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Hi Margaret,
Is stamp duty payable on a transfer of real estate from father to sibling or vice versa?
Please help. What would be the best way to do this transfer?
Regards,
Neville
Margaret's answer is on the next page. Please click below.
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Hi Neville,
The answer to depends upon which state you live in.
For example, if you live in NSW and the property is located there, then the stamp duty which would apply will be the same amount that you would pay were you to buy the property.  This means that the property must be valued by a duly qualified person and then stamp duty is assessed on the basis of this valuation. 
You will also have the costs of a solicitor or conveyancer, who must still have the property conveyed to you and so will charge you for that in a similar way to how you would be charged if it were a purchase.
Where property is transferred between family members, it's theoretically possible to transfer property using a 'transfer' form and without going to the expense of having a full contract for sale prepared, with appropriate disclosure documents such as title searches and council zoning certificates. You may prefer to use the usual contract for sale however, as this will protect all parties to a greater degree.
In some states there may be an exemption for transfer between family members, although this usually applies only to spousal transfers.  Depending on the nature of the real estate some exemptions may apply - property used for primary production (family farm) may be exempt and other real estate might have some exemptions depending upon the circumstances around the transfer.
Also be aware that, depending upon the nature of the property for your father (for example if it was his investment property), there may be capital gains tax to be paid.
I find the offices of state revenue in each state are very helpful, so you should give them a call and discuss your personal circumstances.
Kind regards,
Margaret
Have a property question?   <a href="mailto:askmargaret@propertyobserver.com.au" target="_blank">Ask Margaret!</a>
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Do I need to pay stamp duty if I transfer a property to a family member? Ask Margaret

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Hi Margaret,
My wife and I are considering building a duplex on the Sydney residential block where we currently live in our principal place of residence. The loan on the home is in my wife's name only and the balance of the mortgage is held in cash in the offset facility.
Our plan is to borrow to build the duplex, live in one and use the rental income from the other to pay down the loan and keep them both. We would both like to be signatories on the new loan. From a gearing perspective my wife is most likely to be the highest salary earner over the life of the loan.
My question then is what would be the best way to refinance/restructure the loan to minimise our tax liabilities? Alternatively, who would be the best person to approach for advice on this matter? Our accountant? Taxation specialist? Mortgage broker?
Margaret Lomas' answer is on the next page. Please click below.
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You will need to check with your accountant for your own individual circumstances, but I would suggest that he or she will most likely advise you that, for tax purposes, the land owner ( your wife) is treated as the recipient of all income / deductions including interest.
You have not specified if she is the only one of the two of you on the certificate of title - if so then only your wife gets the deductions. If you are both on title, but the loan is only in your wife's name, you need to check on her deductibility status, as I would suggest that the entire loan may not be deductible if only half the property is hers.
The name on any loans is irrelevant - except in regards to providing the security for the debt - as it is treated for tax as "on lent". I always tell people to be very careful when they structure their loans as the bank may not be giving the correct advice, or any advice at all in regards to structure. 
The bank will notoriously protect themselves by seeking commitment from both parties (where there is more than one) even where both parties may not be on the title, and this can really play around with your ultimate deductibility. 
I would have to say that when a new client comes to my company, Destiny, eight times out of 10 they have the wrong structure in place.  At times this can be fixed, but at others it cannot, and the best we can do is ensure that going forward, all is correct!
With regard to the new loan for the duplex, you must have your accountant correctly establish the relationship between the current debt in your wife's name and the present property, which is your Principal Place of Residence (PPOR). This is because the portion of the end debt which relates to the PPOR will not carry any deductions, while any portion of the debt relating to the new part of the build will be if it is income producing.
In relation to obtaining that new debt for the build, I am not sure why, if your wife will be the higher income earner, you wish to have this new loan in both names.
The highest income earner brings the highest deductions, and therefore the property and loan is best placed in that person's name, as long as you expect this situation to continue. In any event, even if you do use both names on any new debt, this won't change the fact that the title is in her name and so the deductions are hers.
You can only change this if, prior to undertaking the project, you essentially buy half of the property off your wife. You will pay stamp duty on half of the market value of the whole property, even if she sells it to you for a nominal amount.
I am not sure where you live, but in some states (such as Victoria) you can make a transfer of title by way of 'love and affection' and avoid this stamp duty - so check with the office of state revenue in your state.
When you do rent out the new property, be careful how you manage the rental income to pay off your personal debt.  he tax office does not like you to capitalise interest on an investment debt, and it will be critical for you to get proper tax advice appropriate to your personal circumstances before undertaking any rapid mortgage reduction strategy.
At the end of the day, always check with your accountant before making any move at all. 
Well-meaning mortgage brokers and banks are not usually able to provide you with the right kind of guidance in this very complex area. 
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Ask Margaret: How can I restructure my loan to minimise my tax liabilities?

