Brisbane’s riverfront is about to welcome Queensland’s most ambitious wellness living precinct, with <a href="https://www.apartments.com.au/developers/kokoda-property">Kokoda Property Group</a> unveiling nearly 12,000 sqm of dedicated health, fitness and social amenity within its $1.5 billion Teneriffe Banks development, the largest of its kind in the state.&nbsp;

Australia is now the four largest market in the USD 584 billion Global Wellness Real Estate sector, and <a href="https://www.apartments.com.au/new-apartments/teneriffe-banks-17-27-skyring-terrace-teneriffe-qld-4005">Teneriffe Banks</a> is setting the benchmark locally, offering residents a complete lifestyle precinct that balances wellness, community and luxury.

From rooftop wellness retreats and 5-star co-working spaces to curated retail and dining, lush green spaces and riverfront walkways, the development has been designed as an ecosystem for modern living. Community gardens, a riverfront amphitheatre and community centre further anchor Teneriffe Banks as a destination that connects residents and the wider community in a way Brisbane has never seen before.&nbsp;

Each of the four residential buildings offers an expansive rooftop retreat featuring infinity pools, mineral plunge pools, hydrotherapy zones, and steam and sauna suites. These spa-level amenities eliminate the need for external memberships, seamlessly integrating exercise, recovery and relaxation into daily life.&nbsp;

[smartcode_project:default project_id=139896 project_image_fid=352274]

Residents of Teneriffe Banks will enjoy exclusive access to The Canopy Club, one of Brisbane’s largest private members' venues. Drawing inspiration from international icons like Soho House but uniquely tailored for Brisbane, the club will feature private dining rooms, a wine cellar and tasting lounge, library, cinema, sports simulator and five-star work spaces, overlooking the Brisbane River.&nbsp;

Complementing this lifestyle is Banks Athletic, a private, residents-only health club offering personalised fitness and holistic wellness programs.

The precinct will also be home to Brisbane’s first five-star Kimpton Hotel Urban Resort, offering guests access to a luxury spa, a fitness centre, signature restaurants, pool club, rooftop cocktail bar and large-scale event spaces. Also forming part of the masterplan is a proposed reimagined marina and landscaped green spaces and gardens among a curated collection of waterfront restaurants, laneway cafes, and boutiques — creating a complete live, work, play lifestyle.&nbsp;

[smartcode_project:default project_id=139896 project_image_fid=295098]

A recent report by Global Wellness Institute found Australia boasts one of the world’s fastest-growing wellness economies, growing at an annual rate of 7.5 per cent from 2019-2023.

“Luxury living today is about more than just design, it is about how well a place supports mind, body and connection,” said Kokoda Property Group Founder and Managing Director, Mark Stevens.

“With Australia now ranked among the world’s top five global wellness real estate markets, Teneriffe Banks has been designed to meet that growing demand. By blending curated wellness spaces with riverfront greenery and vibrant community amenities, the precinct will set a new benchmark for holistic urban living.”&nbsp;

Stephens said that wellness-focused design is resonating strongly with downsizers and lifestyle-driven buyers alike.&nbsp;

“We’re seeing overwhelming interest from buyers who are drawn to the idea of expansive amenity beyond their own residence, particularly those seeking space without the upkeep. The ability to enjoy a sunrise coffee by the rooftop pool, or build movement and recovery into their daily routine without leaving home, is a drawcard. Low maintenance, high impact living is what today’s market is looking for, and that’s exactly what Teneriffe Banks delivers."

[smartcode_project:default project_id=139896 project_image_fid=352273]

Set across five architecturally distinct buildings, Teneriffe Banks will deliver over 200 residences, ranging from apartments to modern penthouse residences and woolstore-inspired lofts, each crafted by <a href="https://www.apartments.com.au/architects/studio-mccue">Studio McCue</a>, in collaboration with <a href="https://www.apartments.com.au/architects/cottee-parker-architects">Cottee Parker Architects</a> and <a href="https://www.apartments.com.au/architects/carr-design">Carr</a>.&nbsp;

