Practice Areas / Property Development & Subdivisions
Property Development & Subdivision Lawyers
Subdivisions, development agreements and off-the-plan sales for landowners and developers across Melbourne, Frankston and the Mornington Peninsula, with advice available in Polish.
Developing land in Victoria
Whether you are splitting a suburban block into two lots or building a row of townhouses, the legal work runs alongside the planning, finance and construction: how the project is owned, what the council and authorities require, and how the finished lots are sold.
We act for landowners and developers on residential and commercial projects, working with your town planner, surveyor and accountant. Radek Dajer acts personally for each client and can advise in Polish.
How we help with property development
Development structures
Joint ventures, development management agreements and profit-sharing arrangements between landowners, developers and investors, documented before work starts.
Sites and planning
Conditional contracts and options for development sites, planning permit conditions, section 173 agreements and infrastructure contributions.
Subdivisions
Two-lot, multi-lot and staged subdivisions, from the plan of subdivision through the statement of compliance to registration and lot sales.
Off-the-plan sales
Off-the-plan contracts and disclosure for apartments, townhouses and land, including deposits, sunset clauses and owners corporation documents.
Structures, sites and planning
Many development disputes trace back to an agreement that never said who bears which risk. We document the arrangements between the parties first, then deal with the land and the approvals.
- Development agreements: joint ventures, development management agreements and profit-sharing arrangements, covering funding, decisions, cost overruns and what happens if a party wants out.
- Site acquisitions: contracts subject to planning approval, options and put and call arrangements, with due diligence on title, covenants, zoning and overlays.
- Planning permits: advice on permit conditions and reviews at VCAT, working with your town planner. Victoria’s planning laws are being reformed in stages through 2026 and 2027, so confirm the current pathway early.
- Section 173 agreements: agreements with council under the Planning and Environment Act 1987 (Vic) that bind future owners, and the Growth Areas Infrastructure Contribution in Melbourne’s growth areas.
- Tax: GST, including the margin scheme, and windfall gains tax under the Windfall Gains Tax Act 2021 (Vic) where rezoning lifts land value by more than $100,000. Your accountant should advise on the tax position, and we work alongside them.
Selling off the plan
Off-the-plan sales are closely regulated by the Sale of Land Act 1962 (Vic). A contract that does not comply can give buyers a right to walk away, sometimes years into the project.
- Contracts and disclosure: the statutory notices, the section 32 statement, the proposed plan of subdivision, owners corporation rules and budget, and disclosure of works affecting the land.
- Deposits: no more than 10% of the price, held in trust by the vendor’s lawyer, conveyancer or agent until the plan of subdivision is registered.
- Changes and delays: buyers must be told of amendments to the plan within 14 days, and may rescind if the plan is not registered within 18 months or the period the contract sets.
- Developer bonds: for apartment buildings of four or more storeys with a building permit issued from 1 July 2027, the developer must lodge a bond, generally 2% of the build cost, before applying for an occupancy permit, under the Building Act 1993 (Vic).
Sunset clauses need consent or a court order
A developer cannot end a residential off-the-plan contract under a sunset clause just because the date has passed. It must give each buyer at least 28 days’ written notice with reasons and obtain their written consent, or apply to the Supreme Court, and it usually pays the buyer’s costs of that application.
Subdivisions and owners corporations
A subdivision under the Subdivision Act 1988 (Vic) moves through several stages before new titles issue. We coordinate the legal steps with your surveyor and the council so lots can be sold and settled once titles are available.
- Plan of subdivision: prepared by a licensed surveyor and certified by the council after referral authorities respond. A certified plan remains valid for 5 years.
- Conditions and works: permit conditions, engineering works, authority requirements and any public open space contribution.
- Statement of compliance and registration: once the conditions are met, the council issues a statement of compliance and the plan is lodged with Land Use Victoria for registration.
- Owners corporations: required where the plan creates common property. We prepare rules and advise on lot entitlement and lot liability under the Owners Corporations Act 2006 (Vic).
- Developer duties: the initial owner must act in good faith in the owners corporation’s interests, cannot be appointed its manager, and must not propose an unreasonable or unsustainable budget.
Planning a development or subdivision?
Book a consultation early, ideally before you sign for a site or commit to a joint venture, so the structure and contracts support the project from the start.
Common questions
Can’t see your question? Call 1800 776 529 or send us a message.
Usually a planning permit, then council certification of the plan of subdivision, a statement of compliance once the permit conditions are met, and registration of the plan with Land Use Victoria. Your surveyor and town planner handle the technical work. We deal with the legal documents, easements, any owners corporation and the sale of the new lots.
Yes, under an off-the-plan contract that complies with the Sale of Land Act 1962 (Vic). The deposit is capped at 10% and held in trust until registration, and buyers have rights if the plan changes materially or is not registered in time. Getting these contracts right protects the sales you have already made.
It is an agreement between a landowner and the council under section 173 of the Planning and Environment Act 1987 (Vic). It is recorded on the title and binds future owners. Councils often require one as a permit condition, for example to secure works, contributions or restrictions on use. We negotiate and review these agreements and explain their effect on later sales.
If the plan creates common property, such as a shared driveway, garden or services, it must create an owners corporation, which can be limited to particular property or services. Where there is no common property, easements and covenants may be enough. We advise on the structure before the plan is finalised.
Possibly. Selling new residential property is often a taxable supply for GST, and windfall gains tax can apply when a government rezoning increases the value of your land by more than $100,000. Both depend on your circumstances and structure, so your accountant should advise on the tax consequences before contracts are signed.
For residential apartment buildings of four or more storeys with a building permit issued from 1 July 2027, the developer must provide security, generally 2% of the build cost, before applying for an occupancy permit. It is available to fund the repair of defects identified in inspections during the first two years after occupancy. If a required bond is not provided, off-the-plan buyers may be able to rescind.
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