Best Commercial Real Estate Lawyers in Glen Waverley

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Sharrock Pitman Legal
Glen Waverley, Australia

Founded in 1967
30 people in their team
English
Sharrock Pitman Legal is a Melbourne-based boutique law firm with a long history dating back to 1967, renowned for its depth in commercial and property matters as well as estate planning and disputes. The firm holds Accredited Specialist status in Commercial Law, Property Law and Wills and Estates...
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1. About Commercial Real Estate Law in Glen Waverley, Australia

Glen Waverley lies in Victoria, within the City of Monash, and follows Victorian commercial real estate law. This area covers the sale, purchase, leasing, financing and development of commercial properties. Typical matters include retail shop leases, office and industrial tenancy agreements, and property due diligence for buyers.

In Glen Waverley, clients most often seek legal guidance when negotiating a lease for a prominent retail space such as The Glen precinct, or when considering the purchase of a local commercial building along Mountain Highway or Wellington Road. A local solicitor or lawyer can help with due diligence, drafting and negotiating terms, and resolving disputes. Early legal involvement can prevent costly mistakes in complex commercial transactions.

In Victoria, the Retail Leases Act 2003 governs retail lease relationships and requires disclosure and certain protections for tenants and landlords.

For authoritative guidance, see the Victorian government resources on commercial leases and planning, including Consumer Affairs Victoria and legislation portals. These sources provide up to date information on obligations, timelines and dispute resolution processes that apply in Glen Waverley.

Key sources include: Consumer Affairs Victoria - Commercial Leases and Legislation Victoria.

2. Why You May Need a Lawyer

When dealing with commercial real estate in Glen Waverley, a lawyer helps protect your title, terms and finances. The following scenarios are common and require tailored legal support.

  • Signing a retail lease for a storefront in The Glen requires careful review of rent reviews, outgoings and lease term renewal rights to avoid unexpected costs.
  • Purchasing a shopfront or office building in Glen Waverley demands due diligence on title, easements, planning restrictions, and compliance with zoning.
  • Resolving a rent dispute or service charge dispute with a landlord, particularly if pleadings, mediation or tribunal processes are involved.
  • Negotiating a development or fit-out contract for a commercial space, including timelines, payment milestones and defects liability.
  • Addressing planning changes or permit requirements when changing the use of a property, such as moving from office to healthcare use.
  • Handling subdivision or boundary adjustments for a block to create multiple tenancies or separate titles.

In each case, a Glen Waverley lawyer provides practical advice, prepares documents, and represents your interests in negotiations or disputes. Local familiarity with Monash planning rules and council processes improves outcomes.

3. Local Laws Overview

The following Victorian statutes govern most commercial real estate matters in Glen Waverley, with local planning and council considerations applying via Monash City Council.

  1. Retail Leases Act 2003 (Vic) - This act regulates retail lease relationships, including disclosure requirements, the content of retail leasing agreements, and dispute resolution pathways. It applies to premises used predominantly for retail purposes and affects both tenants and landlords in Glen Waverley shopping precincts. For full text and amendments, visit Legislation Victoria.
  2. Estate Agents Act 1980 (Vic) - This act governs licensing, conduct and disciplinary matters for real estate agents and agencies. It is crucial when engaging a solicitor to negotiate or review leases or property sales in Glen Waverley. See the official act details on the Legislation Victoria site.
  3. Planning and Environment Act 1987 (Vic) - This act provides the framework for planning schemes, planning permits and change of use approvals in Victoria. For Glen Waverley property matters, planning permits or zoning questions typically involve Monash Council processes aligned to this act. Planning information is available via the Victorian Planning Portal.

Local planning and development questions are often coordinated through Monash City Council, with guidance on permits, zoning and building compliance. For planning resources and permit information, see the Planning Portal Victoria.

The Victorian Building Authority and related building standards also influence commercial projects, especially fit-outs and renovations. See the Victorian Building Authority for building permit and compliance information.

4. Frequently Asked Questions

What is a commercial lease and how does it differ from a residential lease?

A commercial lease covers business premises and typically includes terms on rent, outgoings, fit-outs and renewal. It is negotiable and usually longer in term than a residential lease. Lawyers review the lease to protect business interests and avoid costly misunderstandings.

How do I prepare for negotiating a lease for a Glen Waverley shop?

Gather financials, proposed term, rent review method and outgoings details in writing. Engage a solicitor early to review draft terms, ensure disclosures are complete and confirm repair obligations.

What is due diligence when buying a commercial property in Glen Waverley?

Check title, encumbrances, easements, and planning restrictions. Verify zoning, permits for existing uses, and any service charges or rates that may affect cost of ownership.

How long does a typical lease negotiation take after signing a heads of agreement?

Negotiations can take 2-6 weeks, depending on complexity and the landlord's response times. A lawyer can help streamline approvals, prepare redline drafts, and coordinate with the landlord.

Do I need a lawyer for a commercial lease in Victoria?

Yes. A lawyer ensures fair terms, identifies risks, and helps with negotiations and compliance. They can also handle dispute resolution if issues arise during the lease term.

What is a planning permit and when do I need one?

A planning permit authorises certain land uses or developments. You typically need one to change use, subdivide or significantly alter buildings. A local planning officer can confirm permit requirements for Glen Waverley properties.

How much does it cost to hire a commercial real estate lawyer in Victoria?

Costs vary by matter complexity and region. Expect an initial consultation fee, then hourly rates or fixed fees for specific tasks like lease review or due diligence reports.

What is exclusive use and outgoings in a lease?

Exclusive use defines space dedicated to the tenant. Outgoings are shareable costs such as rates, insurance and maintenance. A lawyer clarifies how these items are calculated and allocated.

Can I terminate a lease early if the landlord breaches?

Early termination depends on contract terms and breach remedies. A lawyer can pursue remedies, including negotiation, mediation or termination clauses if warranted.

Is stamp duty payable on commercial property purchases in Victoria?

Stamp duty applies on commercial property purchases. The amount depends on the sale price and is payable to the Victorian State Revenue Office. A solicitor can estimate costs and assist with exemptions if available.

What is the difference between sale of land and transfer of title?

Sale of land involves transferring ownership through a contract of sale. Transfer of title records the change at the land titles office. Lawyers coordinate contract, title transfer and settlement processes.

5. Additional Resources

6. Next Steps

  1. Define your business space needs, budget and preferred Glen Waverley locations and timelines. Aim to have criteria ready within 1 week.
  2. Identify a local commercial real estate lawyer with Victoria experience and check at least two references. Expect 1-2 weeks for interviews and selection.
  3. Assemble documents you may need for review, including draft lease terms, planning permits, title documents and financial records. Complete collection within 1-2 weeks.
  4. Schedule an initial consultation with your chosen solicitor to discuss goals, risk areas and a negotiation strategy. Plan for a 1-2 hour meeting.
  5. Have your lawyer conduct a thorough review of any draft lease, sale contract or development agreement and identify leverage points. Allocate 2-4 weeks for this step depending on complexity.
  6. Enter negotiations with a clear checklist and alternate terms. Your lawyer should draft redlines and coordinate with the landlord or seller. Expect 2-6 weeks for finalisation.
  7. Proceed to signing, settlement or permit approvals, with your solicitor overseeing compliance, timelines and post signing obligations. Ongoing supervision as needed.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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