Commercial property conveyancing covers buying, selling or transferring offices, shops, warehouses, factories and other non-residential property in NSW. Beyond the transfer itself, it means checking the zoning on the section 10.7 planning certificate, the title and any easements or covenants, the leases if tenants stay in place, and how the contract deals with GST, before you are bound. Settlement then usually runs electronically, because every NSW land dealing must be lodged electronically.
It includes due diligence on the title, zoning and approvals, review of the contract and any leases, negotiation of special conditions, and settlement.
For a tenanted property we also check the leases, rent, outgoings and options so you know what you are taking on.
Business owners buying their own premises, investors buying tenanted property, self-managed super fund trustees and landlords selling.
We also act on transfers between related entities, where transfer duty is generally assessed on the higher of the price and the market value even if little or no money changes hands.
The contract sets the timetable, including any period for due diligence, finance or approvals before the contract becomes unconditional.
Leases, notices to tenants and lender requirements can add steps, so the dates are worth negotiating before exchange.
Commercial matters vary widely in the documents involved, so we quote in writing after seeing the contract, the leases and the title.
The quote describes the due diligence and settlement work, and lists searches, certificates and government charges as separate disbursements.
| Scenario | Best option | Typical timing | Next step |
|---|---|---|---|
| Buying premises for your own business | Due diligence on zoning, approvals and title before exchange | Due diligence period agreed in the contract | Send the contract and how you plan to use the premises |
| Buying a tenanted investment property | Lease review alongside the contract and title checks | Before exchange, or during an agreed due diligence period | Send the contract, the leases and the rent details |
| Selling commercial property | Contract and attachments prepared with the lease information buyers will ask for | Contract prepared before the property is offered for sale | Send the title details, the leases and your lender's name |
Published by Baulkham Hills Conveyancing, a licensed NSW solicitor practice. Last updated 4 October 2026. General information only; contact us for advice about your matter.
We report the results of these checks to you in writing so you can decide whether to proceed, renegotiate or rely on a due diligence condition in the contract.
When a property is sold subject to existing leases, the buyer steps into the landlord's position. We review each lease for the rent and rent reviews, the outgoings the tenant pays, options to renew, security deposits or bank guarantees, and the tenant's repair and make-good obligations.
A seller needs the leases, any variations and the rent roll ready for the buyer's representative, and the contract should state how rent and outgoings are adjusted at settlement.
A commercial contract states whether GST applies to the price and on what basis, for example as a taxable supply, the supply of a going concern or under the margin scheme. The GST treatment can change the amount you pay and your entitlement to input tax credits, so we check how the contract deals with it and work alongside your accountant on the tax position.
Many commercial properties are bought through companies, trusts or self-managed super funds. The buying entity has to match your finance approval and the contract, and transfer duty is assessed on the higher of the price and the market value whichever entity buys.
Sources: Calculate transfer duty
Sources: 100% eConveyancing from 11 October
The statutory cooling-off period applies only to residential property as the Conveyancing Act 1919 defines it, and land used wholly for non-residential purposes is excluded, so a buyer of offices, shops or warehouses should not expect one. Vacant land on which building a home is not prohibited, or a house partly used for a business, can still count as residential property, so check before you exchange. Otherwise, protection comes from finishing due diligence before exchange or negotiating a due diligence or finance condition into the contract.
Yes. As well as leases that come with a sale, we can review a lease you are asked to sign as a tenant or offer as a landlord, and explain the rent, outgoings, options and make-good terms before you commit.
It is not a legal requirement, but a buyer relies largely on its own investigations, so building, pest and other condition reports are worth obtaining before exchange or during a due diligence period.
Yes, but unless an exemption or concession applies, transfer duty is payable on a transfer between related parties and is assessed on the higher of the price and the market value. Super fund purchases also have their own trust and lending rules, so we handle the conveyancing and work with your accountant or financial adviser on the structure.
Ready to start? Send us the contract or property details: call (02) 9000 1408, email info@baulkhamhillsconveyancing.com.au or request a quote online.