Property Development

Our Property Development Lawyers can assist with due diligence, property transactions, development planning, construction agreements and administration, sales and leasing, and dispute resolution.

Maximising profits from Property Developments involves careful planning and feasibility, well documented and administered Transaction Agreements and Construction Contracts and the avoidance of disputes.

Our experienced Property Development & Construction Lawyers assist both small and large developers to successfully complete commercial and residential property developments and subdivisions.

Whether it’s choosing the right structure, securing the deal, obtaining approval from the Council, formalising funding and pre-sales and leasing, making and administering construction contracts, or completing final sales or leasing, we’ve got the experience and answers that you need.

If you have questions about a proposed development or investment opportunity, contact us today for a Free Case Evaluation.

Types of Property Developments

We assist developers with small and large property developments including:

  • Subdivisions of residential land,
  • Duplexes, Townhouse and Terrace developments,
  • Residential Apartment developments and Strata Title subdivisions,
  • Commercial and Industrial property developments and subdivisions, and
  • Staged Strata Developments

How We Help

Our experienced Property, Commercial and Construction Lawyers work as a team to deliver the expertise and legal advice our property developer clients need at each stage of their developments including:
  • Planning

  • Pre-Purchase Due Diligence

  • Acquisition of Land

  • Development Approval

  • Off the Plan Sales / Leasing and Funding

  • Construction and Project Management

  • Occupation Certificates & Subdivision

  • Completion


Our property development planning services include advice and assistance in relation to:

  • Structuring,
  • Development planning,
  • Tax planning;
  • Funding and Capital Raising strategies,
  • Incorporation of Companies and establishing Unit Trusts and Discretionary Trusts,
  • Management Agreements, Partnership Agreements, Shareholder Agreements, Company Constitutions, Information Memorandums and Investor Share/Unit Subscription Deeds.


Pre-Purchase Due Diligence

Our pre-purchase due diligence services include advice and assistance in relation to:

  • Investigations of properties, titles and affectations to evaluate development options,
  • Local Environmental Plans and Development Control Plans, and
  • Negotiations with adjoining owners.
Acquisition of Land

Our acquisition of land services include advice and assistance in relation to:

  • Purchases of land at auction or by private treaty,
  • Option Agreements,
  • Rights of First Refusal, and
  • Joint Venture Agreements and Development Agreements
Development Approval

Our development approval services include advice and assistance in relation to:

  • Project Management Agreements,
  • Planning Agreements,
  • Development Applications,
  • Development Approvals and conditions,
  • Applications for Modification of Consents, and
  • Disputes with Councils.
Off the Plan Sales / Leasing and Funding

Our sales, leasing and funding services include advice and assistance in relation to:

  • Contracts for the Sale and Purchase of Land including Developer Special Conditions and Strata Plan By-Laws,
  • Off the plans sales,
  • Agreements for Lease,
  • Loan Facility, Security Agreements and Mortgages,
  • Subscriptions and issues of Shares or Units to investors.
Construction and Project Management

Our construction and project management services include advice and assistance in relation to:

  • Project Management Agreements,
  • Construction Contracts,
  • Design & Construct Contracts,
  • Contracts administration,
  • Responding to Payment Claims and Adjudication Applications under the Building and Construction Industry Security of Payment Act,
  • Building defects and delay claims, and
  • Dispute resolution and damages claims.
Occupation Certificates & Subdivision

Our subdivision services include advice and assistance in relation to:

  • Occupation Certificates and Interim Occupation Certificates,
  • Strata Building Bond and Inspection Scheme,
  • Subdivision Certificates,
  • Section 88B Instruments including Easements, Restrictions on the Use of Land,
  • Rights of Way and Rights of Carriageway,
  • Strata Plan By-Laws, and
  • Plans of Subdivision

Our property development completion services include advice and assistance in relation to:

  • Completion of off the plan sales,
  • Sales and Leases of completed properties,
  • Discharges of Mortgage and release of other securities,
  • Recovery of Strata Building Bonds, and
  • Deregistration of Companies and Determination of Trusts.

