Commercial Conveyancing

Commercial property & leasing in Queensland.

Whether you are buying premises, signing a lease, or leasing out a property, the detail matters. We protect your commercial interests.

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Overview

Commercial property, leasing & the law.

For many years Big Law has helped clients achieve their goals in the commercial real estate market. Commercial transactions reward attention to detail — the wrong clause in a lease, or an outgoings provision that should never have been agreed, can cost a business for years.

We have extensive experience acting for both landlords and tenants, and in negotiating tailor-made leases for commercial and retail premises. When we negotiate, our primary consideration is always a successful solution that protects our client’s interests.

Our commercial conveyancing work includes the negotiation, preparation and registration of leases and agreements to lease, due diligence, assignments, renewals and amendments, rent reviews, lease default and notices to remedy breach, legal advice certificates under the Retail Shop Leases Act, the exercise of options, and dispute resolution.

Retail Shop Leases

The Retail Shop Leases Act 1994 (Qld).

If your premises are a ‘retail shop’ under the Retail Shop Leases Act 1994 (Qld), the lease is subject to a layer of protective regulation that you cannot simply contract out of. The Act is designed to give retail tenants a fairer position.

  • Disclosure both ways — lessor and lessee disclosure statements must be exchanged at least seven days before the lease is entered into.
  • Minimum five-year term — retail tenants generally have a statutory minimum occupancy of five years including options, unless properly waived.
  • No-ratchet rule — clauses that stop rent decreasing on a market review are prohibited.
  • Land tax — cannot be passed on to a retail shop tenant.
  • Outgoings — only properly disclosed and permitted outgoings can be recovered, fairly apportioned.

Whether you are the landlord or the tenant

The Act cannot be contracted out of for retail shop leases. Trying to do so does not work — and a non-compliant lease can expose a landlord to claims. We make sure your lease is both commercially sound and legally compliant.

Landlords & Tenants

Acting for both sides of the table.

We act for landlords and for tenants — never both on the same matter — and the experience of having done both means we understand where the other side will push.

For landlords

  • Preparing leases that protect your asset and income
  • Compliant disclosure statements
  • Sound rent review and outgoings provisions
  • Acting on default, breach and recovery

For tenants

  • Reviewing the lease before you commit
  • Negotiating terms, options and incentives
  • Checking outgoings and rent review clauses
  • Assignments when you sell the business
Buying Premises

Buying commercial property.

Buying commercial premises is different from buying a home. There is generally no statutory cooling-off period for commercial property, GST treatment must be considered, and due diligence — existing leases, permitted use, zoning and outgoings — takes on real importance.

Since 1 August 2025, the seller disclosure regime under the Property Law Act 2023 (Qld) also applies to commercial freehold property. We guide you through due diligence and the contract so you know exactly what you are acquiring.

FAQs

Common questions about commercial property.

Is my lease a 'retail shop lease'?

Whether the Retail Shop Leases Act 1994 (Qld) applies depends on the premises and the use — broadly, it covers shops in retail shopping centres and premises used wholly or predominantly for certain retail businesses. The distinction matters, because the Act gives retail tenants protections that a general commercial lease does not.

We assess whether your lease is caught by the Act and advise on the consequences either way.

What disclosure is required for a retail shop lease?

Under the Act, the landlord must give a prospective tenant a Lessor Disclosure Statement at least seven days before the tenant enters into the lease, and the tenant must give the landlord a Lessee Disclosure Statement on the same timeframe.

Getting disclosure wrong has real consequences — a failure to disclose can give the tenant rights, including in some circumstances the ability to terminate. We prepare and review these statements properly.

Can a landlord pass on land tax and all outgoings?

For retail shop leases in Queensland, a landlord cannot recover land tax from the tenant. More generally, a landlord can only recover outgoings that are properly disclosed and permitted by the lease and the Act, and the apportionment must be fair and supported by budgets and statements.

We review the outgoings provisions so you are not paying costs you should not be.

How do rent reviews work?

Commercial and retail leases commonly provide for rent reviews by a fixed percentage, CPI, market review, or a combination. For retail shop leases, ‘ratchet’ clauses that stop the rent going down on a market review are prohibited, and there is a process for an independent valuer to determine market rent if the parties cannot agree.

We make sure the review mechanism in your lease is clear, lawful and commercially sensible before you sign.

I want to sell my business — what happens to the lease?

If your business operates from leased premises, the lease usually needs to be assigned to the buyer, which requires the landlord’s consent and a proper deed of assignment. The Retail Shop Leases Act sets out disclosure steps for assignments as well.

Start early — assignment takes time, and handling it correctly improves your chance of being released from future liability under the lease.

Related Topics

Other areas of law we can help with.

Setting up or buying a business

A commercial lease is often just one part of a larger transaction. If you're buying an existing business or setting one up from scratch, we can handle the legal side of the whole deal — not just the premises.

Buying commercial property

Purchasing commercial premises outright is a different process to leasing — there's no statutory cooling-off period and due diligence carries more weight. We guide you through the contract and settlement from start to finish.

Business interests & your estate

Business owners often overlook how a commercial lease — and the business itself — fits into their estate plan. We can make sure your business interests are properly accounted for alongside your personal assets.

Get in Touch

Negotiating a commercial lease or purchase?

Speak with our experienced Strathpine commercial team before you commit.

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