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Hi Margaret,
I have an interesting issue relating to a property my wife and I are renting. The property is in fact two separate units: the down stairs is a commercial premises where my wife runs her hair salon while upstairs is a separate residential unit. We live upstairs and pay separate rent on a separate lease for this property.
This is where it gets murky. The landlord is demanding my wife pay the full rates for the premises. As I understand it, my wife is responsible for the rates on the commercial premises below, but not the residential domicile above. The landlord refuses to get the property registered as two separate units and as such is demanding we pay all the rates.
The entire building is on one single water system, making calculation of bills nigh on impossible as well but interestingly upstairs has a separate electricity and gas supply to downstairs. Surely this would be indicative of a separate property.
The landlord is a solicitor and is using a bullying and brutish attitude to try and brow beat us into submission. Her attitude it would seem is that because neither of us has the legal acumen to rebuke her demands she can just steamroller over us. I'm hoping you can point me in the direction of the relevant legal statutes that would help us fight our corner.
Read Margaret Lomas' answer on the next page.
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I have taken a while to do some research for this question, including seeking some advice from my friend Rob Balanda, who is a QLD property lawyer.
You say that:
"The property is in fact two separate units: the down stairs is a commercial premises where my wife runs her hair salon while upstairs is a separate residential unit. We live upstairs and pay separate rent on a separate lease for this property."
This means that you have two leases in place – a commercial lease for the hair salon, and a residential lease for the unit above, in which you reside.
While it is important to point out that each state has its own Tenancy Act, they do share some commonalities and these commonalities most likely relate to your current problem.
Generally speaking, a commercial lease requires that the tenant pays all outgoings, including council rates, which is currently occurring for you.
Again generally speaking, a residential lease requires that the landlord pay all council rates, and not the tenant.
When it comes to the water rates and usage, a commercial lease requires the tenant to pay both, but in a residential lease the landlord must pay the water rates while the tenant pays the usage.  Note that the way usage is dealt with is different in each state, so you should check with your Department of Fair Trading to see how they are dealt with in your state.
As your water usage is shared and not seperately metered, things are a little tricky.  In QLD, this is what the Tenancy Act has to say:
Residential Lease
If the residence is not individually metered, the tenant can be made to pay water consumption charges for the premises only if:
(a)  the tenant is enjoying or sharing the benefit of a water service to the premises; and (b)  the premises are individually metered for the supply of water or water is supplied to the premises by delivery by means of a vehicle; and (c)  the agreement states that an amount for the water consumption charges for the premises is payable by the tenant.
However, the full cost can only be passed on to the tenant if the premises are "water efficient" - this being where the premises complies with water efficiency requirements under regulation.
In your case this is going to be difficult, as you won't be able to determine which portion of the usage is for upstairs, but it could be a moot point anyway if you live in a state where all usage is the responsibility of the tenant.  The landlord does, however, have to pay the water rates on the residential part of this property, and could be asked to determine a fair way to separate these out so you, the residential tenant, do not pay.
Note that it is not the zoning which determines the treatment, it is the basis for the lease.  Therefore, the fact that your home is not a separate unit matters little if you have signed a residential lease.
You should contact your state Department of Fair Trading and seek some advice about this.  In my experience they are very helpful and they will be able to act for you to establish a fairer system with this difficult landlord. As a lawyer you would expect her to know the law, but this is not always the case.
 
 
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Ask Margaret: Can my landlord make me pay the rates for my residential unit? 

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Hi Margaret,
I was reading one of your articles. 
I'm wondering: Say I purchase my first property but don't live there. Instead, I rent it out for income. Say 10 years later, when I sell this property, how do I avoid paying Capital Gains Tax (CGT) - assuming this is my only property in the next 10 years?
What would happen if I make deduction on the interest of the loan, or do not making any deduction at all? Is the latter legal, from the ATO's point of view?
Thanks. Wesley
To read Margaret's answer, click below.
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When you own, and occupy, a home of your own, you may claim a 'principal place of residence' exemption on that property.
This means that, when you sell the property, you will not pay any capital gains tax on any gain you have made.
Further, if you move out of your principal place of residence (PPOR), you may rent it out, and claim any related tax deductions, for a period of up to six years and, as long as you either move back in, or sell it, before those six years are up you also will not pay any CGT. The only catch is that, during this 6 years you cannot own another property on which you would like to claim the exemption – you can only claim one exemption at a time.
The operative word here is 'own and occupy'. If you buy a property and you do not move into it as soon as it settles, then the property is not considered to be your principal place of residence until such times as you do move in, regardless of whether it is the only property you own, or not.
While you can move in at any stage and make it your PPOR, thus invoking a potential six year rule exemption at a future date when you move out, the fact that you did not live there from the moment you owned it changes a few things. You have to keep all of your records accurately on everything you spend, and then when the time comes to sell, your CGT liability must be worked out proportionately for days rented/days not rented.
Your cost base would be the cost base as at the date you bought it and then the gain is apportioned after the six year period is accounted for.
This can easily be overcome, as long as, when you buy the property, your intention is to live there and you move in when you settle, thus establishing the property as your PPOR. 
If, at a later date, your plans change and you move out, the six year period can commence, and your cost base for CGT would be the value as at the date the 6 years expire, if you don't move back in.  You can reset a new 6 year period at the end of the first by moving back in for a time.
Note that the tax office does not prescribe how long you have to stay there on either occasion – it just has to be your intention to live there and you must move in.
 
 
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Ask Margaret: How can I avoid CGT if my first home is an investment property?

