Residential Property Development:

The development of residential properties will necessarily involve consideration of various statutory and other legal requirements in due course of project execution. Residential property developers will need to bear in mind these requirements, which can include legislative provisions as well as council regulations and policies, all of which will affect:

(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 differences will be nuanced based on the specific requirements of the project itself. 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 149(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. This is often done to maximise return on an investment after the property has been developed. Conversely, a property developer may have purchased multiple lots neighbouring each other and requires assistance in merging them for the purpose of developing the lot for a larger project.

Other issues may arise in relation to strata title and the management of the strata scheme. Disputes relating to common property interests in building developments are often the cause of project stultification. In situations like these, it would be advisable to obtain the services of a residential property litigator to seek a negotiated resolution first before taking the matter to court. Other disputes may arise in relation to the by-laws and special by-laws of strata schemes. Likewise, the services of a property development litigator may be invaluable here.

There may be legal obstacles which only a residential property solicitor can assist resolving, and these will need to be highlighted and analysed before detailed legal advice is offered to the client. The residential property lawyer will offer legal advice on the proposed development before taking further instruction on what options and alternatives to pursue. These will necessarily be context specific.

If you wish to make an appointment, please contact us by telephone on (02) 9233 4048 or send an email to info@navado.com. 

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