Buying Commercial Property in Queensland? Don’t Skip These Checks
Commercial property deals move fast, and it’s tempting to focus on price and location and leave the fine print for later. But commercial purchases carry risks a residential buyer never has to think about, from zoning to existing tenants to contamination. Here’s what checks we’ll carry out before you commit.
1. Title and Ownership
We’ll start with a title search to confirm who actually owns the property and what’s registered against it -mortgages, caveats, easements, or covenants that could limit what you can do with the site.
2. The Seller’s Disclosure Statement
Since August 2025, sellers are required to give you a disclosure statement and relevant certificates before you sign. We’ll start with reading it in detail – but it’s a starting point, not the finish line. If something’s missing or inconsistent with what you’ve been told, we’ll raise it with you before you sign, not after.
3. Zoning and Planning
We’ll check the local planning scheme to make sure your intended use is actually allowed. Some zones restrict signage, operating hours, or future redevelopment and an existing use that isn’t properly approved can disappear if it lapses.
4. Existing Leases
Buying a tenanted property means inheriting the landlord’s existing obligations. At Legali, we’ll check rent, outgoings, option periods, and whether any leases are retail shop leases with their own disclosure requirements. Unresolved disputes or rent arrears become your problem the moment you settle so it’s important you get good legal advice.
5. Building Approvals and Compliance
We’ll confirm the building has proper development and building approvals, and that what’s actually built matches what was approved. Fire safety compliance and essential safety measure records are worth checking too as non-compliance can be expensive to fix.
6. Contamination and Environmental Risk
We’ll also check the Environmental Management Register and Contaminated Land Register, particularly for sites with a former industrial, automotive, or dry-cleaning use. Contamination can limit how you’re able to use or redevelop the land.
7. GST and Tax
Commercial sales can attract GST or may qualify for the going concern exemption if sold as a tenanted, income-producing asset. You’ll need to get advice on this early from your accountant as it affects the numbers on both sides of the deal.
8. The Contract Itself
Before signing, one of our lawyers will review the contract and check for any one-sided clauses and make sure it includes the right special conditions – due diligence, finance, and any necessary approvals for your intended use.
At Legali, we regularly help buyers work through exactly these checks before they commit to a commercial property purchase. Getting advice before you sign, rather than after a problem surfaces, is the easiest way to avoid a costly mistake.
Reach out to our team and we’ll review your contract and due diligence position before you go any further.