Property Law and Conveyancing
Property Law and Conveyancing
MKL provide conveyancing and property law services including:
Buying/Selling of Land- Residential and Commercial
Contract Review: MKL Legal provide drafting and review services to ensure Contracts for Sale of Land are fair and in the best interests of its clients.
Property Searches: MKL Legal assists with title searches to identify any potential issues with the property, such as outstanding debts, disputes or other encumbrances (easements/covenants etc).
Electronic Conveyancing (PEXA): MKL Legal are registered with PEXA to ensure a smooth and efficient electronic conveyancing process for the transfer of title and registration of relevant interests.
Liaison with Stakeholders: MKL Legal will handle communication with the various stakeholders involved in the property transaction, including banks, real estate agents, solicitors and government agencies (local councils, utilities providers) to facilitate a streamlined conveyancing process.
Retail Leases
MKL Legal can assist you with your commercial leases including:
Drafting and Reviewing Lease Agreements: Preparing and reviewing commercial, retail, and industrial lease agreements to ensure all terms are clear and legally sound.
Negotiation: Assistance in negotiating lease terms, including rent, duration, renewal options, and other critical clauses.
Lease Renewals and Extensions: Assistance with the process of renewing or extending existing leases, ensuring compliance with current laws and regulations.
Dispute Resolution: If disputes arise between landlords and tenants, assistance with dispute resolution and legal representation to resolve issues such as breaches of lease terms or rent disputes.
Assignment and Subletting: Assistance with the legal aspects of assigning a lease to a new tenant or subletting part of the leased premises.
Compliance and Advice: Legal advice on compliance with relevant laws and regulations, including the Retail Leases Act 1994 (NSW) and other relevant property laws.
Construction Contracts
MKL Legal provides legal services in relation to construction contracts including:
Contract Drafting/Negotiation: MKL Legal provides assistance in relation to the different types of construction contracts used in NSW including lump sum contracts, cost-plus contracts, and design and construct contracts.
Construction contracts must include essential clauses including
- A description of the work to be carried out.
- The contract price and payment schedule.
- Compliance with the Building Code of Australia and other relevant standards.
- A cooling-off period of five business days for contracts over $20,000.
In addition to the above construction contracts/projects must comply with the Home Building Act 1989 (NSW) including:
Licensing Requirements: Builders and tradespeople must be licensed to carry out residential building work. The Act sets out the requirements for obtaining and maintaining a license.
Statutory Warranties: The Act provides statutory warranties that protect homeowners. These warranties ensure that the work is performed in a proper and workmanlike manner, complies with the plans and specifications, and is fit for occupation.
Home Building Compensation Cover: For projects costing $20,000 or more, builders must provide Home Building Compensation Cover. This insurance protects homeowners if the builder cannot complete the work or rectify defects.
Contract Requirements: The Act specifies the requirements for residential building contracts, including the need for written contracts for work over $5,000 and detailed contracts for work over $20,000. Contracts must include essential terms such as the scope of work, contract price, and payment schedule.
Dispute Resolution: The Act provides mechanisms for resolving disputes between homeowners and builders, including mediation and adjudication through the NSW Civil and Administrative Tribunal (NCAT).
All land dealings, including construction contracts, must be lodged electronically in NSW and MKL Legal can assist you with this process through PEXA.
For further information or assistance with the above or construction contracts more generally, don’t hesitate to get in touch with MKL Legal.
Dispute Resolution
Direct Negotiation: MKL Legal can assist you with attempts to resolve the issue directly between the parties involved. This can often be the quickest and most cost-effective solution1.
NSW Fair Trading: If direct negotiation fails, NSW Fair Trading offers a free dispute resolution service. This service can help with issues related to residential tenancies, strata schemes, and other property-related matters. MKL Legal offers representation and advice in relation to dispute resolution before NSW Fair Trading.
NSW Civil and Administrative Tribunal (NCAT): If mediation does not resolve the issue, parties to the dispute can apply to NCAT. The Tribunal can make legally binding decisions on a wide range of property disputes, including residential tenancy issues, strata disputes, and other property-related conflicts. MKL Legal provides representation and advice relating to matters before NCAT.
Recent changes to property law in NSW
Electronic Lodgement: Since 11 October 2021, all land dealings in NSW must be lodged electronically. This change was part of a broader move towards digital processes in property transactions. Additionally, Certificates of Title (CTs) have become redundant and are no longer issued by the Registrar-General.
Electronic Signatures: Recent amendments to the Conveyancing Act 1919 (NSW) now allow land transaction documents to be valid and enforceable when they are electronically signed and witnessed. This applies to all contracts and deeds relating to land under the Real Property Act 1900 (NSW).
Strata Law Reforms: The NSW Government has introduced new strata laws aimed at protecting owners and making strata living easier. These reforms include:
- Strengthening developer accountability by requiring initial levies to be independently certified.
- Ensuring a robust initial maintenance schedule for new builds.
- Protecting owners corporations from unfair contract terms.
- Supporting the uptake of sustainability infrastructure in strata schemes, such as solar panels and electric vehicle charging.
Building Commission of NSW: Established on December 1, 2023, this new regulator combines teams from NSW Fair Trading and the Office of the Building Commissioner. It oversees the building and construction industry, ensuring compliance with the new legislation relating to expansion of inspection powers, anti-phoenixing laws and strata insurance.