, risk, decision-making and profit before the project starts.
Special purpose vehicles, trusts and holding structures that protect the principals and suit how the project will be funded and exited, with tax efficiency built in.
Drafting, reviewing and negotiating leases for landlords and tenants, whether you are leasing office space or a retail property, with your interests protected.
Contract review, the searches that actually matter, zoning, existing leases and the GST and transfer duty position, checked before you go unconditional.
Investor-ready agreements with clear terms for contributions, returns and exit, and the structures that make a project fundable.
Reliable legal advice whether you are buying or selling, from residential to commercial property matters, to protect your interests and ensure a seamless process.
Selecting the right trade mark classes and drafting accurate descriptions so a project or agency brand has meaningful, enforceable protection.
Book a free 15-minute consultation before you sign the contract. We will tell you what needs to be in it and what to check first.
THE RULES THAT SHAPE A QUEENSLAND DEVELOPMENT
Property development sits at the intersection of contract law, planning regulation, strata law and, for some investors, foreign investment rules.
Commercial purchases in Queensland carry no statutory cooling-off period, so conditions only protect you if they are written into the contract. Searches, zoning, existing leases, GST and transfer duty all have to be dealt with before the contract goes unconditional.
Developments and subdivisions proceed under Queensland’s planning regulations, and the approval conditions flow into the contractor agreements for the build. Compliance has to be designed into the project documents, not added when a condition is breached.
Strata and community title developments create a body corporate with by-laws, levies and committee obligations that outlive the developer. By-laws, disputes and strata title management for body corporate committees are part of our property work.
Foreign persons generally need approval before acquiring certain Australian land, including residential real estate and commercial land above monetary thresholds. Applications are assessed through the Foreign Investment Review Board and Treasury, with the ATO handling residential applications, and foreign investors must register their assets on the Register of Foreign Ownership of Australian Assets.
WHY DEVELOPERS CHOOSE NEW WAVE LAW
Practical commercial lawyers who see the whole project, from the land contract to the last lease.
Fixed fees and upfront quotes wherever possible, so legal costs are a known line in the feasibility rather than a variable.
Our property law services cater to property developers, real estate agents, landlords and tenants, and body corporate committees, from planning regulations and contractor agreements for developments and subdivisions through to leasing and strata matters.
A senior associate specialising in tax works alongside the commercial team so tax efficiency is built into deal structures from the outset rather than considered as an afterthought.
The land contract, the joint venture, the structure, the build contracts and the leases are drafted to work together, by the same team.
Accounting, financial planning and insurance sit under the same group as the legal team, which is what a development feasibility actually needs alongside the contracts.
What Our Clients Say About Us
FAQs About Property Development Legal Services
What does a property development lawyer do?
They handle the legal side of a project from acquisition to exit: the land contract and due diligence, the structure that owns the project, the joint venture or development agreement with your partners, planning and compliance matters, contractor agreements, and the leases or sales that realise the value. The aim is that each document supports the next rather than contradicting it.
Is there a cooling-off period when buying commercial property in Queensland?
No. The statutory cooling-off period that protects residential buyers in Queensland does not apply to commercial purchases, so the contract terms and your due diligence are the only protection you have. Finance, due diligence and approval conditions need to be written into the contract before you sign, and the searches need to be done before you go unconditional.
Do I need a development agreement or a joint venture agreement?
If more than one party is contributing land, money or expertise to a project, you need a written agreement that records what each contributes, how decisions are made, how profit and loss are shared and how a party exits. Whether it is called a development agreement or a joint venture agreement matters less than getting those terms settled before the land contract is signed.
What structure should hold a development project?
It depends on who is funding it, how the finished product will be sold or held, and how much personal protection the principals need. Companies, trusts and special purpose vehicles each have pros and cons for tax, financing and asset protection, and the right answer is usually settled with the accountants at the same time as the legal structure.
Can you help with planning approvals and contractor agreements?
Yes. We provide guidance on planning regulations, compliance and agreements with contractors and stakeholders for developments and subdivisions, and we make sure the approval conditions are reflected in the build contracts. Where a project creates a body corporate, we also advise on by-laws and strata title management. Approval conditions are read into the build contract from the start.
How much does property development legal advice cost?
We work on fixed fees and upfront quotes wherever we can. A contract review, a joint venture agreement or a project structure is quoted as a defined piece of work, and a full development is scoped stage by stage so you know the legal cost of each phase in advance. The best starting point is our free 15-minute consultation.
Related Resources
Guides from our team for developers, investors and property businesses.
The legal due diligence guide: contract terms, searches, zoning, leases, GST and transfer duty.
Why trade mark classes matter for developers, builders and property brands.
Key considerations for landlords and tenants before a retail or commercial lease is signed.
BUILD YOUR NEXT PROJECT ON SOLID LEGAL GROUND
Work with a team that guides developers, builders and property businesses through every stage. Book a free initial consultation and tell us about the site.