Further reflecting its commitment to fostering an active, connected lifestyle along the river, Teneriffe Banks is now the naming partner of the Brisbane Marathon Pacers, now known as the ‘Tenerrife Banks Pacers’. The Brisbane Marathon hosts over 10,000 participants from around the world and is only growing in size.&nbsp;

[smartcode_project_cta:default project_id=139896]

Joel Robinson

Kokoda's Teneriffe Banks introduces Queensland’s largest residential wellness offering

Summary:&nbsp;

<ul type="disc">
	<li>A new&nbsp;Golden Age Cinema&nbsp;with multiple screens and creative performance spaces</li>
	<li>Approximately&nbsp;60 metres of retail frontage&nbsp;along Oxford Street for small-scale, street-activating businesses</li>
	<li>53 apartments, including 15 affordable housing apartments</li>
	<li>Landscaped public connections between South Dowling and Verona streets, improving walkability and accessibility.</li>
</ul>

<hr />
&nbsp; 
Developer WT Malouf has confirmed plans to transform the much-loved Verona Cinema site on Oxford Street in&nbsp; Paddington into a new mixed-use destination centred on culture, creativity and community.

The proposal, a State Significant Development Application (SSDA), will deliver a balanced mix of uses including 53 apartments, including 15 affordable, a new Golden Age Cinema with multiple screens and creative performance spaces, and several small-scale, street-activating businesses across its 60 metres of retail frontage.

The development will retain the Verona’s iconic brick façade, recognising the building’s role in Paddington’s cultural life for nearly three decades.

<img alt="Verona" data-entity-type="file" data-entity-uuid="efed0828-5cc4-4d77-a6df-83e7fa5d24ea" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202025-10-03%20at%209.19.31%E2%80%AFAM.png?VersionId=xHbLRgjfTSkScuLsLW_nRjX0Zi5Cwalo" />

WT Malouf has entered into exclusive arrangements with the operators of Golden Age Cinema &amp; Bar, a much-loved Surry Hills institution named among the Top 100 Cinemas in the World by Time Out. Golden Age will bring four screens and versatile creative spaces back to Paddington, helping to anchor Oxford Street’s future as a cultural and entertainment corridor. 
&nbsp; 
“At a time when Sydney is losing suburban cinemas, we’re committed to creating a bigger and better cinema experience for Paddington,” said Jack Joseph, Director at WT Malouf.

“Golden Age’s arrival will ensure Oxford Street continues to be a home for independent film, live performance and community events.” 
&nbsp; 
The project has been designed in line with the City of Sydney’s Oxford Street Cultural and Creative Precinct strategy, which encourages new investment in cultural space, night-time economy and creative industries. It also aligns with the NSW 24-Hour Economy Strategy, contributing to the revival of Oxford Street as a safe, vibrant and connected cultural precinct that operates by day and night.

<img alt="Verona" data-entity-type="file" data-entity-uuid="ac1895bd-d09f-4cf6-aed4-9a2739c2d9b2" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202025-10-03%20at%209.19.45%E2%80%AFAM.png?VersionId=NcwfjdR0oF5xPbatoSGOR4oWAZm9yJJT" /> 
&nbsp; 
“This development is about more than apartments,” Joseph said. “It’s about contributing to Oxford Street’s restoration as one of Sydney’s great cultural boulevards, where people come to live, create and socialise.” 
&nbsp; 
‘’The new Verona is a once -in-a-generation opportunity to restore this important part of Oxford Street,’’ said Tim Greer, Director of Tonkins Zulaikha Greer (TZG). 
&nbsp; 
Alongside cultural and creative space, the Verona development will deliver new housing in one of Sydney’s most tightly held suburbs. 15 apartments will be set aside as affordable rental homes for essential workers, ensuring Paddington retains a diverse and connected community. 
&nbsp; 
The project is expected to be determined by the NSW Department of Planning, Housing and Infrastructure in 2026, with construction planned to start later that year and delivery within three years.

Paddington’s Verona Cinema set for luxury apartment transformation and new Golden Age Cinema

The Chatswood CBD is the latest city centre in the cross hair of the Minns Labor Government's push to support new housing.

They're pushing for up to 1,500 apartments on the former Sydney Metro construction site, which will include 180 build-to-rent apartments for essential workers, as well as new retail and commercial spaces and outdoor areas.

