Australia: Real Estate

Significant changes are on the horizon for NSW’s building and construction industry, reshaping prefabricated construction, building approvals, design variations and regulatory accountability.

Victoria's Windfall Gains Tax captures up to 50% of land value increases resulting from government rezoning decisions. Understanding when this tax applies, how it's calculated, and what exemptions exist is crucial for landowners, developers and investors assessing project viability or negotiating transactions involving rezoned land.

Real estate markets are entering a more selective phase. Capital is concentrating on quality assets, financing conditions remain nuanced and structural themes are increasingly driving performance.

Bartier Perry recently acted for homeowners in two separate cases in the NSW Civil and Administrative Tribunal (Tribunal). In both matters the homeowners were successful, demonstrating that builders who perform residential building works and fail to comply with the statutory warranties pursuant to section 18B of the Home Building Act 1989 (NSW) (the HBA) could face significant financial liability.

Renovating within a strata scheme is rarely just a matter between a lot owner and their builder or contractor. Even works carried out entirely within a lot can affect common property – sometimes in ways that are not immediately apparent. For this reason, the Strata Schemes Management Act 2015 (NSW) (SSMA) establishes a structured approval regime designed to balance a lot owner’s right to renovate with the Owners Corporation’s responsibility to protect other lots, the common property, and the scheme as a whole.

Numerous judgments in the NSW Land and Environment Court have considered the scope of non-discretionary development standards under the State Environmental Planning Policy (Housing) 2021 (Housing SEPP).

The Australian government's 2026 federal Budget introduced significant changes to self-managed superannuation fund (SMSF) borrowing rules, restricting property purchases to 'business real property' only. Understanding the strict conditions, cutoff dates, and exemptions for existing arrangements is crucial for SMSF trustees considering property investments. This analysis explores what the new borrowing ban means for residential real estate purchases and how it affects current SMSF property holders.

Receiving a notice of exercise of power of sale marks a critical juncture in mortgage enforcement proceedings, raising urgent questions about whether the property sale can be prevented or delayed. This article examines the legal framework governing mortgagee sales in Queensland, the procedural requirements lenders must satisfy, and the practical remedies available to borrowers facing imminent property disposal through power of sale.

On 30 June 2026 the Supreme Court of New South Wales handed down its judgment in Forever Grateful Holdings Pty Ltd v Chief Commissioner of State Revenue [2026] NSWSC 761, which clarified the point in time at which the relevant facts are to be considered when determining a duty liability arising under the Duties Act 1997 (NSW) (Duties Act).