Commercial Conveyancing Lawyers Sydney

Commercial conveyancing is the legal process of buying, selling or transferring commercial property such as offices, retail premises and industrial sites. In Sydney, it covers contract review, due diligence, exchange and electronic settlement through PEXA.

Buying or selling a commercial property is a large, complex investment involving legal, financial and regulatory considerations. Getting the transaction right from the outset is essential, whether you’re purchasing an office, retail premises, an industrial property or a development site.

At Dettmann Phair Lawyers, our commercial conveyancing Sydney team provides clear, practical legal advice across commercial property law. Led by an Accredited Specialist with more than 20 years’ experience, we assist businesses, investors and property owners with buying, selling and transferring commercial real estate, protecting their interests at every stage.

Contact us today on (02) 9412 4500 or submit an enquiry online at enquiries@dettmanns.com.

Book a consultation with us to get started.

Our Commercial Conveyancing Services

Commercial Property Purchases

We assist buyers with the legal process of purchasing commercial property, including contract review, due diligence investigations and settlement coordination. Our aim is to make sure you understand exactly what you’re taking on before you’re legally bound to it.

Commercial Property Sales

We provide legal guidance for property owners selling commercial real estate, ensuring contracts are properly prepared, disclosure obligations are met, and transactions proceed smoothly through to settlement.

Contract Review & Legal Advice

Our lawyers carefully review contracts of sale and associated documents to identify potential risks, obligations and legal considerations before you proceed, including special conditions that may shift risk unfairly onto one party.

Due Diligence & Property Investigations

We conduct thorough legal checks, including title searches, zoning considerations, planning restrictions and regulatory compliance, so nothing unexpected surfaces after settlement.

Property Development Transactions

We advise developers on property acquisitions, subdivisions, easements and related legal matters associated with commercial development, including staged settlements and off-the-plan arrangements.

Settlement & Title Transfers

We manage the legal process of settlement and transfer of ownership, coordinating with all parties to ensure contractual obligations are completed correctly and on time.

Commercial vs Residential Conveyancing: Why the Distinction Matters

Commercial conveyancing Sydney transactions differ from residential ones in several important ways. Commercial deals commonly involve existing leases, zoning classifications, planning permits and negotiated special conditions that simply don’t arise in a standard home purchase. This is why buyers and sellers of commercial property typically need broader legal input than a residential conveyance requires.
Consideration Residential Conveyancing Commercial Conveyancing
Cooling-off period Generally, applies under NSW law Generally, does not apply; exchange is usually binding
Existing leases Rarely a factor Common, often requires lease assignment and rent review
Zoning and planning Usually straightforward Often requires section 10.7 certificate review
GST treatment Not usually applicable May apply, including going concern or margin scheme
Contract complexity Standard terms Frequently includes negotiated special conditions
Development considerations Not applicable Relevant for subdivision and development sites
Typical buyer/seller Individuals and families Businesses, investors and developers
Retail premises bring lease disclosure obligations under the Retail Leases Act 1994. Development sites bring subdivision and easement considerations. And because commercial contracts generally don’t carry a statutory cooling-off period, pre-exchange legal review carries more weight than it does in a residential purchase.

How Does the Commercial Conveyancing Process Work in NSW?

A commercial property transaction in NSW generally moves through five stages. Each stage carries its own risks if handled without specialist legal input.

Before signing anything, we review the contract for sale against the requirements of the Conveyancing Act 1919 (NSW), checking special conditions, disclosure gaps and unfavourable terms. This is also when we negotiate amendments on your behalf, well before you're committed.

Once both parties are satisfied, contracts are exchanged and a deposit, commonly 10 per cent of the purchase price, is paid. Commercial contracts in NSW generally do not carry a statutory cooling-off period, so exchange is usually binding from that point, which is a key reason our conveyancing solicitor Sydney team pushes for thorough review beforehand.