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Hi,
I'm thinking about purchasing a property that has been built in underneath with no council approval. The problem is that it is a high set home on recently flood zoned area of <a href="/news">Logan</a>. My question is, is it still possible to get building certification for lower levels in flood areas or does the council never allow it?
Margaret Lomas' answer is on the next page. Please click below to continue.
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When you own a house or unit in any local government area, it is your duty to ensure that the building codes provided by the state department of planning, and administered locally by the council's own planning departments, are adhered to. 
This also means that, if you make any changes to a property which has previously been approved as compliant, you must first ask council for permission to make such changes.
These rules exist for many reasons - to ensure that an area remains aesthetically pleasing, to provide safe living environments for residents, and to protect the environment itself. If you have ever visited a country where there is no building code, and seen how the residential areas look when people build whatever they like, you will better appreciate these rules! 
You will also know that when a natural disaster strikes, the loss and injury caused is far more catastrophic, often due to the unsafe nature of what has been built and the overbuilding of those areas.
And so to your dilemma. You are thinking of buying  property with an unapproved alteration, and you should know that the council is within their rights to ask you to revert it back if they so desire. If the council feels for any reason that the alteration contravenes the current development rules, or in any way poses a risk to the surrounding community in the event of a flood, then they will ask you to revert it. 
You should check the flood maps available on the Logan City Council website, and see if this property falls within a flood zone. If so, your chances of having this alteration retrospectively approved is next to none, and the chances of being asked to remove the alteration is in play.
You should ask the current owner to either have the alteration approved prior to your purchase, or provide a letter from the council attesting to the fact that the alterations do not contravene any planning rules, and would be otherwise approved if you submit a development application. Then, as soon as you settle, take the steps to have the alterations approved to remove any future doubt.
 
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Ask Margaret: What happens if I buy a house with an unapproved alteration?

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Hi Margaret,
I am currently working full-time earning $875 per week after tax. I want to buy a franchise coffee business that is about $500,000 inclusive of everything.
If I buy a property and build a duplex, strata subdivide and then sell one for $600,000 and keep the other, can I use that money to invest in the coffee business?
Or does that $600,000 need to go back to the home loan repayment?
Assuming: 
<ul>
<li>Purchase price of property - $650,000</li>
<li>15% deposit no mortgage insurance - $97,500</li>
<li>Construction loan - $450,000</li>
<li>Total loan - $650,000 + $450,000 - $97,500 = $1,002,500</li>
<li>Repayment (5%) - $4,062 per month</li>
<li>Rental income from one half of duplex ($450 per week)</li>
</ul>
Kind regards,
Daniel
Margaret's answer on the next page. Please click below.
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Hi Daniel,
Regardless of what you intend to use the money for at the end of your project, when you borrow from a bank to purchase or develop residential property, you must at all times have in place enough security to cover the outstanding balance of the loan in the proportions required by the maximum LVR allowed.
In your case, you are after a 15% deposit loan ($85% loan). So, when the time comes to sell one duplex half, you must pay back enough of the original loan to ensure that the remaining loan does not exceed 85% of the remaining security.
In your case, if you ended up with two duplex halves each worth $600,000 and you sold one, the remaining security value is $600,000. This means the maximum loan you can have outstanding, at 85%, is $510,000.  If your loan was $1,002,500 you would have to repay $492,500.  You can keep the remaining $107,500.
Having said that, it’s probably not going to be so straightforward. 
Here are some things to think about:
<ol>
<li>Developments always cost far more than people realise.  Subdivision alone can run to more than $100,000 by the time you add a driveway and or even begin construction.  There are many costs and council contributions that people simply never think about that can blow out a development and mean that you don’t make any money or worse, come out behind the eight-ball. 
</li>
<li>When you sell you will pay capital gains tax at your highest marginal rate of tax.  If you sell inside 12 months, you pay CGT on the full gain.  So, let’s say the gain after allowable costs is $100,00, and you are in the 45% tax bracket, you pay $45,000 CGT.  If it is more than 12 months, the gain would be halved to $50,000 and you would pay $22,500. 
</li>
<li>When you sell a duplex, you will lose its rental income and when you start your coffee business you will be considered a new business. This will change your borrowing capacity – in fact it will probably be two years before you can borrowing anything.</li>
</ol>
I gather you are thinking of being able to put in place this loan now, while you are working, and then use the funds once you sell the property to provide a home loan rate loan for the business.  Unfortunately you won’t be able to achieve this.  Some lenders will, however, provide franchise finance and include a fit-out loan too, so this is the pathway you are better going down. 
If I may observe – starting a new business takes a lot of time and effort and I am not sure you want to complicate that by also taking on a development of this type.  Simplify your life by concentrating on one project at a time! 
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Can I use the profits from a duplex development to start up a new business? Ask Margaret

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Hi
There is a property I'm interested in is going to an auction while I'm travelling interstate. What's involved in engaging a professional to bid for us and sign the paperwork on our behalf?
I looked into a few buyer's agents but they were after 1% commission, which I believe is way too much just for bidding on the day. I have done my own research so don't need this as part of the service it's purely the bidding.
Also what's involved in signing the paperwork if we are not physically present, could this be done electronically or via fax?
Thanks for your assistance.
Regards
Katie
Margaret's answer is on the next page. Please click below.
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Dear Katie,
Having someone else bid for you on auction day is becoming more and more common these days, with people either telephoning in bids and having them presented by someone else, or appointing someone else to bid for them either in their presence or when they cannot attend the auction themselves.
In your case, you have done all of your research and so you should find someone you can trust to attend on the day and make the bids.  Depending upon how skilled you think they may be, you might want to phone your nominated person when the auction starts and make the bids yourself, using that person to simply present your bids.  If you are not available to do this, be sure that you carefully coach the person on how much you would like to pay and what your upper limit is.
While you can appoint someone else to bid for you, be careful when it comes to signing on your behalf. Although there is a nominee clause in all contracts, this can result in double stamp duty being paid when the contract passes from the nominee to you, and this can be very expensive.
The person bidding on your behalf must give the auctioneer written authority from you before the auction starts. You will need to furnish them with a letter which includes your name, address and details of proof of identity, such as your driver's licence or passport.
It also needs to contain an acknowledgement that the person on whose behalf bids are made has been given a copy of the conditions that are applicable in respect to the sale, and has seen a  copy of the contract.
If your bid is successful, and depending upon the state you are buying in, either the auctioneer can sign the contract on your behalf, or you may wish to have a power of attornery granted to your representative prior to the auction.  In some states a power of attorney can be 'limited', where you provide a power of attorney for a single instance, such as bidding at a particular auction.  These powers of attorney forms can usually be downloaded from the internet from the government department in your state.
Kind regards
Margaret
Have a property question?  <a href="mailto:askmargaret@propertyobserver.com.au" target="_blank">Ask Margaret!</a>
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Should I hire a buyer's agent? Ask Margaret