Sam Roberts has assisted our Company in relation to a range of issues relating to a large Property Development.

“The quality of advice and results achieved have been greater than I originally expected when our Company first made the move to Roberts Crosbie Mortensen Lawyers.”

TIA Properties Pty Limited

The Roberts Crosbie Mortensen team have assisted us with a myriad of matters.

“Having worked with Amanda, we are pleased with her service and confident in her advising.”

Sarah B

At all times the service was very prompt and efficient.

“My company recently engaged Sam Roberts and Roberts Legal to act on its behalf in relation to the sale of two (2) commercial properties at Dubbo. I found that Sam understood everything in relation to my business and acted extremely fast on anything that needed to be done.

Sam and his team helped our company overcome a major stumbling block in relation to our sales which meant that the sales of our significant commercial properties could proceed. Without Sam’s assistance the loss of the sales and impediment of the stumbling block would likely have cost our company hundreds of thousands of dollars.

Even my commercial agent who deals with many Solicitors and law firms commented on how efficient Sam and his team were.

I found Sam to be very professional in the matter that he has acted. For a young fellow he has done extremely well.”

Nik Shalimov
Dubbo Developments Pty Limited

Sam & the team are prompt, efficient and completely knowledgeable regarding property and construction law.

“I have used Roberts Crosbie Mortensen Lawyers on several occasions on both a business and personal level. I have recommended Roberts Crosbie Mortensen Lawyers in the past to friends and will continue to do so.”

Matthew Kearney
Partner, Commercial Collective

We are happy clients and would recommend you to start communicating with them for your legal needs.

“We had a great experience working with Jack and Christa over our case. The Roberts Crosbie Mortensen team are definitely experts in their field and their approach were professional, concise and right on target.”

Stefanus Valen

We are absolutely thrilled with the result Roberts Crosbie Mortensen achieved for our company!

“After a long battle over a very large sum of money, Ned achieved the best possible outcome for us. He was incredibly professional, while at the same time extremely patient and easy to talk to. We could not fault our experience with Roberts Crosbie Mortensen and would recommend them without hesitation.”

Would highly recommend Roberts Crosbie Mortensen.

“Would highly recommend Roberts Crosbie Mortensen, they have provided valuable support and advice!

We have been extremely pleased with the services provided, we have no hesitation referring Roberts Crosbie Mortensen to other business associates.”

Patrick C

Security of Payment Guide

Get Paid. When it matters most. The essential tool for every business owner in the building and construction industry.

Home Building Act Guide

An introduction to contractor licensing, statutory warranties, mandatory contracting requirements and insurance under the Home Building Act 1989 (NSW).

Work Health & Safety Guide

An introduction to PCBUs’ duty of care and Officers’ duty to exercise due diligence under the Work Health & Safety Act NSW (2011).

More Accredited Specialists in Commercial litigation than 99% of all law firms in NSW.

Our Property Development Lawyers

Frequently Asked Questions

What is a Building Bond & When is it Required?

In accordance with section 207 of the Strata Schemes Management Act 2015 (NSW), a developer (not the builder) of a strata scheme in NSW must pay a “building bond” into the Strata Building Bond and Inspections Scheme if building work is being carried out on strata properties that are four (4) storeys or higher and are partially or wholly residential in nature. The amount of the building bond is 2% of the relevant contract value. That is, the total price as at the time of issuing the occupation certificate, or alternatively, if no contract exists, the contract price determined by a quantity surveyor or the Tribunal.

The purpose of the building bond is to secure funding for the payment (up to the amount secured by the bond) of the costs of rectifying defective building work. The bond is unconditional and is payable on demand. If the bond is not used, it is returned to the developer.

Of note, a building bond is payable in circumstances where insurance under Part 6 of the Home Building Act 1989 is not required.