Commercial Property Conveyancing & Commercial Lease Conveyancing Melbourne

Commercial property transactions are more complex than residential ones. The stakes are higher, the due diligence more involved, and the legal obligations different. Getting it wrong can cost you significantly, whether you are the buyer, seller, or a business owner dealing with a lease.

Tick Box Conveyancing has been handling commercial property matters across Melbourne and Victoria for decades. We understand the detail that makes a commercial transaction work, and we bring that expertise to every client, whether they are buying their first commercial property or managing a large portfolio.

We work alongside your accountant, solicitor, and other trusted advisers to ensure all aspects of your transaction are covered, from contract review to settlement and beyond.

What does commercial conveyancing cover?

Commercial conveyancing covers a wide range of property and business matters, including:

• Commercial property purchases and sales
• Business sales and purchases (including cars, marina berths and other assets)
• Commercial leasing and lease reviews
• Land subdivisions
• GST obligations on commercial transactions
• Off-the-plan commercial purchases
• Going concern transactions
• Zoning queries and permitted use advice
• Vacant possession and subject-to-lease transactions

Who needs a commercial conveyancer?

Commercial conveyancing is not just for large corporations. Many of our clients are individuals and small business owners who need clear, expert guidance on transactions that involve significant financial and legal complexity.

You need a commercial conveyancer if you are:

• An investor buying or selling commercial property
• A business owner purchasing or selling your premises
• A developer working on commercial projects or subdivisions
• A commercial tenant reviewing a lease agreement
• A vendor preparing a contract of sale for commercial real estate

What CIPT means for your commercial property purchase

The biggest change to commercial property in Victoria in a generation is the Commercial and Industrial Property Tax, or CIPT. The reform came into force on 1 July 2024 and changes how stamp duty applies to commercial and industrial property.

Here is the short version. A commercial property enters the CIPT system at its first sale on or after 1 July 2024. The buyer pays stamp duty on that sale, one final time. From that point, no further stamp duty is payable on the property, no matter how many times it is sold in the future. After a 10-year deferral, an annual CIPT applies, calculated on the property’s unimproved land value.

For buyers, this raises new questions to work through before you sign:

– Is the property already in CIPT, or will yours be the sale that brings it in?
– What stamp duty applies on settlement, and is the 10-year transition loan worth using?
– Where does the property sit in the 10-year deferral, and when will the annual tax start?
– Does the contract have any CIPT-specific clauses that need review?

For sellers, CIPT status affects disclosure and what buyers are willing to offer. The contract of sale must accurately reflect where the property sits in the CIPT system.

Tick Box handles CIPT-affected transactions every week. We will tell you exactly where your property sits and what it means for the deal, before you commit.

Read our full explainer: Commercial and Industrial Property Tax (CIPT) Victoria: A Plain-English Guide for Buyers and Sellers.

How is commercial conveyancing different from residential?

Commercial transactions involve a different set of rules and risks compared to buying or selling a home. The key differences include:

• GST may apply. Commercial property transactions are often subject to GST, whereas residential property is generally exempt. Understanding how GST applies, including the going concern exemption, is critical before you sign anything.
• Due diligence is more extensive. Zoning, permitted use, existing leases, tenant outgoings, and building approvals all need careful review before you commit.
• Settlement periods are often longer and more complex. Financing structures, lease conditions, and multi-party negotiations can all extend timelines.
• Lease structures and tenant obligations require careful review. Whether you are purchasing a property with existing tenants or entering a lease as a tenant, the terms can have long-term financial consequences.
• There is no cooling-off period for commercial property in Victoria. Once you sign a commercial contract of sale, you are committed. Pre-contract advice from an experienced conveyancer is not optional, it is essential.

Commercial conveyancing for buyers

When buying commercial property, caveat emptor applies, meaning buyer beware. There is no substitute for thorough due diligence before you put pen to paper. Tick Box Conveyancing provides a comprehensive pre-purchase report that covers every aspect of the proposed transaction.