Between exchange and settlement, we complete title searches, planning checks and lease reviews to confirm the property matches what was represented in the contract. This is where issues like undisclosed encumbrances or zoning restrictions tend to surface.

Commercial property settlement in NSW is generally completed electronically through PEXA, the platform used for most property transfers across the state. We coordinate with the seller's representative, the buyer's financier and NSW Land Registry Services to work towards finalising the transaction on the agreed date.

After settlement, we manage registration of the transfer with NSW Land Registry Services and notify relevant parties, including councils, utility providers and body corporates where applicable, so ownership is properly recorded.

Types of Commercial Property We Handle

We act for buyers, sellers, investors and developers across a broad range of commercial property types, including:

  • Office buildings and commercial suites
  • Retail premises, including transactions affected by the Retail Leases Act 1994
  • Industrial properties and warehouses
  • Strata commercial units
  • Mixed-use developments combining commercial and residential elements
  • Development and subdivision sites

Each property type carries different legal considerations. A retail purchase might turn on lease disclosure obligations under the Retail Leases Act, while a development site depends heavily on zoning and planning certificates. Understanding these distinctions early avoids costly surprises later in the transaction.

Legal Support for Commercial Property Buyers

Purchasing a commercial property involves more than signing a contract. Buyers must consider zoning regulations, property restrictions, lease arrangements and potential liabilities that may affect the property’s value or future use.

Key issues we help buyers work through include:

  • Zoning and permitted use: Confirmed through the section 10.7 planning certificate, which sets out what the property can legally be used for
  • Tenanted purchases: Reviewing existing leases, rent review dates and any rent adjustments that apply on settlement
  • Deposit structures: Working out whether a bank guarantee can be used in place of a cash deposit
  • Absence of a cooling-off period: Makes pre-exchange review important rather than optional, since exchange is usually binding
  • GST treatment: Checking whether the sale may qualify as a GST-free going concern

We conduct detailed legal reviews and due diligence investigations to identify risks before contracts become binding, so you enter the transaction with a clear understanding of your obligations and investment position. Choosing the right commercial conveyancing Sydney lawyer at this stage is often the difference between a smooth settlement and a delayed one.

Legal Support for Commercial Property Sellers

Selling a commercial property requires careful legal preparation so contracts are accurate and compliant with NSW property law. Issues such as disclosure requirements, lease arrangements and settlement terms need to be handled correctly to avoid disputes or delays.

Our team assists sellers with:

  • Meeting vendor disclosure obligations, including required prescribed documents under the Conveyancing Act 1919
  • Structuring sales subject to existing leases, including assignment of lease terms to the incoming owner
  • Drafting and negotiating contracts that reflect the agreed terms accurately, including special conditions
  • Managing the commercial property settlement process through to registration under the Real Property Act 1900

Solicitor vs Conveyancer: Who Should Handle Your Commercial Transaction?

Licensed conveyancers can manage straightforward residential transfers, but commercial transactions are a different proposition. Commercial deals routinely raise issues that fall outside a conveyancer’s scope of practice.
Consideration Licensed Conveyancer Commercial Property Solicitor
Standard contract review Can assist Can assist
Complex lease and tenancy issues Limited scope Full legal advice and negotiation
Zoning and planning disputes Cannot advise on legal risk Can advise and act
Negotiating special conditions Limited Full negotiation on your behalf
Representation if a dispute arises Generally, cannot represent you Can represent you, including in court
Development and subdivision matters Generally outside scope Can advise and manage
Ongoing legal relationship Transaction only Continuity across future matters

In most cases, a licensed conveyancer is not authorised to represent you if a transaction becomes contentious, whether that’s a dispute over a lease term, an undisclosed defect or a breach of contract.

As a full law firm led by Damian Phair, an Accredited Specialist recognised by the Law Society of NSW with more than 20 years of experience in commercial and property law, we provide solicitor-level advice on complex issues and continuity of representation from contract review through to resolution.

