Property Law Brisbane

Our services

⁰¹ Acquisition Legal Due Diligence

Comprehensive risk review before commitment

We run full title and plan searches, check easements, covenants, caveats, and outstanding interests, and map planning overlays (flood, heritage, bushfire, transport corridors) that may impact use or value. Environmental and contamination registers are reviewed alongside infrastructure charges, building certifications, and body corporate records where applicable. We also look at access rights, utilities, and service easements, plus any statutory notices or compliance gaps flagged by council. Findings are prioritised in a red–amber–green matrix so you know what is critical, what is manageable, and what can be negotiated.

Negotiation and contract protection

We craft and negotiate special conditions for due diligence, finance, building and pest, and any bespoke technical assessments, ensuring you have clear termination, extension, and price adjustment rights. Key clauses (warranties, indemnities, limitation of liability, assignment and novation) are tuned to protect against hidden defects and third-party claims. We align contract timetables with lender, insurer, and consultant milestones to prevent cost leakage or default. Where risks emerge, we secure seller undertakings, retentions, or escrow to bridge gaps and preserve value.

Clear reporting and actionable advice

You receive an executive summary that explains what the risks mean in plain language, a detailed search pack appendix, and a schedule of recommended amendments. We include deal-breakers, negotiation levers, and a practical roadmap with owners’ corporation, council, and utility touchpoints. Our team provides a board-ready brief with commercial implications and next steps, then moves swiftly to implement agreed changes. The outcome is decisions made with certainty, no loose ends, no surprises.

⁰² Property Development & Planning

Navigating Queensland planning frameworks

We assess zoning, overlay constraints, and permissible uses under local planning schemes, and map how State Planning Policy and regional plans influence your proposal. Our advice covers feasibility impacts of infrastructure charges, traffic and stormwater requirements, and any environmental or heritage constraints. Where helpful, we coordinate pre-lodgement meetings with council to surface issues early and calibrate design responses. The objective is to convert regulatory complexity into clear pathways to approval.

Securing approvals and managing conditions

We prepare and lodge development applications, negotiate conditions with council and state agencies, and resolve technical inputs (traffic, hydrology, bushfire, ecology) with your consultants. If objections arise, we handle submissions, community consultation, and changes to minimise delay. Post-approval, we manage condition discharge, plan sealing, and operational works approvals, tracking dependencies so construction can commence on time. Where conditions are impractical, we pursue change applications, time extensions, or alternatives that preserve project viability.

Strategic advice for project success

We help structure staging, titling (strata/community titles), easements, and development agreements to support funding and sales. Utility connection agreements, access arrangements, and shared facility management statements are documented to avoid future disputes. A live risk register ties planning tasks to commercial milestones, ensuring feasibility is protected. Throughout, our guidance balances compliance with commercial outcomes, so approvals don’t just arrive, they arrive in a form that works for your project.

⁰³ Project and Commercial Conveyancing

Handling complex transactions with precision

We manage end-to-end conveyancing for large projects and commercial assets, from heads of agreement and contracts through conditions precedent, due diligence, and completion. Our work covers GST and stamp duty positioning, complex warranties and indemnities, tenant estoppels, service contract assignments, and securities release. Data rooms are organised for efficient reviews, and document version control ensures alignment across advisors. We anticipate pinch points and turn them into carefully staged tasks so momentum is never lost.

Stakeholder coordination and timeline control

A critical path timetable aligns lenders, insurers, tenants, agents, authorities, and your internal teams. We track contingencies, target dates, and dependencies, and run weekly status calls with clear action owners and escalation paths. Where third-party consents are required (lender, landlord, authority), we chase early and secure documentary evidence to prevent last-minute stalls. The focus is disciplined execution, every deliverable verified, every party informed, every date met.

Risk mitigation and compliance assurance

We undertake gap analyses against contractual obligations, verify completion deliverables (keys, codes, manuals, warranties), and ensure statutory and regulatory certificates are in place. Where issues surface, solutions include escrow arrangements, deeds of indemnity, holdbacks, or post-completion undertakings with measurable timeframes. Compliance is documented through signed estoppels, assignments, releases, and completion statements that stand up to audit. You finish with a clean file and a defensible record of every decision.

