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Free Guide to Hiring a Real Estate Lawyer
Feilding is a service and commercial centre in the Manawatū District with a mix of retail, office, industrial and rural-support properties. Commercial real estate law in Feilding follows New Zealand-wide statutes and common law while also being shaped by local rules set by Manawatū District Council and Horizons Regional Council. Typical transactions include sale and purchase of business premises, leasing, subdivision and development, resource-consent applications for changes of use, and title and covenant matters. Because Feilding supports agribusiness and light industry as well as a compact town centre, practical issues such as zoning, access, stormwater and environmental compliance commonly arise alongside standard conveyancing and contract-law matters.
- Buying or selling commercial property: A lawyer prepares and reviews sale and purchase agreements, completes title searches, ensures security interests are registered or removed, and handles settlement and transfer of ownership.
- Leasing commercial premises: Commercial leases are contracts with negotiated terms about rent, outgoings, permitted use, assignment, and repairs. A lawyer can draft, amend and advise on lease terms to protect your rights and limit liabilities.
- Development and subdivision: If you plan to redevelop or subdivide land you will likely need resource consents, building consents and development agreements. Lawyers help with consent conditions, infrastructure agreements, and negotiating contributions with council or third parties.
- Due diligence and risk allocation: Lawyers coordinate or review LIMs, title documentation, easements, covenants, building reports, environmental assessments and consents so you can assess risk before committing.
- Finance and security: Lending for commercial property involves complex security documents, mortgage registrations, guarantees and priority issues. Legal advice is essential to protect borrowers and lenders.
- Disputes and enforcement: Disputes between landlords and tenants, neighbours, or contractors may require negotiation, mediation, or court action. Lawyers represent and advise on remedies and enforcement.
- Regulatory compliance and liabilities: Matters such as contaminated land, resource consent conditions, earthquake-prone building notices and health and safety obligations require legal interpretation and action.
Commercial property in Feilding is affected by a combination of national statutes and local planning and regulatory rules. Key points to understand are:
- Resource Management Act 1991 (RMA): The RMA governs land-use planning and environmental consents. Activities that change use, increase discharge or alter stormwater or subdivision may need resource consent under the Manawatū District Plan or regional plans administered by Horizons Regional Council.
- Manawatū District Plan: This local plan sets zoning, permitted uses, building setbacks, site coverage, signage rules and development standards in Feilding. Check the district plan for permitted activities and any rules that might limit your intended use.
- Building Act 2004 and Building Code: Building consents and code compliance are required for structural work, change of use, and some fit-outs. There are also earthquake-prone building rules that may require assessment or strengthening of older commercial buildings.
- Land Transfer Act 2017 and Land Information: Title issues, caveats, easements and registrations are managed through Land Information New Zealand systems. Lawyers lodge transfers, mortgages and easements on your behalf.
- Property Law Act 2007 and general contract law: Commercial leases and sale agreements are primarily governed by contract principles and relevant statutory provisions.
- Health and Safety at Work Act 2015: Landlords and occupiers must understand their obligations for the safety of workers and the public on commercial premises.
- Overseas Investment Office (OIO): Foreign buyers may need consent for purchases of sensitive land or significant business assets. Check whether the property is sensitive or if the purchaser is an overseas person.
- GST, tax and levies: Commercial property transactions may attract GST if the vendor is registered and the sale is a taxable supply. There is no stamp duty in New Zealand, but tax consequences including income tax, and in some circumstances capital gains considerations, should be discussed with an accountant.
- Council requirements: A LIM (Land Information Memorandum) and rates information from Manawatū District Council, and resource-consent records from Horizons Regional Council, are essential parts of due diligence.
Begin by engaging a lawyer experienced in commercial property. Ask for a LIM from Manawatū District Council, obtain a copy of the title, and commission any building or environmental reports you need. Your lawyer will help draft or review the sale and purchase agreement and advise on any conditions to include such as finance, due diligence or council consents.