If a transaction develops into a dispute, our commercial litigation team can continue advising you without you needing to brief a new firm partway through.

This is the practical difference between a specialist commercial property lawyer and a standalone conveyancing service. It’s why we position ourselves as commercial property lawyers first, not just conveyancers.

Meet Our Team

Damian Phair

Principal Lawyer

Accredited Specialist | LLB, LLM

With over 20 years of legal experience, Damian has built a strong reputation for his expertise in commercial law and property transactions. His strategic approach and attention to detail help clients navigate complex commercial conveyancing matters with confidence.

Vanessa Wang

Senior Associate

LLB | Commercial & Property Law Specialist

Vanessa has been with Dettmann Phair Lawyers for over a decade, advising clients on commercial conveyancing, property transactions, and business matters. She is known for her clear communication and for simplifying complex legal processes for clients.

Protect Your Interests: Speak To Us

At Dettmann Phair Lawyers, we understand that commercial property transactions represent major financial decisions for businesses and investors.

Our team provides practical and strategic advice across all areas of commercial conveyancing and property law for Sydney buyers and sellers. From land tax to stamp duty, a commercial lease or property transfer, your legal position will be protected throughout the transaction process.

Whether you are buying, selling, or transferring commercial property, our legal services guide you every step of the way.

Book a consultation with our property lawyers today to learn more about us. You are free to email enquiries@dettmanns.com or send through an enquiry online.

GET IN TOUCH WITH US

Frequently Asked Questions

How is commercial conveyancing different from residential conveyancing?

Commercial transactions are generally more complex than residential ones. They often involve lease agreements, zoning regulations, planning restrictions and development considerations that require detailed legal review before exchange. Residential purchases also benefit from a statutory cooling-off period, which commercial contracts generally do not have.

How long does a commercial property settlement take in NSW?
Most commercial property settlement dates fall between 30 and 90 days after exchange, depending on contract terms, financing arrangements and due diligence requirements. Settlement itself is generally completed electronically through PEXA.
Do I need a lawyer for commercial conveyancing, or can a conveyancer act for me?
A licensed conveyancer can handle straightforward transfers, but commercial contracts frequently raise lease, planning and dispute issues that typically require a solicitor’s advice. A firm led by an Accredited Specialist can also provide continuity if the matter becomes contentious.
Is there a cooling-off period when buying commercial property in NSW?
Generally, no. Cooling-off rights under NSW law mainly apply to residential property. Commercial contracts are usually binding on exchange, which is why legal review before exchange is important.
What due diligence commercial property checks are required before buying?
Due diligence typically covers title searches, zoning and planning checks including the section 10.7 certificate, lease and outgoings review, environmental factors and regulatory compliance.
What items should I check in the contract before exchange?
Buyers should review GST treatment, settlement dates, existing lease terms, zoning restrictions, special conditions and the seller’s disclosure obligations before signing.
Do I pay GST when buying commercial property in NSW?

It depends on the transaction. Some sales may qualify as a GST-free going concern, while others attract GST or fall under the margin scheme. This should be confirmed before exchange.
What happens if a commercial property has existing tenants?
The buyer generally takes on the existing lease, including remaining lease terms, rent review dates and outgoings responsibilities. These should be reviewed carefully as part of due diligence, along with any rent adjustments due on settlement.
What is the deposit for a commercial property purchase in NSW?
The deposit is commonly 10 per cent of the purchase price, though this can be negotiated. Some buyers use a bank guarantee instead of paying a cash deposit, which can help preserve cash flow during the transaction.
Can I use PEXA for a commercial property settlement?
Yes. Commercial property settlements in NSW are now generally completed electronically through PEXA rather than the older paper-based settlement process.

Address

Suite 85, 47 Neridah Street, Chatswood NSW 2067

T (02) 9412 4500

E enquiries@dettmanns.com

 

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