⁰⁴ Buying Commercial Property

End-to-end legal support for acquisitions

We review the contract (REIQ or bespoke), align it with your strategy, and map risks against permitted use, future works, and finance conditions. Our checks include title, planning, building compliance, fire safety, and essential services, plus any outstanding notices or orders. Where the property is tenanted, we analyse rent schedules, options, incentives, and arrears to ensure income aligns with expectations. Every step is documented so procurement, finance, and operations have the clarity they need.

Detailed checks and risk management

We interrogate leases, service contracts, maintenance obligations, and vendor representations, and test assumptions in the rent roll against actual payments and reconciliations. Environmental and contamination risks are evaluated alongside structural and services reports, with targeted expert input where needed. If risks are found, we negotiate price adjustments, rectification undertakings, or settlement conditions that safeguard your position. You receive a clear view of liabilities and the tools to control them.

Negotiation and settlement certainty

We negotiate amendments to special conditions, warranties, indemnities, and assignment mechanics to remove ambiguity. A settlement checklist locks down deliverables, adjustments (rates, water, land tax), and lender requirements, and we run mock calculations early to avoid last-minute surprises. On the day, we coordinate PEXA/e-settlement or physical completion, verify funds flow, and ensure keys, codes, and documents exchange correctly. Post-completion, we register title, notify stakeholders, and close out undertakings so nothing lingers.

⁰⁵ Selling Commercial Property

Preparing disclosure-compliant contracts

We compile an information pack covering title, encumbrances, plans, building compliance, service contracts, and tenancy schedules, and draft a contract that reflects the asset’s realities. Seller warranties are tuned to what you can substantiate, with clear limits, caps, and timeframes. Disclosures address known defects, notices, and historical works to reduce requisitions and protect against misrepresentation claims. The aim is a transparent, defensible sale that invites confidence from buyers.

Managing negotiations and timelines

We respond quickly to buyer queries, control amendments to preserve your risk settings, and enforce dates for due diligence, finance, and completion. Requisitions are triaged, with pragmatic solutions (clarifications, undertakings, price adjustments where sensible) that keep deals moving. We maintain exclusivity discipline and manage side conversations to avoid scope creep or deal fatigue. Throughout, communication is proactive so agents and stakeholders stay aligned.

Settlement coordination and issue resolution

We choreograph discharge of mortgages, releases of securities, tenant notices, and assignment of service agreements. Adjustments are verified ahead of time, settlement statements reconciled, and deliverables checked (keys, codes, manuals, warranties, logs). If obstacles emerge, we deploy escrow, retentions, or targeted undertakings to bridge gaps without delaying completion. After settlement, we confirm payouts, deliver final statements, and close the file cleanly.

⁰⁶ Leasing Out Your Commercial Property

Drafting robust lease agreements

Leases are drafted to clearly set rent structures (base, percentage, CPI or market reviews), outgoings, maintenance responsibilities, and default remedies. Fit-out rules, make-good obligations, assignment/subletting controls, and options are calibrated to your asset strategy. We embed practical operational clauses on access, signage, storage, parking, and essential services so day-to-day management is straightforward. The result is a lease that protects revenue and minimises dispute vectors.

Compliance with leasing laws

We ensure compliance with Queensland retail and commercial leasing legislation, including accurate disclosure, mandated timeframes, and prohibited clauses for retail premises. Documents are aligned with building compliance (fire, essential services, accessibility) so obligations don’t conflict. Where your premises straddle retail and commercial, we structure the paperwork to meet both regimes cleanly. Compliance is treated as risk control, reducing the chance of future challenges or costly rework.

Ongoing support and risk management

We provide templates and workflows for rent reviews, arrears, breach notices, and variations, and advise on options, renewals, and incentive negotiations. If disputes arise, we pursue practical resolutions, from payment plans to mediated outcomes, before considering enforcement. Insolvency and guarantor risks are anticipated with appropriate securities (bank guarantees, deposits) and clear enforcement clauses. Our aim is stable occupancy and predictable cashflow over the life of the lease.

⁰⁷ Leasing Premises For Your Business

Reviewing and negotiating lease terms

We examine the permitted use, exclusive use rights, floor area accuracy, landlord works, and incentive structures to ensure the lease supports operations. Outgoings are capped or clarified, make-good obligations right-sized, and maintenance split fairly between base building and tenant responsibilities. We negotiate signage, storage, parking, delivery windows, and essential services so the premises function day-to-day without friction. Every clause is translated into practical, plain-language impacts before you sign.