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Hi Margaret, 
What would be your thoughts on ways to mitigate the risks involved in hotspots? 
One such example would be Gladstone which has good strong fundamentals but is now experiencing oversupply.
The reason I am asking is that while a location is flagged as having good capital growth and yield,  I believe it is also important that I protect myself against overzealous developers who contribute to oversupply.  I am sure the above happens to many locations too.
Assuming that I've bought in a hotspot before a majority of the building stocks are dumped into the market, I might still be experiencing long periods of negative growth in a solid location when that happens.  I would be losing money if I sell out, but holding it would be extremely "painful".    
Thanks,
Adelyn
Article continues on the next page. Please click below.
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Hi Adelyn,
The first thing we have to sort out here is ‘what is a hotspot’. 
Here, you say that Gladstone is an example of a hotspot. In reality, Gladstone is an example of an area that some property experts, and many property spruikers, have said is a hotspot. But is it?
In my opinion, no, but then again, this is just my opinion, and it will (often) be different than others.  I personally define a hotspot as an area which possesses an abundance of growth drivers, the capacity to experience ‘generational’ growth (where growth occurs steadily throughout an entire generation), a limited land supply, and very few people buying there as it has yet to be discovered and pillaged by the experts.
Growth drivers include things such as diverse employment opportunities, significant infrastructure development, low land supply and a population growing faster than the national average.
If we compared Gladstone to that description, it comes up wanting, and for that reason I feel that Gladstone does not qualify to be called a hotspot.  Instead, Gladstone is a speculative investment which requires precise market timing, both in and out. 
There are significant drawbacks attached to areas such as Gladstone – the single industry employment (mining), the itinerant and unstable population, the existence of too many developers selling properties at prices which bear no relationship to intrinsic value, to name a few. 
<a href="/expert-insights/the-tenant-in-my-mining-town-investment-has-done-a-runner-ask-margaret">Investors with money to lose who are willing to gamble </a>can make money in such a market but they must accurately read the micro economy to establish when to buy and when to sell. 
Ordinary investors attempting to create a sound portfolio which has an identifiable time frame (as in they know when they are likely to want to exit) should not be considering investing in such volatile markets where the fortunes are linked to an industry which is completely governed by the world economic situation.
The other thing to remember is that the word ‘hotspot’ these days seems to apply to the areas being written about by the ‘experts’. 
I can assure you that if it is being written about, you are far too late to be buying there. Thousands of people are reading the same report as you, and many of these will attempt to jump into such a market, at the same time.  This creates an upward pressure on prices and seems to justify that the area is actually a hotspot after all!
It’s a little like insider trading for shares – let the word out, everyone buys in and makes it look like the share is good after all, when in fact it is the market pushing up the price, not the underlying value.
The best way for you to be sure that what you buy is actually a sound investment, with the capacity to perform year on year, is to learn how to choose the right area yourself. 
In this world of instant gratification and busy lives every one wants someone else to do it for them - tell them where to buy, find a property for them, or worse, sell a property to them.  This is the best way to set yourself up for a poor or inappropriate buy which performs less well than  you would have liked and leaves you vulnerable to market falls. 
Learn what really makes an area perform for the long-term, and you’ll be able to scour the country and choose areas which are pre-hotspot, long before you read about them in the magazines.
Regards, 
Margaret
Have a property question?  <a href="mailto:askmargaret@propertyobserver.com.au" target="_blank">Ask Margaret!</a>
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What are the risks involved in buying in a 'hotspot'? Ask Margaret