Our pre-purchase report includes a plain-English review of the contract of sale, covering:

• GST treatment on the purchase
• Any leases attached to the property and their key terms
• Zoning and permitted use for your intended purpose
• Title encumbrances, covenants, and easements
• Outgoings, including land tax obligations
• Special conditions, finance clauses, and settlement terms
• Owners corporation details where applicable
• Any red flags that could affect your purchase decision

We work directly with you and your advisers to ensure the property suits your intended use and that the purchase structure is appropriate for your financial and tax position. If there are issues with the contract, we negotiate amendments on your behalf before you are legally committed.

Commercial conveyancing for sellers

Selling a commercial property involves far more than producing a contract of sale. Tick Box Conveyancing prepares thorough sale documentation that protects your position, satisfies all disclosure requirements, and gives buyers confidence, which means fewer delays and negotiations.

We assist vendors with:

• Preparing contracts of sale and Section 32 Vendor Statements
• Advising on GST, Capital Gains Tax, and Land Tax implications in conjunction with your accountant
• Structuring sale conditions to reflect your specific requirements
• Liaising with commercial real estate agents to facilitate a smooth sales process

Tick Box is a preferred conveyancer for commercial real estate agents across Melbourne. Our turnaround time is fast, and our documentation is thorough. That combination matters when timing is everything in a sale.

Why choose Tick Box for commercial property conveyancing?

Experience matters in commercial conveyancing. At Tick Box, our principal Martin Galea has over 30 years of experience in conveyancing and property law. His credentials include:

• Vice President of the Australian Institute of Conveyancing (Victoria)
• First and only Statutory Manager appointed by Consumer Affairs Victoria
• Member of the State Revenue Office consultative council, representing Victorian conveyancers

Our broader team brings more than 80 years of combined conveyancing experience. We have handled everything from single commercial property purchases to complex multi-asset portfolios, and our 420+ five-star Google reviews reflect the service our clients receive.

We provide clear, plain-English advice throughout the process. No jargon, no surprises. Just experienced guidance from start to settlement.

Our commercial conveyancing services

• Commercial property purchases
• Commercial property sales
• Commercial leasing and lease reviews
• Business sales and purchases
• Land subdivisions and plan lodgement
• Off-the-plan commercial purchases
• GST advice in conjunction with your accountant
• Going concern transactions
• Vacant possession and subject-to-lease transactions

We also offer residential conveyancing and off-the-plan services for those with mixed property interests.

Frequently asked questions

What is commercial conveyancing?

Commercial conveyancing is the legal process of transferring ownership of commercial property from one party to another. It covers the contract review, due diligence, settlement preparation, and registration of the transfer, along with related matters such as GST, leases, and zoning.

How does commercial conveyancing differ from residential?

Commercial conveyancing involves more complex legal and financial considerations. GST often applies, due diligence covers zoning and permitted use, lease structures need review, and there is no cooling-off period in Victoria. The stakes are typically higher and the process more involved.

Do I need a conveyancer for commercial property?

Yes. A conveyancer conducts the due diligence, reviews and negotiates contracts, advises on tax implications, and manages the settlement process. In a commercial transaction, the cost of getting it wrong far outweighs the cost of proper professional advice upfront.

Can a conveyancer help with commercial lease agreements?

Yes. Tick Box Conveyancing can review, create, and negotiate commercial lease agreements, including both retail and non-retail leases, ensuring the terms protect your interests and comply with Victorian legislation.

How long does commercial conveyancing take?

It depends on the complexity of the transaction. A straightforward commercial purchase may settle in 30 to 60 days. More complex matters involving lease negotiations, subdivisions, or GST structuring can take longer. We will give you a realistic timeline at the outset.

Is GST always payable on commercial property?

Not always. GST may apply to commercial property transactions, but exemptions exist, such as the going concern exemption and the margin scheme. This is an area where specialist advice before signing is essential. We work with your accountant to ensure the right approach is taken.

Does CIPT apply to my commercial purchase?

It depends on whether the property has been sold since 1 July 2024. If your purchase is the first sale of the property on or after that date, stamp duty applies one final time and the property enters the Commercial and Industrial Property Tax system. If the property has already been through that “entry transaction,” no stamp duty is payable, but a future annual tax will apply after a 10-year deferral.

Talk to us before you sign anything

Commercial property decisions are significant. Getting advice before you commit can save you time, money, and considerable stress down the track.

Buying, selling, or leasing commercial property? Talk to our team first. Call 1300 363 165 or get a free quote online.