<img alt="Chatswood" data-entity-type="file" data-entity-uuid="ec539e11-accf-4844-bbce-1b453e0ee907" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202025-10-03%20at%209.09.58%E2%80%AFAM.png?VersionId=64L8ymb0LbjKbxcmvUux9TI9qXL8hnkR" />

The remaining mix will be build-to-sell, and incorporate affordable housing. The development will see the adaptive re-use of local heritage building Mowbray House, which operated as a boarding school from 1906 to 1954, for future community use.&nbsp;

Construction on the site is expected to start in late 2026, with the first essential workers expected to move in by late 2028.

Landcom is inviting feedback on the proposal from the community and stakeholders until 9am, Monday 27 October 2025.

<img alt="Chatswood" data-entity-type="file" data-entity-uuid="01cc2e55-a585-4a3f-afb2-bb6213dc59b8" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202025-10-03%20at%209.09.18%E2%80%AFAM.png?VersionId=ZaaHSI.h_CLRCYloljNdXSa4eigU6vae" />

The Chatswood site is the second&nbsp;to be secured under the Minns Labor Government’s $450 million investment in Landcom to deliver 400 build-to-rent homes for essential workers in Sydney, with 220 essential worker homes already being delivered in Annandale.

&nbsp;

&nbsp;

&nbsp;

&nbsp;

Work is also underway on new build-to-rent apartments on the NSW south coast and work is set to start later this year on new build-to-rent housing in Lismore to boost rental supply in the NSW Northern Rivers.

Premier of New South Wales Chris Minns said essential workers are the backbone of not only Sydney but all of NSW and they deserve to have an affordable place to live near their job and community.

“This will be life changing for essential workers, who will get to live not only near their job but in one of the best-connected areas in all of Sydney.”

Minister for Planning and Public Spaces Paul Scully said people should be able to live, work, relax and play all within one community.

"Delivering both 180 new essential worker homes and 1300 further market and affordable homes will give that opportunity and choice back hundreds of people.

“We’ve dedicated another 180 homes to essential workers in this project so workers like our teachers, nurses, paramedics and police offices can build a life close to both their home and job.

“This is yet another example of density done well, providing additional, homes and jobs in an area that’s already well serviced by public transport, shops, restaurants, schools and health centres.”

&nbsp;

&nbsp;

Landcom CEO Alex Wendler said this is a highly productive time for Landcom where we are sustaining strong momentum across our entire delivery program.

"Here at Chatswood, we are leading the development of a major city precinct to do density well and make homes happen. This is a great example of Landcom making the government’s policy ambitions a reality and bringing to life the kind of housing options our city needs.”

Premier of New South Wales Chris Minns said essential workers are the backbone of not only Sydney but all of NSW and they deserve to have an affordable place to live near their job and community.

NSW Gov, Landcom plan 1,500 new apartments in Chatswood CBD

Dexus' push into the residential development space is moving down to Melbourne, with the real estate asset giant taking on a x at the southern end of St Kilda Road.

Dexus, who has recently starting developing luxury apartments in Sydney's Northern Beaches, is planning a 27-storey tower with over 400 new apartments at the intersection of St Kilda Road and Queens Road.

The proposal, now with VIC Planning, seeks to replace the ageing 19-storey former Cadbury office building at <a href="https://www.apartments.com.au/new-apartments/636-st-kilda-road-melbourne-vic-3004">636 St Kilda Road</a> with a contemporary high-density apartment complex designed by architecture firm&nbsp;<a href="https://www.apartments.com.au/architects/bates-smart">Bates Smart</a>.

According to the Urban Context Report filed to VIC Planning, the development will respond to the site’s landmark location through a "refined and sculptural built form that mediates between the scale of St Kilda Road and Queens Road” while reinforcing “a sense of civic address at this prominent intersection.”&nbsp;

<img alt="First look: Dexus proposes 27-storey residential tower at 636 St Kilda Road" data-entity-type="file" data-entity-uuid="dfd2ebd1-e311-4348-9c7d-b3d73b64ade4" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/St%20Kilda%20bldg.png?VersionId=_DHkdNAj1U3wcH0BX51t2MJYeIMrbG2w" />

The architectural design features active frontages, new pedestrian through-links and an extensive landscape strategy that integrates with the surrounding boulevard character.

