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Property & Conveyancing

Commercial Property & Leasing in Australia

Commercial property matters may involve a purchase, development, occupation agreement or lease. The legal task depends on whether the client is an owner, tenant, purchaser or guarantor and on the proposed use of the premises.

General information only — not legal advice. This Australian overview is not a statement of every state or territory’s law. Check the jurisdiction and current requirements with an appropriately qualified adviser.

Commercial Property & Leasing: scope and key distinctions

A commercial lease and a retail lease may engage different rules. Rent is only one part of the commitment: outgoings, repairs, permitted use, security and exit provisions can matter. Ask whether planning, finance or business-sale work needs separate assessment.

Documents for commercial property & leasing advice

Organise the following material you already lawfully hold. This is a preparation list, not a complete evidentiary requirement. Ask the verified adviser what they need and how to send it securely.

  • The lease or sale documents
  • Details of the intended use
  • Any guarantee, disclosure and cost information

Keep originals and dates intact. Use a short initial enquiry for a conflict and suitability check before sending sensitive documents.

What the first review should deliver

Describe the proposed use of the premises, the parties and whether you are buying, leasing, assigning or renewing. Ask the lawyer to identify dependencies such as consents, related documents and separate professional checks. Compare drafting, negotiation and completion as distinct parts of the engagement.

A distinction worth checking before you commit

A rent figure does not describe the whole occupancy cost or risk. Nor does a landlord’s assurance establish that your intended use is approved. Ask which assumptions need independent confirmation before committing.

Questions for an adviser about commercial property & leasing

What ongoing and exit obligations would I take on, and which related approvals need checking?

Ask the adviser to explain the assumptions behind the answer, any missing information and what would change the proposed next step. You can request an initial assessment without assuming that full representation is included.

Commercial Property & Leasing: fees and appointment FAQs

Does a lease review include negotiating amendments?

Only if agreed. Ask whether you receive written comments, a marked-up draft, direct negotiation or all three. Identify who will contact the other side and whether reviewing a later version is included.

How do I compare costs for this work?

Compare the defined work and exclusions, not just the initial price. Ask about GST, third-party expenses, later stages and what happens if the scope changes. Our legal fees guide explains useful questions, and the comparison worksheet helps record proposals.

For a related legal task, read planning & environment. Use both sets of preparation questions if your enquiry spans the two tasks.

Define the work before comparing the fee

Legal advice scope, documents and next steps

A property engagement should identify the transaction or disagreement, the relevant jurisdiction and the practical decision pending. Document review, due diligence, negotiation and completion are different pieces of work.

  1. Gather the current contract or lease, associated disclosures and key correspondence.
  2. Explain your intended use, timing and any assumptions about finance or approvals.
  3. Ask which legal and non-legal checks are included and who handles amendments.

Related lawyer selection and preparation guides

Related legal services and practice areas

Mention connected issues when you enquire. One engagement may not cover every part of your situation.

Official commercial property & leasing resources

Use these primary resources for background and current pathways. A state-specific resource is an example for that jurisdiction, not a rule for all Australia. Broad regulator and tribunal links do not establish your eligibility or a legal entitlement.

Our document lists, questions and examples are original editorial preparation prompts. Follow the relevant authority for current requirements and seek individual advice before acting.

See all areas of law → · Lawyer selection and consultation guides → · Legal glossary →

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