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Hi Margaret
I'm buying my first home in Melbourne and I am worried about how this will effect my investments later if I borrow at 90%.
Does it matter, or should I be saving for longer or buying cheaper?
Ive been told that I should buy as soon as I can even if it means LMI?
Regards,
David
Margaret's answer on the next page. Please click below. 
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Hi David,
I always wonder who is doing the telling when investors say ‘I have been told to…’ 
Very often it is either someone wanting to sell you something like a property, a loan, or a training program, or a well-meaning friend who may have done some reading or been to a course. Or it could just be that they did whatever it is they have been told to do and experienced some success from it.
The important thing about any property investing strategy is that there is simply no one size fits all approach. 
When it comes to the level of gearing you should be undertaking, there are many things to consider such as:
<ul>
<li>Your personal risk profile – are you conservative, balanced or assertive? Your results from profiling your risk will determine the level of gearing you should use.</li>
<li>Your time till retirement – if you borrow 90% and it all goes horribly wrong, how many more years of earning capacity do you have to get back on top?</li>
<li>Your present income levels – if your property experiences vacancy and you have high levels of debt, can you maintain the mortgage?</li>
<li>The security of your job – if you are unsure about your tenure then you will not want to be taking on high levels of borrowing.</li>
<li>Your other assets.  If you have little in the way of other assets, a 90% loan can be a big mistake.</li>
<li>The lender’s mortgage insurance – at up to 3% of the loan amount, this will further reduce your equity to a very risky 7%. Add stamp duty and borrowing costs and you will likely owe more than your property is worth.</li>
</ul>
One of the things I find about proponents of high levels of gearing, such as a 90% loan, is that their thinking is what I call ‘good time’ thinking.  They operate out of a misplaced notion that property will always go up and that it will only be a matter of time before your equity increases. 
Nothing can be further from the truth and, in addition to the fact that there are many moments in times past when property has indeed fallen (such as after a crazy period of buyer frenzy such as we have been seeing in Sydney), there is a good chance tha, as a first time investor your first property may well perform far less well than you had hoped. 
You are new to this and your first property purchase brings with it the greatest risk you are likely to ever have of choosing badly, not doing the research well or falling prey to a spruiker who sells you something with an upside bigger to him than it is to you!
There are many things you can do from here, including saving more, biting off less with a cheaper property, or maybe even seeing if your parents are interested in helping out a little by offering a little bit of their equity to get you started. 
Whatever you do, don’t try to do it alone.  Get some good quality advice from someone with no vested interest in what you are about to do, and get educated before you start.
Have a property question? <a href="mailto:askmargaret@propertyobserver.com.au" target="_blank">Ask Margaret!</a>
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What level of gearing should I accept for my first investment? Ask Margaret

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Hi Margaret,
I bought a unit in <a href="/news">Emerald</a>, Queensland and the tenants have done a runner.
Vacancy rates are now high, with minimal chance of getting someone to lease out our two bed unit.
Do you know of any mining or corporate contacts to help, the real estate agents are at a losss and have run out of ideas.
Do you know when some of the anticipated nine mines might start construction stage?
Regards,
Peter
Margaret's answer on the next page. Please click below. 
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Hi Peter,
The biggest issue when buying property in a mining town is, and has always been, getting the timing right.
When you invest in property anywhere, property price growth is always driven by a range of factors:
<ul>
<li>Demand</li>
<li>Availability of land</li>
<li>Growing population</li>
<li>Provision of the services to support that growing population so that people don’t move away</li>
<li>Suitable infrastructure planning and provision</li>
<li>The existence of diverse employment to ensure that, if any one industry suffers, residents can easily retrain and transfer to another without having to leave town.</li>
</ul>
All of these factors rely on one another to create the right kind of economic underlay.  Where any one of the above factors is absent,  it becomes like the missing link which then upsets the entire chain and makes it weak.
Where mining towns are concerned, virtually every one of the factors which drive growth are constantly at risk of being impacted in some way.  For example:
<ul>
<li>Mining towns with fly in, fly out workers tend to have weak underlying economies as the money earned by workers flies out with them – hence they usually have little in the way of significant infrastructure projects</li>
<li>The populations of mining towns tend to be extremely itinerant and this includes those not working in mining jobs – most other jobs, such as those in retail and hospitality, still require mining to be in existence. An itinerant population usually means rentals are good when the main industry is good and not so good when it isn’t. It also means there is big demand from renters but little demand from buyers.</li>
<li>Investor sentiment becomes the biggest driver in a mining town as investors rush in to take advantage of rising prices when mining is lucrative, and rush out when it has a downward trend.  In fact, investor sentiment is probably the most significant driver in any mining town and so it has a far bigger impact than it would on an area where other drivers are in abundance.</li>
</ul>
This all means that timing becomes critical. 
Either you invest in a mining town knowing that it is likely to be very good and very bad, in cycles, and you are prepared to hold through those cycles, or you invest there in an attempt to time the market – you buy in before it takes off, then you sell just prior to the peak to someone else who has been watching the growth and has decided, too late, to buy. 
The former strategy requires you to be able to support negative cash flow when rents are low, which you can probably do by stockpiling that positive cash flow when it’s high. The latter requires you to have either insider knowledge of which projects are coming up and when, or psychic abilities to be able to read the future.
As I possess neither, and I have no industry contacts who can say when those projects will come on line. All I can do is provide some strategies for managing the situation you are now in and a warning for future investments. 
For now:
<ol>
<li>Work out how low you can go in your rent to keep you in the market – how much negative cash flow can you support for now?  Then drop the rent to this level as soon as you can and hopefully attract a tenant from that dwindling pool.  Get an accountant help you to assess the deductions and take those into account. As with an income tax withholding variation, you can claim those deductions weekly and they may help your cash flows.</li>
<li>Seek out some alternative avenues for advertising – possibly find out where the majority of workers come from and look at advertising to them in publications they might read and,</li>
<li>Start offering incentives such as rent free periods, or 12 months for the price of 10 etc.  Incentives work, and although they may cost you a little, a small amount of lost rent is better than no rent.</li>
</ol>
As for the warning, no property investor, except for those with money to lose, should ever buy in a mining town. 
I am not suggesting for one moment that you cannot make money from a mining town as I know you can. 
I am suggesting though, that the risk is significantly higher than investing in an area which possesses all of the drivers. While a mining town has the capacity to make a lot of money for you, it has an equal capacity to lose a lot too. 
This experience is a perfect example of how it is not where the property is that should be your number one consideration, it is matching a property to your personal circumstances that matters most. 
Once you have a sound portfolio of properties which are performing pretty well and receiving a sound return, then it may be time to start looking at these higher risk ventures.
</body></html>

The tenant in my mining town investment has done a runner! Ask Margaret

The residential transformation of St Kilda Road is set to continue into with more new apartment plans for the sought-after boulevard.

