Sector
Real Estate
Commercial property advice for owners, investors, landlords and tenants — acquisitions, sales, shopping-centre and retail leasing, and commercial leases.
Commercial property transactions and leasing
Commercial property decisions bring together title, the contract, tenant income, permitted use and finance. A property’s advertised potential needs to be checked against its legal rights, existing leases and the buyer’s intended use.
Baystone Legal advises owners, investors, landlords and tenants on acquisitions and sales of office, industrial and retail assets, shopping-centre leasing and other commercial premises. We assist with legal due diligence, transaction documents, lease negotiations and completion.
Our sector focus is commercial property and the arrangements that support its ownership and occupation. We work alongside agents, financiers, accountants, surveyors and technical consultants without replacing their assessments.
Commercial property legal services
Commercial Property Acquisitions & Sales
Shopping Centre & Retail Leasing
Commercial Leasing
Due Diligence & Title
Property Finance & Security
Asset Management & Structuring
Acquisitions and sales: investigate before committing
We review title, encumbrances, the sale contract, existing leases and relevant disclosures. For leased assets, the legal review considers lease terms, options, incentives, guarantees, arrears provisions and the documents supporting the rent roll.
Searches and contract conditions should reflect the location, asset and intended use. Planning, environmental, building and engineering reports require the right technical advisers. GST, duty and ownership-structure issues should be addressed with tax advice rather than assumed to have a standard treatment.
Shopping-centre and retail leasing
Retail leasing involves more than rent and term. We advise on disclosure, outgoings, incentives, fit-out responsibilities, permitted use, trading obligations, relocation or demolition clauses, assignment and renewal. Shopping-centre documents may also involve marketing contributions and centre rules.
Retail leasing legislation differs between states and territories and does not apply to every premises or lease. We check the applicable regime and whether the disclosure documents and commercial promises match the negotiated lease. Avoid assuming that one state’s protections or minimum terms apply nationally.
Commercial leases for offices and industrial premises
For landlords, the documents need to address payment security, use, repairs and dealings with the lease. For tenants, term and options, rent reviews, access, services, assignment and make-good obligations affect the real cost and flexibility of occupation.
An agreement for lease, incentive deed or fit-out licence may be needed before occupation. We help align these documents with the lease, including responsibilities for works and commencement conditions. Heads of agreement should be reviewed before signature because their legal effect depends on their wording and circumstances.
Coordinate finance, settlement and ongoing ownership
Financed transactions need coordinated mortgage releases, new security, lender requirements and settlement documents. We advise on the legal completion steps and on co-ownership or joint venture arrangements where relevant.
For an initial discussion, provide the contract or heads of agreement, property details, existing leases and proposed use. Flag any deadline, finance condition or outstanding consent. After completion, options, rent reviews and proposed assignments should be managed against the actual lease terms.
Baystone Legal
Discuss your commercial property matter
Tell us whether you are buying, selling, leasing or managing an asset, and provide the property location and any documents or deadlines already in place.
Frequently Asked Questions
What should I check before buying commercial property?
Review title, encumbrances, contract terms, disclosures, existing leases and the legal basis for the intended use. For income-producing assets, check the leases and supporting documents rather than relying only on a rent roll. Financial, valuation, building, environmental and planning assessments should be obtained from the appropriate advisers. The scope depends on the asset and jurisdiction.
Does retail leasing legislation apply to every shop or commercial lease?
No. Coverage depends on the state or territory and the statutory definitions, thresholds and exclusions. A shopping-centre location or a retail use may be relevant but does not answer every question. Disclosure, outgoings, rent review and other rules should be checked under the applicable regime; there is no single national retail lease rulebook.
What matters most when negotiating a commercial lease?
Consider term and options, rent reviews, outgoings, permitted use, repairs, access, assignment, security and make-good. Fit-out and incentive documents need to be consistent with the lease. Priorities differ for landlords and tenants and for different premises. Early advice can identify legal commitments before heads of agreement, works or occupation create further risk.
Can I assign a lease when selling my business?
That depends on the lease, applicable legislation and the proposed transaction. Landlord consent and disclosure steps may be required. Existing guarantees and the outgoing tenant’s liability also need review; assignment does not necessarily release everyone from future obligations. A share sale may instead trigger a change-of-control provision.
Do property searches confirm that the building is suitable?
Not on their own. Legal searches and document review can identify recorded interests and restrictions, but they do not replace physical inspections or professional planning, building, environmental and engineering assessments. Suitability for the proposed use needs a coordinated review before committing to the purchase or lease.
Our Team
Lawyers with expertise in this area