Protecting against hidden costs

We surface refurbishment traps, relocation and demolition rights, abnormal outgoings, and unexpected compliance costs (fire, accessibility, essential services) that can erode margins. Rent review mechanics are stress-tested against market conditions, and sub-metering and utility pass-throughs are clarified. Where risks exist, we negotiate carve-outs, caps, or landlord undertakings that restore balance. The objective is cost visibility and dependable occupancy costs.

Securing flexibility for business growth

Options to renew, expansion and contraction rights, and assignment/subletting mechanics are set to match your growth plans. Co-tenancy, turnover rent, and relocation clauses are sharpened to protect trading continuity, and break rights are considered where strategic. We plan for future changes, fit-out upgrades, technology needs, service capacity, so the lease won’t constrain you later. You secure premises that fit now and won’t box you in as the business evolves.

⁰⁸ Brisbane Property Transactions

Local expertise for seamless transfers

We manage Queensland-specific processes across residential and commercial transfers, from initial contract review to settlement and registrations. Timetables, conditions, and deliverables are tracked so cooling-off rights, finance approvals, and special conditions are met without missteps. We translate search packs and reports into plain language, and calibrate actions with lenders, agents, and authorities. Communication is proactive so buyers and sellers always know next steps.

Compliance with state-specific requirements

Contracts and disclosures are checked against Queensland requirements, and settlement mechanics are aligned with e-conveyancing or physical completion as needed. We verify statutory certificates, body corporate records, and rates/water/land tax positions so adjustments are accurate. Where unique overlays or notices apply (heritage, flood, development), we address them through conditions, undertakings, or price mechanisms. Compliance is embedded in the workflow, preventing delays and avoiding unnecessary cost.

Smooth settlement and post-completion support

We choreograph exchange, settlement, and registrations with lenders and Titles Queensland, verifying statements and adjustments early to avoid last-minute surprises. Deliverables (keys, codes, manuals, strata records, service agreements) are validated and handed over cleanly. After completion, we lodge title registrations, issue required notices (tenants, body corporate, utilities), and close out any transitional tasks. The outcome is a precise transfer of ownership, clear records, accurate adjustments, and no loose ends.

Our Expertise and Experience

With a deep understanding of the Queensland property market and its unique regulatory requirements, Chamberlains Lawyers is equipped to provide expert advice across all facets of property law. Our specialist property lawyers combine technical precision with practical, commercially focused solutions, ensuring that every transaction, from residential conveyancing to complex commercial acquisitions, is handled efficiently and with minimal stress for our clients.

We don’t just manage paperwork; we anticipate risks, negotiate protections, and align legal processes with your financial and operational goals. Whether you’re buying, selling, leasing, or developing property, our team ensures compliance with Queensland legislation while safeguarding your interests at every stage.

Our expertise includes:

Commercial Property Transactions: We manage intricate commercial property sales, purchases, and leases, ensuring contracts, disclosures, and settlement obligations are executed flawlessly.
Property Development: From zoning and planning approvals to infrastructure agreements and titling strategies, we help developers navigate Queensland’s regulatory landscape with confidence.
Property Disputes: We resolve disputes involving ownership, boundaries, easements, and contractual breaches through negotiation, mediation, or litigation, always aiming for efficient, cost-effective outcomes.

Client-Centric Approach

At Chamberlains Lawyers, we believe property law is not just about compliance, it’s about clarity and confidence for our clients. Every client’s needs are unique, so we tailor our services to match your objectives, timelines, and risk appetite. Our lawyers take the time to listen, explain, and guide you through every step, translating complex legal requirements into plain language.

We prioritise proactive communication, so you’re never left wondering what’s next. Whether you’re handling a straightforward property transfer or navigating a multi-million-dollar development, our team ensures you feel supported and informed. Our goal is simple: to deliver outcomes that protect your interests and empower you to make decisions with certainty.