Wing Tai Asia has lodged plans for a major residential tower at 464-466 St Kilda Road, replacing the former VACC House with an 18-storey mixed-use development designed around a retained heritage podium and a sculpted contemporary tower.

The proposal, prepared under Victoria’s Significant Residential Development with Affordable Housing pathway, would deliver 325 apartments and ground-floor retail across the prominent 4,653 sqm boulevard site in Melbourne’s St Kilda Road North Precinct.

The project centres on the adaptive reuse of the site’s heritage-listed VACC Building, an eight-storey office designed by Bernard Evans that has occupied the address for decades. Planning documents state the development would involve “carefully dismantling and conserving off-site the original metal fabric of the podium visible from St Kilda Road,” before reinstating it as the defining frontage of the new scheme.

Above the restored podium, Wing Tai is proposing a curvilinear residential tower. The scheme includes 172 one-bedroom apartments, 63 two-bedroom apartments, 66 three-bedroom apartments, and 24 four-bedroom apartments, alongside two ground-floor food and beverage tenancies fronting St Kilda Road.

The tower has been designed with substantial articulation and variable setbacks to minimise perceived bulk and maintain view corridors along the boulevard. Urbis, which prepared the planning report, said the design “has been significantly articulated through a curvilinear design” with “an interplay with materials, façade expression and depth” to create visual separation and visual interest.

The proposal also includes 254 basement car spaces, landscaped pedestrian links connecting St Kilda Road and Queens Lane, and a biophilic landscape strategy featuring canopy trees, raised planters, cascading greenery and a glass oculus pool overlooking the eastern frontage.

Planning documents confirm the $270.1 million development will contribute 3 per cent of project costs to the Social Housing Growth Fund as part of the application process.

Wing Tai acquired the St Kilda Road property in 2018 alongside Abacus Property Group for $95.38 million, before later consolidating ownership of the site. The property previously served as the Victorian Automobile Chamber of Commerce headquarters for around 60 years.

The transformation of the St Kilda Rd boulevard is already beginning to materialise, with a number of high-profile projects recently completed, launched, or approaching launch as developers continue to back the long-term appeal of the precinct.

Among the most notable recent completions is Louise by Samuel Property Group, just off the strip on Queens Lane, the same pocket Hirsch &amp; Faigen recently launched The Queensbury. Mirvac is too on the same street with The Albertine, which is approaching completion.

Dexus recently secured approval for its slice of St Kilda Road, while Gurner also has approved plans for the precinct.

Joel Robinson

Wing Tai unveils 325-apartment St Kilda Road tower on former VACC House site

Malaysian developer <a href="https://www.apartments.com.au/developers/s-p-setia">SP Setia</a> is the latest to jump into St Leonards booming Transport Oriented Development precinct.

The developer, which has previously delivered Sapphire by the Gardens apartment development in Melbourne, identified the Atchison Street site in 2023. It filed a Scoping Report around 12 months ago, and now has revealed the designs for the new&nbsp;40-storey mixed-use tower.

The State Significant Development Application covers <a href="https://next-portal.urban.com.au/projects/14650/summary">20-22 Atchison Street</a>, a 1,374 sqm site positioned between St Leonards Station and the new Crows Nest Metro station.

Designed by <a href="https://www.apartments.com.au/architects/cox-architecture">COX Architecture</a>, the project would deliver 181 apartments, above a four-storey commercial podium, five basement levels, and new public domain works along Mitchell Street. The apartment mix comprises 35 one-bedroom apartments, 39 one-bedroom-plus-study apartments, 85 two-bedroom apartments, and 22 three-bedroom residences.

The proposal has been lodged as a shop-top housing development under the NSW Government’s TOD planning pathway, which allows increased density around key transport infrastructure. The site sits within the recently rezoned Crows Nest Accelerated TOD Precinct.

<img alt="First look: SP Setia targets St Leonards skyline with 40-storey TOD tower" data-entity-type="file" data-entity-uuid="b799673d-48e2-46b0-801a-0e33a9330100" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/atchinson%20site.png?VersionId=dPh0UfwfaHpbFL1R7H1cbZNbIW0CHbCC" />

SP Setia acquired the Atchison Street site as part of its continued expansion into the Australian apartment market. In comments made to City &amp; Country (The Edge Malaysia) in 2023, SP Setia President and CEO Datuk Choong Kai Wai described the acquisition as “a strategic move” aligned with the group’s post-pandemic market recovery strategy.

“Our target for this exceptional development is local and overseas buyers, including first-home buyers, downsizers and investors,” Choong said.

The tower has been designed as a slender vertical form rising from a mixed-use podium, with COX Architecture positioning the development as a response to the evolving St Leonards and Crows Nest skyline.

“The purpose of the project is to facilitate the delivery of high-quality housing at a strategically located site and deliver a built tower outcome that is consistent with the desired future character of St Leonards and aligns with the TOD controls,” the design report stated.

