Areas we serve / Mornington Peninsula / Tyabb
Lawyers and solicitors for Tyabb
Buying and selling, business leases, rural land, and wills and family matters for Tyabb clients, from our Frankston office about 20 minutes away.
What we do for Tyabb clients
Choose what you need help with. Each one opens the detail further down this page.
Legal services for Tyabb clients
Tyabb grew as an orchard town, and its 1914 cool store is now the Tyabb Packing House, an antiques and vintage centre. Tyabb Airfield, home to the Peninsula Aero Club and its air show, sits on the edge of the town, with homes on low density residential land nearby. Most homes are lived in all year, and many families here are paying off a mortgage.
We act for Tyabb families buying and selling, for businesses leasing shops and premises, for owners of rural land, and for families with wills and family matters. 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
The airfield operates under planning permits issued in 1965, 1972 and 1991, and in 2022 VCAT made a declaration about the operations those permits allow.
Property, leases and family matters in Tyabb
Choose a topic to see what it involves and how we help.
Contract and section 32 review, auctions and private sales, and settlement for homes in and around Tyabb.
- Before you sign: we check the contract, the section 32 statement and the planning controls on the land, including any overlay, and suggest changes while you can still negotiate.
- Aircraft noise: homes near Tyabb Airfield can be affected by aircraft noise and air show days, and the Shire says the airfield’s permits have no noise conditions. Visit at different times before you sign.
- 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.
Leases of shops, stalls and business premises, for landlords and tenants.
- Retail or not: the Retail Leases Act 2003 (Vic) covers many shops and service businesses. Offices, warehouses and factories are often outside it, and then the lease itself governs.
- Disclosure: the landlord must give a retail tenant a disclosure statement and the proposed lease at least 14 days before the lease is entered into.
- Minimum term: a retail lease, including options, must generally run for at least 5 years, unless the tenant obtains a certificate from the Small Business Commission.
- Selling the business: a retail landlord may refuse consent to an assignment only on limited grounds, and is taken to consent if it does not respond within 28 days of a complete request.
Buying, selling and building on rural land around Tyabb.
- 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.
- 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.
Wills for young families, and separation.
- Guardians: your will can appoint guardians for your children if both parents die.
- Testamentary trusts: a trust created by your will to protect young or vulnerable beneficiaries and control when they receive their inheritance.
- Separation and divorce: separate legal steps under the Family Law Act 1975 (Cth). You do not need to be divorced to settle property or parenting arrangements.
- Time limits: married couples must apply to the court within 12 months after their divorce takes effect; de facto couples within 2 years after the relationship ends.
Buying near the airfield?
Visit on a weekday and a weekend, and read the section 32 statement for the zone and overlays. We can explain what the planning controls allow before you sign.
Buying a home
Buying in Tyabb, step by step
From the first look at the contract to getting the keys. We explain each step, in English or in Polish.
01
Before you sign
We check the contract, the section 32 statement and the planning controls, and suggest changes while you can still negotiate.
02
The neighbourhood
Near the airfield, visit on a weekday and a weekend. Check the zone of nearby land, which affects what can be built or operated there.
03
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.
04
Duty and finance
We calculate the duty, claim any concession you are entitled to and work with your lender on the settlement date.
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 Tyabb
435 Nepean Highway, Frankston VIC 3199
Monday to Friday, 9:00am to 5:30pm, by appointment
From Tyabb
About 20 minutes by car via the Frankston-Flinders Road.
By train
The Stony Point line runs from Tyabb 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.
Yes. The Shire says it operates under three planning permits issued in 1965, 1972 and 1991, and in 2022 VCAT made a declaration about the operations they allow. If you are buying nearby, check the planning controls and visit at different times.
Often. The Retail Leases Act 2003 (Vic) covers premises used wholly or mainly for the retail sale or hire of goods or the retail provision of services. Whether it applies is a question of fact and law, and we can advise on your lease.
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 will lets you appoint guardians for your children and leave your estate through a testamentary trust that controls when they inherit. Without one, the intestacy rules decide who inherits.
Our office is at 435 Nepean Highway, Frankston, about 20 minutes by car, or a short walk from Frankston station on the Stony Point line.
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 Tyabb 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.