Commercial Property in Queensland

Property law · Commercial

Commercial property

Offices, shops, warehouses, industrial and development sites.

Commercial property is bought for income, use or development, so the questions are different. What can the land be used for? Are the leases sound? How is GST treated? Who should own it? A due diligence period in the contract gives you time to find out — if it is used well.

ContractREIQ commercial or negotiated form
Key periodDue diligence
TaxGST treatment agreed in the contract
BuyerIndividual, company, trust or SMSF
The issues particular to commercial property
GST

The contract must state whether the sale is a going concern, under the margin scheme, or taxable at the full price. Getting this wrong can add 10% to the cost.

Zoning and use

Check the zoning and approvals allow your intended use, signage, parking and any expansion.

Leases and tenancy schedule

Read every lease, option and side deal. Check rent, outgoings recoveries, arrears, bank guarantees and expiry dates.

Building compliance

Fire safety, essential services, disability access and an asbestos register for older workplaces.

Environmental

Contaminated land listings, previous uses such as fuel or chemicals, and any notices.

Who buys

A company, trust or SMSF changes duty, land tax, lending and tax. SMSF purchases with borrowing need a holding trust set up correctly before you sign.

Land tax and duty

Commercial land usually attracts land tax. Duty, foreign acquirer duty and land tax surcharges depend on the buyer.

Foreign investment

FIRB approval may be needed depending on the buyer and the value.

Due diligence checklist

Property and title

  • Title, easements and covenants
  • Survey and boundaries
  • Council approvals and notices
  • Strata or body corporate records for commercial units
  • Services, access and road widening

Income and operations

  • Leases, options and guarantees
  • Outgoings budgets and recoveries
  • Retail shop lease compliance for retail tenants
  • Service and maintenance contracts
  • Building and plant condition reports
Where commercial purchases go wrong
  • GST clause that does not match the facts
  • Going concern claimed when it does not qualify
  • Intended use not permitted by zoning
  • Leases with options or rent reviews not disclosed
  • Bank guarantees not transferred to the buyer
  • Due diligence period too short or not used
  • SMSF or trust structure set up after signing
  • Land tax not budgeted
  • Retail lease non-compliance passed to the buyer
  • Environmental issues found after settlement

How we help — our difference

We have extensive experience as a corporate and commercial lawyer. We structure the purchase, run the due diligence and negotiate the contract terms that matter. Your matter is handled personally by an experienced solicitor, working with your accountant and lender.

  • Contract terms negotiated, including GST
  • Due diligence planned and managed
  • Lease review and tenancy schedule checks
  • Company, trust and SMSF buyers
  • Off-the-plan commercial purchases
  • Clear, fixed quoted fees

Buying or selling commercial property? Talk to us first.

A short first phone call is free. Detailed advice on your situation is given at a paid consultation, by appointment.

General information only, current as at October 2026 — not legal advice for your situation. Laws, fees and duty rates change, so we confirm the current position before advising you. Official information: Queensland seller disclosure · Queensland Revenue Office.