<img alt="First look: SP Setia targets St Leonards skyline with 40-storey TOD tower" data-entity-type="file" data-entity-uuid="b1a85eee-76f7-436c-a6da-73ba827b9b13" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/atchinson%20entry.png?VersionId=dA9jHGPMcm.dDbwk4QfxqWiY5bfh3UVt" />

The podium would incorporate retail uses fronting Atchison Street, commercial tenancies, landscaped communal areas, and pedestrian improvements along Mitchell Street. Vehicle access and loading would be consolidated via Atchison Lane.

Residents would have access to more than 665 sqm of communal indoor and outdoor spaces, while the development proposes 96 parking spaces across five basement levels.

The proposal also includes a commitment for 10 per cent of residential floor space to be allocated toward affordable housing through a monetary contribution.

COX said the tower form responds directly to the emerging high-density character of the precinct while seeking to maximise solar access, cross ventilation, and outlook from apartments.

<img alt="First look: SP Setia targets St Leonards skyline with 40-storey TOD tower" data-entity-type="file" data-entity-uuid="2163f85c-f63b-4be3-aafa-f8763976cec5" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Article%20Feature%20Image%20%28Grid%29_5.png?VersionId=WiAmtIKJ6.ZQ41EtYEQ1fol7AeorKBlL" />

“The building is orientated towards north,” the Apartment Design Guide compliance report noted, adding that the tower’s slim form was driven by the constrained inner-urban site dimensions.

The design also incorporates landscaped setbacks and communal open space at podium level, intended to soften the interface with surrounding streets and improve pedestrian amenity.

The project adds to a growing wave of redevelopment proposals reshaping St Leonards and Crows Nest following the opening of the Sydney Metro City line and the NSW Government’s push for higher-density housing around major transport nodes.

Last week Stockland filed plans just down the road. They want to build a <a href="https://www.apartments.com.au/new-apartments/601-pacific-highway-st-leonards-nsw-2065">52-storey tower on Pacific Highway</a>.

Read more:&nbsp;<a href="https://www.apartments.com.au/news/nsw/first-look-stockland-plans-52-storey-538-apartment-st-leonards-tower">First look: Stockland plans 52-storey, 538-apartment St Leonards tower&nbsp;</a>

First look: SP Setia targets St Leonards skyline with 40-storey TOD tower

<a href="https://www.apartments.com.au/developers/urban-property-group">Urban Property Group</a> has revealed plans for a new mixed-use tower at 10 Dangar Street, Wickham, advancing a proposal that would reshape the southern gateway to Newcastle’s city centre with one of the city’s tallest residential buildings.

The State Significant Development proposal, now on exhibition, seeks approval for a <a href="https://www.apartments.com.au/new-apartments/bowline-10-dangar-street-wickham-nsw-2293">43-storey tower</a> immediately adjacent to the Newcastle Interchange. The project would deliver around 200 apartments, including 42 affordable housing dwellings, alongside 99 co-living units, a 171-room hotel, retail space, and new public domain integrated through the site.

The scheme marks a significant escalation of plans previously approved for the site. Urban Property Group took over the prominent 2,904 sqm parcel, where excavation and demolition had already commenced under an earlier consent for a 14-storey mixed-use development.

<img alt="First look: Urban Property Group unveils Newcastle’s next supertower at Wickham interchange" data-entity-type="file" data-entity-uuid="58a96dd9-407f-4d20-86b4-94e4bfeef74b" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/wickham%20podium.png?VersionId=LGlf08pdFGAZDzvx_CXC4XakHNZRuEE0" />

Designed by <a href="https://www.apartments.com.au/architects/sjb-architects">SJB</a>, the tower has been conceived as a landmark transit-oriented development anchored to the Newcastle Interchange precinct. The proposal includes 245 build-to-sell apartments across a mix of one, two, and three-bedroom residences, as well as two penthouses. Fifteen apartments and one operational unit are earmarked for NDIS housing. The co-living component would add a further 99 units, while the podium would accommodate retail uses and hotel facilities.

SJB said the site presents “a valuable opportunity to anchor the precinct by setting the standard for design, active ground planes and character at the key southern gateway.”

The architecture responds directly to the site’s position beside major transport infrastructure and within one of Newcastle’s fastest-evolving urban renewal precincts. The tower form sits above a sculpted podium designed to frame new public spaces, including a through-site pedestrian link connecting Station Street to Hannell Street, landscaped plazas, and activated retail edges.

<img alt="First look: Urban Property Group unveils Newcastle’s next supertower at Wickham interchange" data-entity-type="file" data-entity-uuid="a7bd6ff0-f7db-4ce8-a6dc-ea56e72c6149" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/wickham%20lanne.png?VersionId=xzf39VADyhj7zBQY2I9fx9vI62u2tuSb" />

The design report describes the project as part of the broader transition of Wickham into “a vibrant, high-quality mixed-use urban precinct” that leverages proximity to the station, open space, and regional connectivity.

A detailed public art strategy has also been prepared for the development. The strategy positions the project as “a transit-oriented development of state significance at the gateway to Newcastle’s city centre” and outlines a series of integrated artworks responding to Newcastle’s industrial and transport heritage.

Creative Road’s curatorial framework for the project, titled Unveil, draws on “stratified surfaces, carved volumes, and light-filled apertures” while referencing Newcastle’s transformation from an industrial city into a contemporary education and technology hub.

