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There’s more to property development than just building great houses or commercial spaces — there’s a whole legal side that needs to be navigated.
From licensing and permits to contracts, compliance, and risk management, ensuring your business meets Australian legal requirements is crucial.
Don’t worry, though — we’ve got you covered. Keep reading to learn about the legal essentials of starting a property development business.
How Do I Set Up A Property Development Company In Australia?
The first step to setting up your property development company in Australia is registering your company. To successfully set up your company, you’ll need to have a clear idea of the type of company you want, your future goals, and your business operations. This will help you choose a company structure that best suits your needs.
For instance, if demonstrating strong social and environmental values is important to you, you might consider pursuing B-Corp certification after establishing your company. On the other hand, if you plan on securing capital for your property development business, you may want to explore a dual structure company. Chatting with a legal expert can help you understand your options and make the right choices for your property development company.
So, how exactly do you register a company?
The process for setting up your company involves careful planning and making key legal decisions. You will need to determine who the shareholders and company directors will be, how the company will be governed, and other essential details. Before filing your application with the Australian Securities and Investments Commission (ASIC), ensure you have all the necessary information, including your chosen company name and structure, as well as details about directors and shareholders.
Once you have this in place, the next step is to submit your application to ASIC to officially register your company. It’s important to do this carefully and follow all of ASIC’s regulations — remember, ASIC is the main regulator for companies in Australia. As long as you’re running your property development company, you will have ongoing obligations, such as notifying ASIC of any company changes. Familiarising yourself with these requirements early on will help ensure compliance and avoid potential issues down the track. Once your application is approved, you will receive an Australian Company Number (ACN), confirming that your business is officially registered in Australia.
The process of registering a company can seem complex and daunting, but the help of a legal expert can ease this burden. For more information on setting up a company, check out our article: Steps To Incorporate Your Small Business In Australia.
What Licences Will I Need To Start A Property Development Company?
The exact licences your property development company will need will depend on the activities your company undertakes as well as the location of your projects. Licence and permit requirements may differ based on the type and scope of each development. However, it’s still a good idea to familiarise yourself with the key licences you might need. Below, we’ve listed some of the most important ones.
Builder’s Licence
A builder’s licence is required if you plan on directly engaging in construction work. Since builder’s licence requirements vary by state, you’ll need to apply through the relevant state authority:
- NSW: NSW Fair Trading
- VIC: Victorian Building Authority
- QLD: Queensland Building and Construction Commission (QBCC)
- WA: Department of Mines, Industry Regulation and Safety
- SA: Consumer and Business Services
- TAS: Department of Justice – Consumer, Building and Occupational Services
- ACT: Access Canberra
- NT: Department of Industry, Tourism and Trade
If you don’t plan on directly managing construction, then it’s important to ensure that any builders your property development company hires are properly licensed and qualified for the task.
Real Estate Licence
In some cases, property developers expand their services to include selling, leasing, or marketing properties. If this applies to your business, you will need to obtain the appropriate real estate licence to legally carry out these activities, as they typically fall under real estate industry regulations.
Each state has its own licensing authority for real estate professionals, so check with your state’s regulatory body.
Development & Planning Approvals
Compliance with zoning and planning laws is crucial for any property development project. Most local councils require property developers to submit development and planning applications before any construction begins.
Once your application is approved, you’ll have the green light to proceed with the project.
It’s important to secure these approvals before starting work—failure to do so can result in costly delays, penalties, or even a project shutdown.
Additional Approvals for Construction Work:
Depending on your project, you may also require extra permits from your local council if your development affects public infrastructure, such as roads or water systems. These include:
- Water & Sewerage Permits – Required if your project involves connecting to or modifying public water/sewerage systems.
- Road Opening Permits – Required if your construction work affects, blocks, or alters public roads or footpaths.
Environmental Planning & Protection Approvals
Environmental approvals are state-regulated and help ensure your development complies with environmental protection laws. These approvals may require environmental impact assessments to ensure your project minimises harm to protected areas, waterways, or wildlife.
- NSW: Environment Protection Authority (EPA NSW)
- VIC: Environment Protection Authority Victoria (EPA VIC)
- QLD: Department of Environment and Science
- Other states: Respective environmental agencies
In some cases, you may need to modify project plans to comply with environmental laws. It’s best to research these requirements early on to avoid unexpected delays.
Additionally, if your project falls on or near a heritage site, you may also need to obtain a Heritage Site Approval from the relevant state heritage authority or local council.
Understanding which licences you need and when can be overwhelming, especially if you’re unfamiliar with the legal landscape. Consulting with a legal expert in compliance is always a safe bet — they can ensure you have the necessary licences before starting a project and provide peace of mind.
Do I Need Any Other Legal Documents?
