What Is Commercial Conveyancing? A Complete Guide to Every Service | Westgate Conveyancing

Overview of Commercial Conveyancing

Commercial conveyancing covers the legal transfer of property used for business purposes — offices, retail premises, industrial sites, and mixed-use developments. It differs from residential conveyancing in several ways: leases often attach to the property, GST can apply to the sale price, due diligence must confirm permitted use and zoning, and finance conditions are usually more complex. A conveyancer working on commercial matters needs to understand these layers before a contract is signed, not after.

Westgate Conveyancing applies the same licensed, flat-fee approach we use for residential settlements to commercial transactions. Every matter is handled by a dedicated conveyancer who reviews the contract, runs the required searches, and coordinates with lenders and agents through to settlement.

Our Commercial Conveyancing Services

1. Commercial Purchase Conveyancing

   • Contract of sale review specific to commercial terms
   • Due diligence on zoning, permitted use, and planning overlays
   • GST implications, including going concern exemptions and the margin scheme
   • Title and property searches covering easements and covenants that affect business use
   • Liaising with lenders on commercial finance conditions
   • Settlement coordination

2. Commercial Sale Conveyancing

   • Preparing the contract of sale and vendor disclosure statements
   • Responding to purchaser due diligence queries
   • Lease disclosure obligations where the property is tenanted
   • Discharge of any existing commercial mortgage
   • Settlement and fund coordination

3. Leasing & Lease Conveyancing

   Leasing matters have no direct residential equivalent and require specific knowledge of the Retail Leases Act 1994 (Vic).

   • Reviewing and drafting commercial leases
   • Lease assignments and transfers
   • Retail Leases Act compliance for Victorian retail premises
   • Rent reviews, option periods, and make-good clauses
   • Representation for either landlord or tenant

4. Business & Commercial Investor Conveyancing

   • Purchases through trusts, companies, or SMSFs
   • Reviewing tenancy and lease agreements for investment properties
   • Assessing clauses that affect rental yield
   • Structuring guidance for clients building a commercial portfolio
   • Stamp duty and land tax considerations for commercial holdings

5. Industrial & Retail Property Conveyancing

   • Zoning and permitted-use verification
   • Environmental and contamination searches, common for industrial sites
   • Compliance certificates specific to commercial premises

6. New Commercial Developments & Off-the-Plan Commercial

   • Developer contract review
   • Staged payments tied to construction milestones
   • Sunset clauses and delay protections
   • Strata and owners corporation considerations for commercial subdivisions

Why Choose Westgate Conveyancing

Commercial transactions carry more variables than residential ones, which is why our clients get a licensed conveyancer for the full matter, a free contract review before signing, and one flat fee with no hidden costs. Multilingual support and 7-day availability mean you can reach your conveyancer when a query arises, not only during standard business hours. These are the same standards behind our 900+ five-star Google reviews.

Process

Commercial conveyancing generally follows this sequence, though timing shifts depending on whether you are buying, selling, or leasing:

• Initial contract review and identification of special conditions
• Due diligence searches: title, zoning, planning overlays, and any environmental checks required
• Review of GST treatment and confirmation of any exemptions that apply
• Liaising with your lender on finance conditions and settlement dates
• Reviewing lease documents if the property is tenanted
• Preparing and exchanging settlement documents
• Coordinating funds and registration on settlement day

Because commercial contracts often include negotiated special conditions, we review these clause by clause before you sign, not after the cooling-off period has passed — noting that many commercial contracts do not carry a cooling-off period at all. For more details on what happens after review, see our post Steps to Take After Your Victoria Property Contract Review.

Costs

Westgate Conveyancing charges a flat fee for commercial matters, with no hidden costs added as the file progresses. Every client also receives a free contract review before committing to a purchase, sale, or lease. Fees vary depending on the type of transaction — a straightforward sale is not priced the same as an off-the-plan commercial development with staged payments — so specific fee ranges are confirmed once we know the transaction type. Ask for a written quote before instructing us so there is no ambiguity about what is covered.

FAQs

Can Westgate Conveyancing handle a commercial purchase made through an SMSF or trust?

Yes. We work with purchases made through trusts, companies, and self-managed super funds, and provide structuring guidance for clients building a commercial property portfolio. Documentation requirements differ from a standard individual purchase, so we confirm the correct entity details before the contract is prepared.

What does the Retail Leases Act 1994 mean for a Victorian commercial lease?

The Retail Leases Act sets disclosure, rent review, and make-good obligations for many retail tenancies in Victoria. Not every commercial lease falls under it, so we assess whether your lease is covered before drafting or reviewing terms, and flag any compliance gaps to the landlord or tenant.

When does GST apply to a commercial property sale?

GST treatment depends on factors such as whether the sale qualifies as a going concern or whether the margin scheme applies. These exemptions can materially change the price payable, so we review the contract’s GST clauses as part of due diligence before settlement.

Does Westgate Conveyancing cover commercial property outside Melbourne’s CBD?

We act on commercial matters across Victoria, including industrial and retail sites in outer Melbourne suburbs and regional areas. Each search set is tailored to the property’s location, since zoning overlays and council requirements differ between municipalities.