Areas we serve / Mornington Peninsula / Red Hill, Main Ridge and Arthurs Seat
Lawyers and solicitors for Red Hill, Main Ridge and Arthurs Seat
Rural land, wineries and farm businesses, building in the hills, and wills and estates for Red Hill, Red Hill South, Main Ridge and Arthurs Seat clients, from our Frankston office about 30 to 35 minutes away.
What we do for Red Hill, Main Ridge and Arthurs Seat clients
Choose what you need help with. Each one opens the detail further down this page.
Legal services for Red Hill, Main Ridge and Arthurs Seat clients
The Peninsula’s hinterland takes in Red Hill, Red Hill South, Main Ridge and Arthurs Seat, with vineyards, orchards, cellar doors and a monthly community market. Main Ridge Estate, first planted in 1976, was one of the first wineries of the Peninsula’s modern wine industry. Most of the land is rural, in the Green Wedge Zone, with a concentration of smaller lots around Red Hill and Main Ridge.
We act for owners of rural land and small farms, for wineries and other hinterland businesses, for buyers and sellers, for owners building in the hills, and for families with wills and estates. Radek Dajer, our principal solicitor, acts personally on each matter, in English or in Polish, and we meet at our Frankston office or by video.
Local note
A 2021 sewerage review cited in the Shire’s wastewater plan concluded that Arthurs Seat, Red Hill and Red Hill South need reticulated sewerage because of the risks from septic systems. Many properties there are not connected to sewer.
Rural land, wineries and estates in the hinterland
Choose a topic to see what it involves and how we help.
Buying, selling and using rural land in the Green Wedge Zone.
- Green wedge: rural land on the Peninsula is generally in the Green Wedge Zone, which encourages farming and discourages other development.
- Dwellings: in the Green Wedge Zone a dwelling needs a planning permit, and generally only one is allowed on each lot. The Mornington Peninsula Shire says there is no entitlement to build a house on rural land.
- Subdividing: the minimum lot size is set by the zone schedule and is generally 40 to 80 hectares on the Peninsula, so most rural lots cannot be split.
- Before you buy: check whether the lot has a dwelling, a permit for one, or a realistic prospect of one. The Shire asks for a farm or land management plan with a dwelling application.
Licences, leases, contracts and sales for wineries, cafes and other hinterland businesses.
- Cellar doors: a winery or cellar door selling wine it makes usually needs a producer’s liquor licence. The state says a planning permit is not needed for the licence itself, but planning approval may be needed for other reasons.
- Leases and sales: retail and commercial leases, business sales and contracts for wineries, cafes and tourism businesses.
- Village shops: since 9 January 2025, land in the Commercial 1 Zone in Red Hill has a mandatory height limit, with a maximum of two storeys.
Permits and contracts for new homes, sheds and extensions in the hills.
- Septic systems: some properties are not connected to sewer. The Shire must consent before a building permit is issued for work that installs or alters a septic system, and adding bedrooms or fixtures can require an upgrade.
- Older landslide overlays: Erosion Management Overlays also apply to parts of the hinterland from Arthurs Seat south to Cape Schanck and Flinders, and permit applications there usually need a landslide risk assessment by a geotechnical engineer or engineering geologist.
- Bushfire: rural land here is in a Bushfire Prone Area, so new homes and extensions must generally meet bushfire construction standards, and a Bushfire Management Overlay applies to some land.
- Statutory warranties: every domestic building contract includes warranties that the work will be done in a proper and workmanlike manner, with good and suitable materials and in line with the plans and the law. They pass to later owners and generally cannot be contracted out of.
Wills, powers of attorney and passing on the farm or business.
- Wills: executors, gifts and the residue of your estate. For blended families, life interests and protective trusts can balance a surviving partner against children from earlier relationships.
- Farms and family land: your will does not deal with land owned by a company or trust, and land held as joint tenants passes to the surviving owner. We check how the land is held before we draft.
- Enduring power of attorney: appoints someone to make financial or personal decisions for you, or both, and continues if you lose capacity. Made under the Powers of Attorney Act 2014 (Vic).
- Family provision claims: must generally be filed within 6 months after the grant of probate or letters of administration.
Opening a cellar door?
A producer’s licence covers tastings and sales of your own wine, but planning approval may still be needed for the building or the use. Check both before you commit to a fit-out or a lease.
Building a home on rural land
Building on rural land, step by step
From the first check of the land to the building contract. We explain each step, in English or in Polish.
01
Check the land
We check the zone and overlays, including any landslide, vegetation or bushfire overlay, and whether a dwelling permit exists or is likely.
02
The planning permit
A dwelling in the Green Wedge Zone needs a planning permit. The Shire asks for site plans, a farm or land management plan, a bushfire response and a landscape analysis.
03
Septic and water
Where there is no sewer, the Shire must consent to the septic system before a building permit is issued.
04
Bushfire
In a Bushfire Prone Area, a new home must meet bushfire construction standards, which affects the cost and the design.
05
The building contract
We review the building contract before you sign. For a major domestic building contract you can usually withdraw within 5 clear business days after receiving a signed copy.
How we work
Visit us from Red Hill, Main Ridge and Arthurs Seat
435 Nepean Highway, Frankston VIC 3199
Monday to Friday, 9:00am to 5:30pm, by appointment
From the hinterland
About 30 to 35 minutes by car via Peninsula Link and the Mornington-Flinders Road, or Arthurs Seat Road.
By phone or video
Much of the work can be done by phone, video and email, so you may only need to come in to sign documents.
Parking
Wilson Parking at 453 Nepean Highway, street parking on the Nepean Highway, and the car parks at McDonald’s across the road and at Dan Murphy’s.
Common questions
Can’t see your question? Call 1800 776 529 or send us a message.
Not as of right. In the Green Wedge Zone a dwelling needs a planning permit, and generally only one is allowed on each lot. The Shire says there is no entitlement to build a house on rural land, so check before you buy.
Yes, a winery or cellar door selling wine it makes usually needs a producer’s liquor licence. The state says a planning permit is not needed for the licence itself, but planning approval may be needed for other reasons.
The Shire must consent before a building permit is issued for work that installs or alters a septic system, and adding bedrooms or fixtures can require an upgrade. A 2021 sewerage review cited in the Shire’s wastewater plan found that Arthurs Seat, Red Hill and Red Hill South need reticulated sewerage.
Start with how the land and the business are owned. A will deals only with assets in your estate. Land owned by a company or trust is not part of your estate, and land held as joint tenants passes to the surviving owner, so each needs its own plan. We work with your accountant on the structure and the timing.
Our office is at 435 Nepean Highway, Frankston, about 30 to 35 minutes by car. Much of the work can be done by phone, video and email, so you may only need to come in to sign documents.
Yes. Radek Dajer speaks Polish and can take your instructions and explain your documents in Polish. See our Polish-language services.
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Talk to us about your Red Hill, Main Ridge and Arthurs Seat matter
Tell us briefly what has happened or what you are planning. We reply to every enquiry within one business day, by phone, email or text, whichever you prefer.
What happens next
- Send the form.
- We reply within one business day.
- We arrange a time to talk, or ask for any information or documents we need first.
Prefer to talk? Call 1800 776 529, Monday to Friday, 9:00am to 5:30pm.