Property Development

We advise on commercial, industrial and residential property and land development matters for Australian property law compliance.

We provide expert legal services in all aspects of property development:

When you undertake property development, the first step is to engage a property lawyer to ensure you meet compliance targets under Australian contract law. Our property lawyers prepare all necessary contract agreements, and take care of negotiations with local councils and referral authorities.

We have a proud history of contributing to award winning projects in Central Victoria. Working with developers both large and small, we have represented the legal interests of regional and metropolitan residential developers on some of the largest and most innovative projects in Victoria, including…

Develop or subdivide?

There are many legal aspects to developing your land or undertaking a subdivision and you will have many questions –

“Can I subdivide my property?”

“What’s the process for subdividing?”

“What are the planning provisions?”

Our team is available to answer your questions and guide you through the development process.

Property Development FAQs

Land Banking is the process of securing future property development sites today, at the current price. Many large property development companies buy farms or large tracts of land and put them in their “land bank” to ensure they have a sufficient stock of land for future property developments.

An undeveloped lot, group of lots or parcel of land that is zoned to allow for, and is capable of subdivision into smaller parcels of land under the existing land use provisions.

In the context of property development an MCP is a memorandum of common provisions which usually includes the covenants and easements affecting land.

An agreement usually between the local Council and the owner of land which sets out conditions or restrictions on the use or development of the land or some other planning objectives in relation to the land.

A restrictive covenant is an agreement between landowners that limits the way land can be used and developed.

A conservation covenant is a permanent, legally binding agreement placed on a property’s title to ensure native vegetation on the property is protected forever. This agreement is voluntary and negotiated between Trust for Nature and each individual landowner.

When you own property you do have the right to do whatever you want to do on your property subject to any applicable federal, state or local law. The local council will have developed a planning scheme with the assistance of the Victorian Government which sets out the permitted use, prohibited use and use which requires a planning permit.

‘The firm handled a huge task for us: four off-the-plan contracts drawn up and administered, eight contracts with four different builders checked, seven contracts of sale and seven settlements. With great support, encouragement and integrity they gave us sound financial and legal advice and careful consideration about placing practical covenants on all the Munro Court titles, and all the staff worked with great professionalism. A project like this would not succeed without a proficient lawyer. We were lucky to have Robertson Hyetts Lawyers in our town to support our project’.


Property Development Knowledge Base

Our Property Development experts

Janelle has been practicing law for 28 years, with the last 12 years spent assisting property developers through all stages of the development from the acquisition of land, marketing, off the plan contracts, subdivisions and associated agreements and certifying pre-sales for construction finance. This experience has allowed Janelle to understand the property industry and the demands that are placed on property developers.

Janelle Brown

, Lawyer & Director

Even after 43 years practising Law, Tim Robertson knows there’s always more to learn. The intrigue and challenge of Law drew him in many years ago, but even now, the true appeal of Law is the continuous adaptation and change required as new Acts, regulations and systems emerge.

Tim Robertson

, Lawyer

John has been practicing law for over 40 years. He was raised in Clare, SA before attending the University of Adelaide and then working in SA, VIC and overseas in Qatar. For the last 2 years, he has been based in our Castlemaine office.

John Wellington

, Special Counsel & Castlemaine office leader