Property Development

The development of residential properties will involve consideration of various statutory and other legal requirements in due course of project execution. Developers will need to bear in mind these requirements, which can include:

(a)   How the property development is to be undertaken;
(b)   The acceptable processes involved in the development of the residential property;
(c)    The use of materials (the manner in which they are sued as well as the permissible materials which can be used);
(d)   Regulations and policies in relation to the design of the proposed residential project; and
(e)   Other miscellaneous laws relating to the preservation of the environment and heritage preservation.

The basic concerns of property developers in the residential project area will reflect similar concerns for commercial or industrial projects. The most obvious question to be asked is whether or not the area in which the project development is to take place can in fact be used for the intended purpose of the complex. When a developer acquires land, or seeks to acquire land, he will need to ensure that the zoning of that area allows the prospective development to be used for its intended purpose. These issues can be obtained through the local council by requesting an updated section 10.7 (2) certificate. There may be other laws that also relate to the use of the land, such as:

  • Heritage protection laws – for the preservation of existing buildings or ruins;
  • Environmental protection laws – for the protection of the environment including endangered or native plant and animal life as well as the habitat that that life; and
  • Other specific legal requirements that may be relevant for that particular area.

Other than the renovation of existing properties, one common issue that a residential property developer may need to deal with will be the subdivision of property or the merger of multiple lots into one. A single large lot may have been acquired with the intention of subdividing for on-sale. A property developer may have purchased multiple lots neighbouring each other and requires assistance in consolidating them for the purpose of developing the lot for a larger project.

Blunden & Montgomery will offer legal advice on the proposed development before taking further instruction on what options and alternatives to pursue.