Conducting Thorough Due Diligence

Due diligence is the foundation of every successful property transaction. At Chamberlains, we treat it as a strategic process, not just a checklist. Our Brisbane property law team works meticulously to uncover potential risks, liabilities, and restrictions before you commit, providing actionable insights that protect your investment and prevent costly surprises.

We go beyond standard searches, integrating legal, financial, and operational considerations into a single risk profile. This means you don’t just know what the risks are, you know what they mean for your deal and how to manage them.

Title Verification

We confirm clear ownership, identify registered encumbrances such as mortgages, caveats, and easements, and ensure property boundaries align with title documents. Our checks also cover historical dealings, restrictive covenants, and any pending registrations that could impact your rights.

Zoning and Planning Compliance

Our team assesses zoning regulations, planning approvals, and overlays (heritage, flood, bushfire, transport corridors) to confirm the property aligns with your intended use. We also review development conditions, infrastructure charges, and future rezoning risks to ensure long-term viability.

Building Compliance Checks

We verify compliance with building codes, fire safety standards, and accessibility requirements. Our review identifies unauthorised structures, outstanding notices, and structural integrity concerns, helping you avoid unexpected rectification costs.

Environmental and Financial Assessments

From contamination risks and environmental constraints to outstanding rates, land tax, and strata levies, we provide a full financial and environmental picture before you proceed. We also assess service contracts and utility arrangements to prevent hidden liabilities.

Easements and Boundary Concerns

Easements and boundary issues can derail property transactions if not managed correctly. Our team has extensive experience advising on easement creation, variation, and termination, as well as resolving disputes over boundaries, encroachments, and adverse possession claims.

We provide:

Easement Creation and Termination: Drafting and registering easement agreements that are legally sound and commercially practical.
Boundary Dispute Resolution: Negotiating and mediating disputes to avoid litigation where possible, while protecting your property rights.
Property Rights Advice: Clarifying rights and obligations for owners, tenants, and adjoining landholders to prevent future conflicts.

Why Choose Chamberlains Property Lawyers?

Specialised Knowledge: Expertise across residential, commercial, and industrial property matters, including complex development projects.
Tailored Advice: Practical, commercially focused solutions for individuals, businesses, and developers.
Efficient Resolution: Timely outcomes for transactions and disputes, minimising delays and cost leakage.
Transparent Communication: Clear, jargon-free advice and proactive updates at every stage.
Proven Track Record: Successful handling of high-value property sales, acquisitions, and development approvals.

Why Are Conveyancing Services Important Depending on Who You Are?

Residential Property Buyers in Brisbane

For residential buyers in Brisbane, our conveyancing services ensure your property purchase is legally sound and free from complications. We conduct thorough checks on zoning, flood risks, title issues, and council obligations to protect your investment and ensure a smooth transfer of ownership.

Commercial or Industrial Property Buyers

Commercial and industrial property transactions in Brisbane require specialised legal checks, including zoning compliance, environmental assessments, and land use restrictions. Our team ensures your business investment is secure and compliant with Queensland regulations, reducing risk and protecting your interests.

First-Home Buyers

First-home buyers in Brisbane benefit from our guidance on available grants, such as the Queensland First Home Owner Grant, and stamp duty concessions. We help you understand key contract terms, cooling-off periods, and legal obligations, making your first property purchase a confident and informed experience.

Sellers

For sellers in Brisbane, our conveyancing services ensure all legal obligations are met before settlement. We manage disclosures, contract accuracy, and compliance with Queensland property law, helping you avoid disputes and ensuring a smooth sale process.

Off-the-Plan Property Buyers

Buying off-the-plan in Brisbane involves unique risks and contract complexities. Our conveyancers review contracts thoroughly, explain sunset clauses and developer amendments, and advise on strata laws and planning permissions to protect your future ownership rights.

International Buyers

Foreign buyers face additional legal hurdles when purchasing property in Brisbane. We assist with FIRB approvals, tax compliance, and currency transactions, ensuring your investment aligns with Queensland property laws and local council requirements.

Electronic Conveyancing (e-Conveyancing) Users

For tech-savvy buyers and sellers in Brisbane, we offer secure, digital conveyancing solutions that streamline the entire process. From contract exchange to title registration and settlement, our e-conveyancing services provide speed, security, and convenience.