Licences and permits aren’t the only legal documents you’ll need when starting a property development company. Contracts and policies help protect your business from liabilities, ensure legal compliance, and keep all parties aligned. While many legal documents aren’t required by law like licences or permits, having the right ones in place is highly recommended — not doing so could leave your company exposed to unnecessary risk.
Here are a few key legal documents to consider:
Service Agreement
Closing a deal with a client is always exciting, but make sure you have a strong service agreement to go along with that handshake. A service agreement outlines key terms such as scope of work, payment terms, and responsibilities, ensuring that both you and your clients have clear expectations.
Contractor Agreements
When hiring contractors, a formal contract is essential. It should clearly define the tasks they’ve been hired for, payment terms, and other important conditions to protect both parties.
Employment Agreements
For internal employees, a formal employment contract is required. This document should cover their role, responsibilities, salary, and your legal obligations as an employer, ensuring compliance with employment laws.
Privacy Policy
If you plan to have a website for your property development company, a privacy policy must be clearly visible. Under Australian privacy regulations, any business with an annual turnover of more than $3 million — or one that collects personal information from website users — must have a privacy policy detailing how user data is collected, stored, and used.
Non-Disclosure Agreement (NDA)
Confidentiality is crucial in business. From internal company documents to project details, protecting sensitive information is essential. A strong NDA ensures that confidential information remains secure when dealing with employees, contractors, or business partners.
Will My Property Development Company Be Impacted By Any Laws?
Yes, all companies are impacted by the law, and your property development company is no exception. It’s important to get legal compliance advice tailored specifically to your business to understand the exact laws you need to comply with and the best practices for doing so.
For now, here are a few key areas of law you may want to look out for.
Employment & Workplace Safety Laws
As an employer — whether you hire internal employees or external contractors — you will have certain legal obligations towards them. Ensuring that everyone working for your property development company is receiving the correct entitlements and being treated fairly is your responsibility as an employer.
Often, this includes:
- Keeping accurate records of employment contracts, payslips, and working hours.
- Providing a safe work environment that complies with Work Health & Safety (WHS) laws.
- Ensuring proper equipment is available for safe working conditions.
- Training staff on workplace safety and fair work policies.
Taking care of your employees is a continuous responsibility, and failure to comply with Fair Work and WHS regulations could lead to penalties.
Intellectual Property (IP) Law
There are many property development companies out there — your intellectual property (IP) is one way to set your brand apart.
Logos, slogans, business names, and unique branding can be key differentiators, but they must be legally protected to prevent others from copying or using them.
- Trademarking your brand name and logo ensures that no other business can legally use them.
- Registering designs and securing copyrights can protect creative assets such as architectural plans or marketing materials.
It’s always a good idea to chat with an IP expert to protect your business assets — otherwise, your brand and creative work could be at risk.
Australian Consumer Law (ACL)
The Australian Consumer Law (ACL) applies to all businesses selling goods or services in Australia, including property development companies.
Key obligations under ACL include:
- Misleading or deceptive conduct is prohibited – all marketing and contracts must be truthful.
- Fair contract terms – any agreements with clients must not contain unfair terms (this also works to protect your small business).
- Consumer guarantees apply – buyers of residential property or related services may have rights under ACL.
Breaching consumer protection laws can lead to significant penalties, so it’s important to ensure your business complies with ACL in advertising, contracts, and customer dealings.
Data & Privacy Law
If your property development company collects, stores, or uses personal information from employees, customers, or any other parties, you will likely need to comply with Australian privacy laws.
Key privacy obligations include:
- Ensuring data security – businesses must take reasonable steps to protect personal information from misuse or unauthorised access.
- Compliance with the Notifiable Data Breaches (NDB) scheme – if a data breach occurs, businesses may be required to report it to the Office of the Australian Information Commissioner (OAIC).
If your property development company operates a website, client database, or CRM system, it’s a good idea to seek legal advice on privacy compliance.
Key Takeaways
Starting your own property development business requires compliance with strict legal considerations and protecting your company from risks through legal measures. Expert legal guidance can help you navigate this process.
To summarise what we’ve discussed:
- Registering your property development company with ASIC is the first step, ensuring you choose the right structure and understand your ongoing compliance obligations.
- Licences and permits depend on the type and location of your projects — builder’s licences, real estate licences, and planning approvals are some key requirements.
- Legal documents such as service agreements, contractor agreements, employment contracts, and NDAs help protect your business and minimise risk.
- Employment and workplace safety laws apply if you hire employees or contractors, requiring compliance with Fair Work and WHS regulations.
- Intellectual property protection is crucial — trademarking your brand name, logo, and other creative assets helps prevent misuse.
- Australian Consumer Law (ACL) applies to property developers, ensuring fair contracts, truthful marketing, and compliance with consumer guarantees.
- Privacy and data protection laws impact businesses that collect personal information, requiring secure data handling and compliance with the Notifiable Data Breaches (NDB) scheme.
If you would like a consultation on starting a property development business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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