Areas we serve / Mornington Peninsula / Rye
Lawyers and solicitors for Rye
Holiday homes, buying and selling, building and renovating, and estates for Rye clients, from our Frankston office about 40 minutes away.
What we do for Rye clients
Choose what you need help with. Each one opens the detail further down this page.
Legal services for Rye clients
Rye grew from lime burning into a holiday town, with a bay beach, an ocean beach on Bass Strait and a timber pier rebuilt between 2022 and 2024. More than half of its homes were unoccupied on Census night in 2021, many of them holiday houses.
We act for owners of holiday homes and permanent homes, for buyers and sellers, for owners building or renovating, and for executors of estates with property in Rye. Radek Dajer, our principal solicitor, acts personally on each matter, in English or in Polish. Much of the work can be done by phone, video and email.
Local note
South East Water’s pressure sewer is available to connect now in Rye. Owners who connect arrange a licensed plumber, pay a connection fee and decommission the septic tank.
Owning a holiday home
What to check with a holiday house
A holiday house in Rye comes with its own taxes, registrations and family questions. Check these points whether you use it yourself, rent it out or share it.
Tap or point to the gold markers on the drawing.
Holiday homes, property and estates in Rye
Choose a topic to see what it involves and how we help.
Taxes, registrations and agreements for holiday houses, whether you use them yourself, rent them out or share them.
- Short stay levy: since 1 January 2025 a 7.5% levy applies to bookings of less than 28 days, unless the property is someone’s principal place of residence. The booking platform collects it, or the owner for direct bookings.
- Shire registration: short stay rentals must be registered each year under the Shire’s Short Stay Rental Accommodation Local Law 2022, with a contact person and the registration number in your advertising.
- Empty homes: vacant residential land tax applies to homes left empty for more than six months of a year. A holiday home used by the owner for at least four weeks may be exempt, but the conditions need checking every year.
- Land tax: a holiday home is not your principal place of residence, so it usually counts towards your land tax.
Contract and section 32 review, auctions and private sales, and settlement for holiday and permanent homes.
- Before you sign: we check the contract, the section 32 statement and the planning controls on the land, including any landslide, bushfire or other overlay, and suggest changes while you can still negotiate.
- Cooling-off: for many private sales of residential property, you have 3 clear business days after signing to end the contract. There is none at a publicly advertised auction.
- Land tax at settlement: for most sales, a seller can no longer pass land tax on to the buyer.
- Sewer or septic: check whether the house is connected to sewer or still has a septic system. South East Water’s pressure sewer is available to connect now in Rye.
Permits, contracts and checks for new homes, extensions and renovations in Rye.
- Landslide controls: since 6 January 2026, an interim Erosion Management Overlay (EMO7) has covered land the Shire has mapped as highly susceptible to landslides. Most works will likely need a planning permit, usually with a geotechnical report.
- Mapping under review: the interim overlay runs until 6 January 2027. In August 2026 the Shire asked the Minister to approve new mapping that would cover about 6,000 properties instead of about 33,000.
- Bushfire: parts of Rye are in a Bushfire Prone Area, where new homes and extensions must generally meet bushfire construction standards, and a Bushfire Management Overlay applies to some land.
- 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.
- The building contract: for a major domestic building contract you can usually withdraw within 5 clear business days after receiving a signed copy.
Probate and estate administration where the estate includes a holiday house.
- Is a grant needed? A holiday house in the deceased’s sole name usually needs a grant of probate before it can be sold or transferred. Property owned as joint tenants passes to the surviving owner.
- Family provision claims: must generally be filed within 6 months after the grant of probate or letters of administration.
- Planning ahead: if you want the family beach house kept or sold after you die, say so clearly in your will, to reduce the risk of a dispute.
Owners who live elsewhere
Many Rye owners live in Melbourne or further away. Much of the work can be done by email, phone and video, so you may only need to come in to sign documents.
Selling a holiday home
Selling in Rye, step by step
What happens from listing to settlement, including the points that come up with holiday houses.
01
Prepare the contract
We prepare the contract of sale and the section 32 statement, including the planning controls and any heritage overlay, so the campaign can start on time.
02
Tax clearance
Most sellers now need an Australian Taxation Office clearance certificate by settlement, whatever the price. Apply early, because it can take some weeks to issue.
03
Short stay bookings
If the house is listed for short stays, plan when to stop taking bookings, and deal with any bookings that fall after settlement before you sign.
04
Adjustments
Council rates and water charges are apportioned between buyer and seller. For most sales, a seller can no longer pass land tax on to the buyer.
05
Settlement
Settlement happens electronically through a platform such as PEXA, so you do not need to attend. Once it is confirmed, the agent can release the keys.
How we work
Visit us from Rye
435 Nepean Highway, Frankston VIC 3199
Monday to Friday, 9:00am to 5:30pm, by appointment
From Rye
About 40 minutes by car via the Mornington Peninsula Freeway and Peninsula Link.
By bus
Route 788 runs from Portsea through Rye to Frankston station, a short walk from our office.
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.
If you rent it out for short stays, yes. The Shire’s Short Stay Rental Accommodation Local Law 2022 requires yearly registration, a contact person who responds to neighbours’ complaints within two hours, and the registration number in your advertising. The state short stay levy is separate.
Usually. A holiday home is not your principal place of residence, so it usually counts towards your land tax. Vacant residential land tax can also apply if the home is empty for more than six months of a year, unless an exemption applies.
Often. South East Water says its pressure sewer is available to connect now in Rye. The owner arranges a licensed plumber, pays a connection fee and decommissions the septic tank. When you buy, we check what the section 32 statement says about services.
Start with how the title is held and anything you agreed. A written co-ownership agreement covering costs, use and a buy-out avoids most disputes. If co-owners cannot agree, VCAT can make orders about co-owned land, including an order for its sale, under the Property Law Act 1958 (Vic).
Yes. Much of the work can be done by email, phone and video, and we can arrange signing when you are next on the Peninsula or near our Frankston office.
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 Rye 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.