Areas we serve / Mornington Peninsula / Sorrento, Portsea and Blairgowrie
Lawyers and solicitors for Sorrento, Portsea and Blairgowrie
Heritage homes, holiday houses, property and estates for Sorrento, Portsea and Blairgowrie clients, from our Frankston office or by video.
What we do for Sorrento, Portsea and Blairgowrie clients
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Legal services for Sorrento, Portsea and Blairgowrie clients
Sorrento was the site of the first British settlement in what is now Victoria, in 1803, and its limestone buildings along Ocean Beach Road sit in heritage precincts. Portsea runs to Point Nepean National Park, and Blairgowrie, once known as Sorrento east, grew around its yacht harbour. In 2021, between 65% and 75% of homes in the three towns were unoccupied on Census night, many of them holiday houses.
We act for owners of heritage and holiday homes, for buyers and sellers, for families who share a beach house, and for executors of estates with property on the southern Peninsula. 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.
Heritage
In 2022 the Sorrento heritage precinct was divided into commercial, foreshore, cliff-top and residential areas, each with its own Heritage Overlay, and a Back Beach Road precinct was added at Portsea.
Heritage, holiday homes and estates in Sorrento, Portsea and Blairgowrie
Choose a topic to see what it involves and how we help.
Permits and checks for properties in the Sorrento and Portsea heritage precincts and other heritage places.
- Which overlay: Sorrento’s old precinct is now split into four Heritage Overlays (HO501 to HO504), with an East Sorrento precinct (HO488), a Back Beach Road precinct at Portsea (HO470) and individual places in all three towns, including Blairgowrie.
- Permits: under the Heritage Overlay, a planning permit is needed to demolish, build, externally alter a building or paint an unpainted surface, and in some heritage places to repaint a building or remove a tree.
- Checking a property: the planning property report shows whether an overlay applies, and the Shire offers a free pre-application meeting for heritage advice.
- Buying: the section 32 statement must disclose the planning controls, including a Heritage Overlay. We explain what it means for your plans before you sign.
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 homes on the southern Peninsula.
- Before you sign: we check the contract, the section 32 statement and the planning controls on the land, including any heritage, landslide or other overlay, and suggest changes while you can still negotiate.
- Portsea foreshore: Portsea’s front beach has eroded since 2009, and a 2023 management plan expects the sandbag wall there to last another 5 to 10 years. Coastal land can carry extra controls and risks, so we check them before you sign.
- Sewer: South East Water’s pressure sewer is available to connect now in Sorrento, Portsea and Blairgowrie. Owners who connect pay a connection fee and decommission the septic tank.
- 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.
Wills, powers of attorney and estates where the family owns a house on the southern Peninsula.
- 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.
- Planning for later life: an enduring power of attorney lets someone you trust manage the house and your other affairs if you cannot. It must be made while you have capacity.
Owners who live elsewhere
Many Sorrento, Portsea and Blairgowrie 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.
Renovating a heritage house
Renovating in a heritage precinct, step by step
From the first check to finished works. We review the contracts and explain each stage, in English or in Polish.
01
Check the overlay
The planning property report shows whether a Heritage Overlay applies, and which one.
02
Talk to the Shire
The Shire offers a free pre-application meeting for heritage advice, which helps before plans are drawn.
03
Plans and permit
Your designer prepares plans for the planning permit, which is needed for demolition and external changes.
04
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.
05
During the works
Any change to the plans or specifications in a major domestic building contract must be recorded in writing and signed.
How we work
Visit us from Sorrento, Portsea and Blairgowrie
435 Nepean Highway, Frankston VIC 3199
Monday to Friday, 9:00am to 5:30pm, by appointment
From Sorrento, Portsea and Blairgowrie
About 45 to 55 minutes by car via Point Nepean Road, the Mornington Peninsula Freeway and Peninsula Link.
By bus
Route 788 runs from Portsea through Sorrento and Blairgowrie 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.
Often, but you will usually need a planning permit for demolition, external changes, and in some places painting or tree works, under the Heritage Overlay. The Shire offers a free pre-application meeting for heritage advice.
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).
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 Sorrento, Portsea and Blairgowrie. The owner arranges a licensed plumber, pays a connection fee and decommissions the septic tank.
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 Sorrento, Portsea and Blairgowrie 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.