<img alt="First look: Urban Property Group unveils Newcastle’s next supertower at Wickham interchange" data-entity-type="file" data-entity-uuid="77a882bb-14b1-4d28-99ff-9438e39508c0" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/wickham%20site.png?VersionId=cevgo_vN0eKPK78P8YcEu3mKPLkpFqE7" />

The proposal is being advanced through the NSW Housing Delivery Authority pathway after being declared State Significant Development in June 2025. The accompanying scoping report states the development aims to “maximise the site’s proximity to the Newcastle Interchange by delivering transit-oriented development” while increasing housing supply and affordable housing provision within the Newcastle LGA.

Urban Property Group’s plans align with the long-term strategic vision established under the Wickham Master Plan, which identified the interchange precinct as suitable for substantial uplift in height and density. The current proposal would significantly intensify that vision, positioning the tower among the tallest developments proposed for Newcastle.

The site sits immediately north of the Newcastle Interchange, bounded by Dangar Street, Hannell Street, and Charles Street. It is surrounded by a rapidly growing cluster of residential towers and mixed-use projects that have emerged following the completion of the light rail and transport interchange.

First look: Urban Property Group unveils Newcastle’s latest tower at Wickham interchange

Bottega House has completed settlement of a landmark riverfront site in Macquarie Street, St Lucia, representing its first major Brisbane development.&nbsp;

Positioned on the banks of the Brisbane River, the <a href="https://www.apartments.com.au/new-apartments/180-macquarie-street-st-lucia-qld-4067">premium site at 180 Macquarie Street</a> features uninterrupted river frontage in one of Brisbane’s most tightly held residential precincts.&nbsp;

The proposed development, currently under assessment with Brisbane City Council, has been designed by <a href="https://www.apartments.com.au/architects/plus-studio">Plus Studio</a> with interiors by <a href="https://www.apartments.com.au/interior-designers/mim-design">Mim Design</a> and will deliver a boutique collection of premium residences positioned specifically for owner occupiers and downsizers.&nbsp;

The residences are set to redefine luxury apartment living in the area, with a focus on architectural quality, refined finishes, landscape integration and elevated amenities including curated wellness facilities, resort-style pools and recreation spaces rarely seen in the local market.&nbsp;

Exclusive sales for the project will be led by Keenan &amp; Byrne, ahead of an anticipated launch later this year.&nbsp;

Bottega House Managing Director Nick Malloch said the project reflects the group’s ambition to deliver a highly curated residential offering within one of Brisbane’s most tightly held precincts.&nbsp;

“This is an incredibly rare riverfront opportunity and one we have approached with a long-term perspective,” Malloch said.&nbsp;

“Our vision from the outset was to create a boutique collection of residences that feel more like private homes than traditional apartments, with generous proportions, refined finishes and exceptional amenity throughout."

Malloch says there is a&nbsp;lack of premium owner-occupier stock of this quality in the market, particularly for downsizers wanting space, privacy and a true lifestyle offering without compromise.&nbsp;

"Demand is expected to be strong given the scarcity of premium riverfront opportunities of this nature within Brisbane’s inner-west."&nbsp;

Bottega House secures landmark riverfront site in St Lucia 

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The arrival of the first piling rig officially marks the commencement of construction at SIERA’s new beachside apartment development, Exhale, in Northcliffe.

<a href="https://www.apartments.com.au/new-apartments/exhale-surfers-paradise-8-enderley-avenue-surfers-paradise-qld-4217">Exhale</a>, a glass-encased tower featuring 54 large-scale apartments at 8 Enderley Avenue, is SIERA’s third Gold Coast development. It follows the recently completed PIPIS Bilinga beachfront project, which achieved suburb-record prices, and the soon-to-be-completed Chevron Island development, Tapestry.

[smartcode_project:default project_id=112661 project_image_fid=359603]

<a href="https://www.apartments.com.au/developers/siera">SIERA</a> Founder and Managing Director Brent Thompson said the arrival of the piling rig represented a significant milestone for the development, which is scheduled for completion in late 2028.

Over the next month, around 260 piles are expected to be installed as work progresses on the basement structure. The building is anticipated to rise above ground level early next year, before unveiling its sculptural glass curtain wall, developed in collaboration with specialist façade engineers.

“The façade was designed to maximise panoramic coastal views while creating a distinctive architectural identity,” Thompson said.

[smartcode_project:default project_id=112661 project_image_fid=355935]

Designed by BDA Architecture, Exhale will comprise just 54 two- and three-bedroom residences across 26 levels, a level of low-density living rarely delivered in this beachside pocket between Surfers Paradise and Broadbeach.

The project has been conceived as a resident-only building, with no short-stay accommodation permitted. SIERA says the model is intended to appeal to long-term owner-occupiers rather than transient holiday demand.

[smartcode_project:default project_id=112661 project_image_fid=361052]

Residences have been designed with large-format layouts and expansive glazing, with most apartments featuring more than 30 metres of glass frontage to maximise natural light and ocean views.

The amenity offering spans two levels and centres on wellness and lifestyle, including a heated magnesium pool, sauna, yoga and Pilates studio, gymnasium, private dining facilities, cinema lounge, and dedicated surfcraft storage.

[smartcode_project:default project_id=112661 project_image_fid=359607]

More than half of the apartments have already sold. SIERA has also opened a sales gallery for Exhale at its Chevron Island commercial premises, near its Tapestry tower and the site of its second Chevron Island apartment development, which is slated to launch in early 2027.
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[smartcode_project_cta:default project_id=112661]

Margaret Lomas

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