Next Steps for Your Property Transaction

Whether you’re buying, selling, or transferring property in Brisbane, Chamberlains is here to help. We offer a free initial consultation to understand your needs, answer your questions, and guide you through the next steps. With our fixed-fee conveyancing service, you’ll enjoy peace of mind knowing your transaction is in expert hands.

Contact our Brisbane conveyancing lawyers today for professional support and a stress-free experience.

Call us at 1300 676 823
Email us at hello@chamberlains.com.au

Contact our office:

Brisbane

Suite 406, Level 4/10 Market Street, Brisbane City QLD 4000

FAQ

⁰¹What is Brisbane property law?

Property law governs the ownership, use and transfer of real estate and other forms of property, including residential and commercial. Knowing the specific regulations and property law in Brisbane is essential to protecting your interests and preventing potential legal issues.

⁰²Do I need a lawyer when buying or selling property?

It’s not a requirement by law, but engaging a Brisbane property law firm like Chamberlains is highly recommended. They can finely examine searches, conduct due diligence, and ensure transactions comply with state and federal laws, helping you avoid costly legal disputes.

⁰³What is conveyancing and how does it work?

Conveyancing is the legal process of transferring property ownership from one person to another. A conveyancer or property lawyer reviews contracts, manages financial transactions, conducts property searches and ensures all legal requirements are met.

⁰⁴How can I ensure my Brisbane property purchase is legally sound?

Hiring a property lawyer or conveyancer can certify the contracts are accurate and conform to state and federal regulations. You should carefully review the Contract of Sale, ensure the property is free from outstanding debts and legal disputes and arrange a building and pest inspection to identify potential issues. Our Brisbane property lawyers offer all these services to help protect your interests.

⁰⁵What legal considerations should I consider when buying commercial property?

It’s important to consider tax implications such a capital gains tax, in addition to leasing agreements, zoning laws and council regulations and conduct due diligence to uncover legal risks as well as consider financing options.

⁰⁶What property law services does Chamberlains offer?

Chamberlains Brisbane lawyers able to assist you with a range of property law services, including residential and commercial conveyancing, property investment and asset protection for tax efficiency, advising on compliance to strata, leasing advice and property disputes. Reach out to our Brisbane property law firm and we’ll be happy to assist.

⁰⁷What is legal due diligence in property acquisition, and why is it important?

Legal due diligence is a thorough investigation of all legal aspects of a property before purchase. It includes reviewing contracts, verifying title ownership, checking for encumbrances, zoning compliance, and identifying any risks such as easements or restrictive covenants. This process ensures you know exactly what you’re buying and prevents costly surprises later.

⁰⁸Why is development planning advice critical for property projects?

Development planning advice helps you navigate local council regulations, zoning laws, and environmental requirements. It ensures your project complies with planning schemes, avoids delays, and secures necessary permits. Without expert guidance, you risk breaching regulations, which can lead to fines or project shutdowns.

⁰⁹Do I really need a lawyer for commercial conveyancing?

Yes. Commercial conveyancing involves complex contracts, GST implications, lease agreements, and due diligence checks. A lawyer ensures compliance with Queensland property laws, negotiates favourable terms, and protects your financial and legal interests throughout the transaction.

¹⁰What should I check before buying commercial property in Brisbane?

Key checks include title searches, zoning compliance, existing lease agreements, environmental reports, and building certifications. You should also review any restrictions on use, outstanding rates, and potential liabilities. Our team handles these checks to safeguard your investment.

¹¹How do you assist with selling commercial property?

We prepare and review contracts, negotiate terms with buyers, and manage settlement to ensure a smooth process. We also handle disclosure obligations under Queensland law and resolve any issues that arise during due diligence or settlement.

¹²What’s involved in leasing out my commercial property?

Leasing out your property requires drafting a legally sound lease agreement, setting clear terms for rent, maintenance, and termination, and ensuring compliance with retail and commercial leasing laws. We protect your rights as a landlord and minimize risks of disputes.

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We picked the most highly specialised and talented lawyers

Calvin Young

Director

Sieng Kong

Director

Domenic Gallo

Special Counsel

Candice Wang

Paralegal and Conveyancer

Our process

01Initial Consultation

02Document Review & Due Diligence

03Formal Engagement

04Transaction Management & Negotiation

05Settlement & Ongoing Support