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Development Law

Bannermans has a team of experienced development lawyers with a wide range of industry expertise. Their specialist knowledge across residential, commercial and industrial sectors provide owners, developers, principals, contractors, subcontractors and consultants with first class end to end legal services.

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Acquisition and approvals

Bannermans has the expert legal knowledge to guide its clients through the process of acquiring property for development to obtaining formal development approval for the project.

These services include:

  • Due diligence and acquisition of property
  • Dealing with financers
  • Advising on environmental and planning laws
  • Obtaining development approval from Council and regulatory authorities
  • Negotiating with Council and regulatory authorities and carrying out appeals
  • Advice and assistance with compulsory acquisitions by government authorities, including briefing valuers and representation at Land & Environment Court proceedings
Contract Preparation
  • Advice on appropriate contracts for construction only or design and construct contracts including standards suites – AS, HIA, MBA etc. with appropriate amendments via formal instrument of agreement.
  • Prepare contract documents and negotiate terms.
  • Advice and preparation of appropriate contracts for construction only or design and construct contracts including standards suites – Australian Standards, Housing Industry Associations, Master Building Association, ABIC and Master Builders Assocation etc with appropriate amendments via formal instrument of agreement.
  • Assistance with negotiation of terms of those contracts, execution and exchange
Management of the group title scheme

We have a great deal of experience in providing guidance through the complex maze of restrictions and limitations of initial periods, handover of property and breach of statutory warranty claims.

  • Assistance with group titling advice in respect of tenancy in common, company title, strata title community title and stratum sub-divisions.
  • Preparation of negotiation of relevant materials for lodgement of these materials at the relevant government authority, including on sub-division plans, such management documents, such as, management statements and by-laws.
  • Briefing of surveyors, valuers and quantity surveyors as appropriate to prepare required documentation for registration
  • Assistance with set up of initial management documentation and meeting materials and relevant advice.
Planning approvals advice and assistance
  • Advice regarding the relevant approvals required to obtain development consent
  • Provision of planning advice
  • Advice regarding exempt, complying or development applications.
  • Preparation of town planning advice for supporting complying development application.
  • Advice and legal representation in the Land & Environment Court concerning development applications
Project legal structuring
  • Advice on appropriate corporate structure to progress development to minimise liabilities/exposure and optimise returns
Title structuring
  • Advice on the best structure for the proposed development based on its intended use – strata, stratum and BMC, simple community scheme, multi-tiered community scheme.
  • Liaising with experienced surveyors, valuers and quantity surveyors as appropriate to prepare required documentation for registration.
  • Preparation of Management Statements to regulate the recommended scheme in accordance with the applicable legislation.

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