Property Development

NSW Planning Law is constantly changing. Recent legislative amendments have complicated rather than simplified the process of obtaining approval for developments. The new liberal government is proposing to completely overhaul the planning laws. There is a steady roll-out of new local environmental plans for all Council areas. The lawyers in our Town Planning Division understand the effect of changes and are familiar with the documents controlling the development of land. They bring a commonsense and practical approach to guiding clients through the maze of legislation, planning instruments and case law.

The division is led by Josh Bignell.

The work often involves meeting and collaborating with other consultants in the early stages of the development process to ensure that the path of an application through council is as smooth as possible. However, if there are problems, the lawyers in the division can provide advice and appear in proceedings in the Land and Environment Court.

Property Development

RMB has been performing high level property work in regional NSW for over 135 years. Specifically, we have broad and deep experience in performing all aspects of property development work for developers.

RMB understands that before you can make a profit you have to negotiate the full gamut of issues ranging from:

  • Local Council process to State Government intervention;
  • actions by anti-development interest groups exploiting Environmental Planning & Assessment Act requirements;
  • remediation regimes;
  • increased conservatism and demands by banks;
  • increases in construction and materials costs;
  • the GST regime;
  • the complexities surrounding holding costs of land and land banking; and
  • an often fickle property market.

RMB understands that in many ways the initial purchase of a development site is crucial with respect to price, zoning and bank finance. We know that the timely passage of the development through the development approval process, timing on sale and having a good overall cost containment strategy is fundamental to success. In the past lawyers have been seen by developers as expensive, slow and not in touch with the commercial environment but that will not be your experience when you have RMB on the team. RMB’s elite Property Development Team are absolutely in touch with the commercial environment and are able to deliver top quality advice and service, on time every time, at agreed fixed fees.

The assistance we are able to provide includes but is not limited to the following:

  • Purchase of development sites including pre-purchase due diligence
  • Advising in relation to Gateway procedures to upzone land to allow development
  • Structuring of purchase entities
  • Advice on easement and restrictive covenants
  • Negotiation of finance
  • Joint venture and shareholding arrangements
  • Development application – analysis and submission, liaising with Council and unblocking problems
  • Subdivision
  • Negotiating Planning Agreements with Council and State agencies
  • Working with planning consultants
  • Subscription arrangements
  • Negotiating options in contracts and conditions of sale
  • Liaison with banks and valuers
  • Planning the development timeline to ensure the product goes on sale at the preferred timing
  • Construction contracts
  • Subcontractor contracts
  • Sales off the plan
  • Land & Environment disputes resolution
  • NCAT
  • Contractor disputes
  • Building and Construction Security of Payments Act considerations
  • Insurance disputes
  • Sales in bulk
  • Torrens, strata and community titles
  • Land and environment issues
  • Negotiation with Government
  • After sales issues

If you would like to contact one of our expert team, please feel free to contact us by calling 1800 681 211.