Yes. A LIM provides the council records about the property and is standard for due diligence. A Code of Compliance Certificate (CCC) or evidence of building consent compliance is important where building work has been done. If there is no CCC, further investigation or retrospective consent may be required.
No. Commercial leases are negotiated contracts and are not covered by the Residential Tenancies Act. That means terms on rent reviews, repairs, subletting, assignment and liability are for the parties to agree. A lawyer can help draft or negotiate protections suitable to your position as landlord or tenant.
Changing use may require resource consent under the Manawatū District Plan and building consent under the Building Act. You may also need to meet fire-safety and accessibility standards, and consider parking, traffic effects and servicing. Your lawyer can help identify which consents are needed and advise on timing and conditions.
Councils maintain registers of earthquake-prone buildings and there are statutory timeframes for assessment and remediation under the Building Act. Ask the council for records, check the LIM, and obtain a structural engineer report if there are any concerns. Legal advice will help assess liability and potential costs.
Contaminated land, stormwater discharge, and hazardous activities are common commercial concerns. The RMA and regional plan rules apply. If the site has a history of industrial use or has nearby rural activity, get an environmental site assessment and check resource-consent history before buying.
GST may apply if the vendor is registered and the sale is a taxable supply. Parties often need to agree on whether the sale price is GST-inclusive or exclusive. Because GST has important cashflow and pricing implications, you should involve both your lawyer and your accountant early.
Potentially yes. The Overseas Investment Office may require approval for purchases of sensitive land or significant business assets by overseas persons. Whether approval is needed depends on the buyer's status and the nature of the land. Legal advice should be obtained early in the transaction.
Watch for ambiguous repair and maintenance obligations, unclear rent-review mechanisms, poorly drafted assignment or subletting clauses, inadequate insurance wording, and failure to address restoration or reinstatement. A lawyer will risk-check the lease and negotiate clearer terms.
Timescales vary. Simple freehold sales can take a few weeks to a few months depending on conditions and financing. Complex purchases, developments or transactions requiring consents will take longer. Legal fees vary by complexity - small straightforward transactions may cost a few thousand dollars, while large or complex deals can run substantially higher. You should obtain a written estimate from a lawyer upfront.
- Manawatū District Council - for LIMs, district plan rules, rates and development contributions
- Horizons Regional Council - for regional plans, water and contamination issues and resource-consent records
- Land Information New Zealand (LINZ) - for title and registration information
- Ministry of Business, Innovation and Employment (MBIE) - for Building Act guidance and earthquake-prone building information
- Overseas Investment Office (OIO) - for rules on overseas investment approvals
- New Zealand Law Society - for guidance on finding a solicitor and ethical rules
- Real Estate Authority and local commercial real estate agents - for market information and broker services
- Local professional advisers - accountants, engineers, surveyors and environmental consultants who work in the Manawatū region
1. Gather basic information: property address, title details, council property records, and any existing lease documents.
2. Engage a local commercial property lawyer early: choose someone familiar with Manawatū District Council processes and Feilding market issues. Ask for a cost estimate and checklist of required documents.
3. Commission technical reports as needed: building inspection, structural or seismic assessments, environmental site assessments and services checks.
4. Lodge key requests: obtain the LIM and council compliance history, request a title search and check for any registered encumbrances or easements.
5. Negotiate contract terms and conditions: include appropriate conditions for finance, due diligence and consents, and allocate risk clearly between buyer and seller or landlord and tenant.
6. Coordinate with your accountant and lender: confirm GST and tax treatment and ensure finance arrangements match contract timeframes.
7. Complete settlement and post-settlement actions: your lawyer will manage transfer of title, registration of mortgages or easements, adjustments for rates and outgoings, and any consent follow-up.
If you are unsure where to start, contact a local solicitor with commercial real estate experience. Bring copies of any property documents and a summary of your objectives so the lawyer can advise the best pathway for your situation.
