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Property Development

Assisting property developers  through all stages of the development of land from breaking ground through to the marketing launch for pre-sales through to settlements and including planning and property due diligence, approvals and permits, subdivision of land, off-the-plan Contracts, advice on sales and subdivision process, certifying pre-sales for construction finance and more.

It is not easy (or cost effective) finding a lawyer who already understands your industry, the demands on you as a property developer, and your expectations and values. We apply our property development industry expertise and overall understanding of the property market to help guide your operations.

Property development is a complex business involving sale and purchase of properties including residential, industrial, commercial, mixed-use and vacant land.

Our property development team understand the industry. They are experienced in the full cycle of the project including in relation to planning, property, commercial and dispute matters that arise in the ordinary course of a property development. Our extensive experience means that we can identify issues that you may not have considered, advise you on the options available and provide commercial and practical recommendations.

We know that property developers are time-poor. Our advice is timely, clear and succinct.

In instructing us, you have the peace of mind that professional fees are agreed at the outset, so there are no surprises.

Our firm is structured so that we manage legal projects and services with our clients in a way that delivers efficient, innovative and effective outcomes.

You can be assured that you are able to speak directly to the lawyer handling your matter.

In addition to being there when things go wrong, we focus on prevention and best practice. We understand that it is hard to think about the future, but it’s worse if you haven’t. Having robust but straightforward agreements, processes, procedures and plans in place from the outset prevent disputes and unnecessary costs down the track.

For example, if you are undertaking a not-in-common-ownership (NICO) subdivision, have you considered having a joint venture or partition agreement in place to protect your interests and plan for the future in the event that all lots in the plan of subdivision are not sold?

Ask us about our support services which give you (and designated members of your team) the luxury of having a property development experienced lawyer immediately on hand to provide support as and when needed.

Ask us about our free visits to your office and legal health-checks.

Kristy Muhlhan is one of our principal lawyers and head of our Property Development team. Please contact her for a ‘no obligation’ meeting to discuss how we may work together for your new or existing development project.

Property industry expertise to help Developers

  • Acquisition of development sites, including negotiations and drafting of special conditions, Contract reviews and conveyancing
  • Planning and property due diligence
  • Subdivisions (including NICO)
  • Advice on Sale of Land Act 1962 including material changes to plans of subdivision
  • Sale of development sites
  • Development agreements
  • Joint venture agreements
  • Partition agreements
  • Planning and development agreements with statutory authorities
  • Planning, environment and building restrictions and requirements
  • Planning and building approvals and compliance
  • Off-the-plan contracts
  • Conveyancing for small to large scale developments
  • Banking and finance including certifying pre-sales for construction finance
  • Easements and covenants
  • Adverse possession and boundary disputes
  • GST, stamp duty and taxation
  • Disputes and litigation including breach of contract, building disputes, defects and more
  • Compulsory acquisition and compensation

Our Property Development Lawyers

Kristy Muhlhan


Kristy Muhlhan

Kristy heads the Property, Planning & Development practice at Burke & Associates Lawyers. She is a passionate lawyer with over a decade of experience in all aspects of property law and development.

Steve O’Dor

Special Counsel

Steve O’Dor

Special Counsel
Steve was admitted as a solicitor to the Supreme Court of Victoria and High Court of Australia in 2012. He predominantly practices in commercial litigation, general commercial and property law.

Stewart Davis


Stewart Davis

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

Peter Hall


Peter Hall

Peter deals mainly with both residential and commercial conveyancing, and leasing agreements.

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