Connect with Us

Agile. Innovative.
Empowered Choices

Property & Development

Due Diligence

Assistance in conducting a range of due diligence that might impact the purchase or proposed development of your property.

We help ensure your investment is safe, mitigating the risks associated with a property purchase or proposed development by conducting proper due diligence.

A property may be subject to various restrictions, easements, caveats and a whole range of other issues. It is imperative that anyone looking to acquire a property seeks legal advice prior to purchasing and conducts a thorough due diligence of the property before signing any sale documentation or proceeding with a proposed development.

We can assist you in ensuring that the property you intend to purchase matches the details provided in the title and plan.

Often a property is subject to various restrictions and controls on the use of the land by the applicable Council. We look into the planning controls and policies under the relevant planning scheme, building works on the property (if applicable) and any restrictive covenants on title to make sure you are aware of any restrictions and past dealings on the property you may purchase.

We are also able to review any leases in respect of the property to ensure that they are valid and enforceable and to ensure that you understand the key terms and your obligations in relation to the leases.

Searches and due diligence procedures are also conducted to ascertain whether the property is affected by an Owners Corporation and, whether the Owners Corporation is limited or unlimited. In addition, we are able to provide advice on whether there are any other conditions the subject of the Contract which may affect your rights.

We currently assist a range of clients including first home buyers, experienced buyers, owner-occupiers and investors and property developers.

We assist with all aspects of a property and planning due diligence investigation required before acquiring or developing a property. This includes assisting you to obtain any planning permit required for the proposed use and development of the property. We are always up-to-date with the relevant legislation in this area and can assist and guide you through the due diligence process if you are looking to purchase or develop a property.

We review, we advise and we provide you with recommendations on how to practically approach any given situation.

Due Diligence experience to help you when you purchase a property or develop:

  • Review and advice on Contract of Sale and Vendor’s Statement (Section 32)
  • Dealings with Easements, Caveats and Restrictions
  • Planning Scheme (including zoning) review of permitted use and development
  • Building approvals
  • Planning permits
  • Titles and plans
  • Commercial Leasing
  • Bushfire affected areas
  • Owners Corporation matters
  • Local Council
  • Flood and fire risk
  • Swimming Pools

Our Due Diligence Lawyers

Kristy Muhlhan

Principal

Kristy Muhlhan

Principal
LL.B (HONS) GRAD DIP. L.P., GAICD.
Since 2014, she has been a part owner and director of the firm and has mastered a broad range of essential commercial and business skills which go hand in hand with the work she does...

Annabel Viner

Special Counsel

Annabel Viner

Special Counsel
Annabel leads the planning practice within the Property and Planning Team at Burke & Associates Lawyers.

Stewart Davis

Lawyer

Stewart Davis

Lawyer
As well as property law, Stewart has had exposure to VACT administration matters and commercial law, particularly servicing developer clients.

Peter Hall

Lawyer

Peter Hall

Lawyer
Peter deals mainly with both residential and commercial conveyancing, and leasing agreements.
Talk to a Due Diligence lawyer with
a free 15-minute consultation