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GJA Law – Sydney’s Trusted Property Development Lawyers

Smart Legal Support for Developers and Investors

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Property development in Sydney is full of opportunity, but it also comes with legal complexity. From due diligence and planning to contract negotiation and project delivery, having the right legal partner makes all the difference.

At GJA Law, we work with developers, builders, investors, and consultants across Sydney to provide clear, strategic legal advice at every stage of the development process. Whether you’re managing a boutique subdivision or a large-scale residential or mixed-use project, we’re here to protect your interests and streamline the journey.

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    What Is Property Development?

    Property development encompasses any activity that enhances the value of land through planning, construction, or repositioning for a new use. In Sydney, this typically includes residential apartments, townhouse complexes, mixed-use towers, and commercial spaces. While the rewards can be substantial, the legal, regulatory, and financial risks are equally significant. Success hinges not only on market timing and design excellence but also on robust legal foundations that safeguard your investment at every stage.

    • I highly recommend GJA for anyone who needs legal advice and representation. Their care and attention to detail is outstanding.

      Brian


    Read More Testimonials from our Clients!

    Role of a Property Development Lawyer in Sydney

    A property development lawyer is your strategic legal advisor throughout the entire development lifecycle. Unlike general conveyancers or transactional property lawyers, development lawyers possess specialized expertise in planning law, construction contracts, joint ventures, strata titling, and off-the-plan sales. In Sydney’s competitive and highly regulated market, having a development lawyer who understands local council requirements, state planning policies, and market norms is essential.

    At GJA Law, our team works proactively to anticipate issues, mitigate risks, and structure deals that align with your commercial objectives—ensuring your project remains on time, on budget, and legally secure.

    Site Acquisition and Due Diligence

    The foundation of any successful development begins with the right site—and thorough due diligence. Before committing to a purchase, developers must investigate zoning restrictions, environmental constraints, heritage overlays, easements, and any existing covenants or council orders that could impact the project’s viability.

    Our property development lawyers conduct comprehensive title and planning reviews, advise on acquisition structures (e.g., direct purchase vs. entity acquisition), and negotiate conditional contracts that include appropriate due diligence periods and termination rights. We also liaise with surveyors, town planners, and environmental consultants to ensure you have a complete picture before settlement.

    Planning and Development Approvals

    Securing development consent is often the most time-consuming and uncertain phase of a project. Sydney councils apply rigorous scrutiny to proposals, particularly in established suburbs or environmentally sensitive areas. The process may involve submissions to local councils, the NSW Land and Environment Court, or state-led planning panels for larger developments.

    GJA Law guides clients through the entire approvals pathway—from preparing compliant Development Applications (DAs) and responding to council conditions to managing appeals or modifications. We also advise on compliance with the Environmental Planning and Assessment Act 1979 (NSW) and related legislation, ensuring your proposal meets all statutory requirements while maximizing yield and design flexibility.

    Development Structures and Agreements

    Most Sydney developments involve multiple stakeholders, including landowners, financiers, co-investors, and builders. Structuring these relationships correctly from the outset is critical to avoiding disputes and ensuring smooth project execution.

    We draft and negotiate a range of agreements, including:

    • Joint venture agreements that clearly define equity contributions, profit sharing, decision-making protocols, and exit mechanisms.
    • Development management agreements that outline the roles and responsibilities of project managers or developers engaged by passive investors.
    • Option agreements and put-and-call arrangements that provide flexibility in acquiring land while managing risk.

    Our focus is on creating clear, enforceable contracts that protect your interests while reflecting commercial realities.

    Subdivision, Strata, and Registration

    For multi-lot or multi-unit developments, subdivision and strata titling are essential final steps. In Sydney, this process is governed by the Subdivision Act 1988 (NSW) and the Strata Schemes Development Act 2015 (NSW). Errors in surveying, inadequate compliance with development consent conditions, or failure to meet servicing requirements can delay registration—blocking settlement on pre-sales and disrupting cash flow.

    Our lawyers coordinate closely with surveyors, certifiers, and council to ensure all subdivision documentation is accurate and compliant. We prepare and lodge:

    • Subdivision applications and associated plans.
    • Strata management statements and by-laws.
    • Notices for owners’ corporation establishment.

    Timely and accurate registration is critical, and our team ensures nothing is overlooked.

    Selling and Leasing Developed Property

    Pre-sales are a vital source of funding for many developments. However, off-the-plan contracts are heavily regulated under the Conveyancing Act 1919 (NSW) and the Property and Stock Agents Act 2002 (NSW), with strict disclosure requirements and cooling-off provisions.

    GJA Law prepares compliant off-the-plan contracts that protect developers while meeting statutory obligations, including:

    • Accurate disclosure of proposed plans and inclusions.
    • Proper handling of deposit trust accounts.
    • Clauses addressing sunset provisions in line with recent legislative reforms.

    For commercial developments, we also advise on leasing strategies, anchor tenant agreements, and retail leasing compliance under the Retail Leases Act 1994 (NSW).

    Common Legal Risks in Property Development

    Despite careful planning, developers face numerous legal pitfalls:

    • Title defects or undisclosed easements discovered post-acquisition.
    • Council refusal or lengthy delays in development consent.
    • Builder insolvency or poor performance leading to cost overruns.
    • Non-compliant off-the-plan contracts triggering rescission rights.
    • Disputes with joint venture partners over contributions or profits.

    GJA Law mitigates these risks through proactive documentation, due diligence, and strategic dispute resolution. Our fixed-fee and scalable service models provide cost certainty without compromising on quality—ensuring you can focus on execution, not legal uncertainty.

    • I have used GJA on several occasions and always found them to be friendly, professional and thorough.

      Fiona

    Legal Services for Property Developers

    We offer tailored legal support for:

    • Site acquisition and due diligence
    • Development agreements and joint ventures
    • Off-the-plan contracts and pre-sale documentation
    • Planning and compliance matters
    • Subdivisions and strata title advice
    • Construction contracts and builder agreements
    • Project risk mitigation and dispute resolution

    Our team understands the pace and pressure of development. We focus on providing responsive advice and commercially sound solutions to keep your project moving forward.

    Learn More About Site Acquisition 

    Why Choose GJA Law?

    • Deep experience supporting Sydney-based developments
    • Clear, commercially-minded legal advice
    • Fixed-fee and scalable service options
    • Strong focus on proactive risk management
    • Trusted by developers in the Lower North Shore and beyond

    We know property development isn’t just about bricks and mortar; it’s about vision, timing, and execution. Our role is to make sure your legal foundations are as strong as the structures you’re building.

    Contact GJA Law today to speak with a Sydney property development lawyer and find out how we can support your next project from the ground up.

    Common Property Development FAQs

    What exactly does a property development lawyer do that a standard conveyancer doesn’t?

    A property development lawyer provides strategic legal oversight for the entire project lifecycle, not just the transaction. While conveyancers handle property transfers, development lawyers specialize in complex areas like planning law, joint venture structuring, construction contracts, and strata registration. For Sydney developments, this deep expertise in local council regulations, state planning policies, and off-the-plan sales legislation is crucial to anticipate risks, secure approvals, and protect your investment from acquisition through to final sales.

    Why is due diligence so critical during the site acquisition phase?

    Purchasing land without thorough due diligence is one of the biggest risks in development. A site may have hidden constraints like zoning limitations, heritage overlays, easements, or contamination that can render your project unviable or drastically increase costs. Our lawyers conduct comprehensive reviews of title, planning instruments, and council records. We structure conditional contracts with clauses that allow you to terminate if due diligence uncovers unforeseen issues, ensuring you don’t commit to a liability.

    How can you help if my Development Application (DA) is refused or heavily conditioned by council?

    Navigating planning refusals or onerous conditions is a core part of our service. We advise on the merits of appealing a decision to the NSW Land and Environment Court or negotiating with council and planning panels. Our team helps prepare compelling cases for modifications or reviews, ensuring all arguments are framed within the relevant legislation, like the Environmental Planning and Assessment Act, to achieve the best possible outcome for your project’s yield and design.

    What type of development agreements do you typically draft?

    We draft and negotiate all key agreements that define stakeholder relationships and protect your interests. This includes Joint Venture Agreements (clarifying contributions, profit share, and decision-making), Development Management Agreements, and Option Agreements (providing flexibility to secure land). Our focus is on creating clear, enforceable contracts that prevent disputes by outlining roles, responsibilities, and exit strategies upfront, aligning with your commercial goals.

    What are the biggest legal risks during the construction phase, and how do you mitigate them?

    Key risks include builder insolvency, delays, defects, and payment disputes. We mitigate these by advising on and negotiating robust construction contracts (like AS4000) with fair payment schedules, clear extension-of-time clauses, and strong security/insurance requirements. We also help manage disputes under the Security of Payment Act. Our proactive framework aims to minimize surprises and keep your project on time and on budget.

    How do you ensure a smooth strata registration process to avoid delaying apartment sales?

    Delays in strata registration can freeze pre-sales and cash flow. We manage this final critical step by coordinating with surveyors and certifiers to ensure all subdivision plans and documentation strictly comply with the Strata Schemes Development Act and council consent conditions. Our team prepares and lodges all necessary applications, management statements, and by-laws accurately, preventing costly hold-ups at settlement.

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