The apartment mix is varied, comprising 40 studios, 87 one-bedrooms, 203 two-bedrooms, 66 three-bedrooms, and six penthouses, with each dwelling designed to meet the standards set out in Clause 58 of the Port Phillip Planning Scheme.&nbsp;

A key element of the proposal is a $9.6 million contribution, equivalent to three per cent of the project’s estimated development cost, to the Social Housing Growth Fund, aimed at supporting affordable housing outcomes across Victoria.

<img alt="First look: Dexus proposes 27-storey residential tower at 636 St Kilda Road" data-entity-type="file" data-entity-uuid="7f138f11-5277-461f-8d12-9533b2960586" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/St%20kilda%20rd%20site.png?VersionId=m_ZioKYhwkvekE3ZUF6y7bz.5_5yFPnZ" />

The site’s three street frontages, St Kilda Road, Queens Road, and Queens Lane, enable significant setbacks and design flexibility.

Bates Smart noted the proposal "reinforces the intent for St Kilda Road North to accommodate higher-density, mixed-use development,” leveraging its location near the soon-to-open ANZAC Station tram-rail interchange and the principal cycling corridor along the boulevard.

They emphasised&nbsp;the building’s role as a city-shaping gateway, writing that the proposed tower is “designed to contribute positively to the skyline and urban character of St Kilda Junction,” and would offer visual connections to key city landmarks, including Albert Park Lake and the Shrine of Remembrance.

Public realm upgrades are also proposed as part of the scheme, including a 138 sqm linear park, extensive landscaping, and around 188 metres of active frontages to enhance permeability and safety at the ground plane. A total of 449 car spaces and 120 bicycle spaces are planned across the four basement levels.

<img alt="First look: Dexus proposes 27-storey residential tower at 636 St Kilda Road" data-entity-type="file" data-entity-uuid="dfdbccd3-6954-417e-8543-c6b1f1b5df1b" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/St%20KILDA%20rooftop.png?VersionId=.xI5fkVYETzG1WJaiOsOt8Yd4BgQx0DA" />

Dexus is positioning the project as a strategic redevelopment aligned with the St Kilda Road North Precinct Plan. The Planning Report by Urbis states that the distinct features of the site, the emerging context to its interfaces, and the surrounding policy context justify consideration of a taller building” despite the site being subject to Design and Development Overlay – Schedule 26 (DDO26).

St Kilda Road has been one of the most popular streets for residential development in recent years. The likes of Victoriana, The Muse, and St Boulevard are the most recently completed buildings, oriented to look over the adjacent Albert Park Lake, while Gamuda Land is currently developing <a href="https://www.apartments.com.au/new-apartments/fareham-st-kilda-95-st-kilda-road-st-kilda-vic-3182">Fareham</a>, and Hirsch &amp; Faigen has a building in the precinct they will soon launch, just off St Kilda Road on Queens Road.

First look: Dexus joins St Kilda Road apartment ranks with gateway tower proposal

Melbourne’s City Circle tram loops past a dense matrix of culture, education and commerce, but few intersections offer as much access in so little walking distance as the northern end of King Street.

Here, Aspire Melbourne rises 64 storeys from the edge of Flagstaff Gardens, with immediate connectivity to tram and train networks, and pedestrian access to Queen Victoria Market, Marvel Stadium and Melbourne’s major university precincts.

Developed by ICD Property with design by Fraser &amp; Partners, Aspire Melbourne brings 570 apartments to one of the CBD’s most spatially balanced positions, directly between civic green space and key employment infrastructure.

[smartcode_project:default project_id=2575 project_image_fid=248847]

Everything from retail and dining to sporting events, art, theatre, and festivals, or the serenity of the city’s gardens, is within walking distance of Aspire.

Melbourne's thriving coffee culture is showcased in the CBD's cobblestoned laneways, with popular cafes such as Brother Baba Budan, Krimper, Stagger Lee's, Higher Ground, and Manchester Press all nearby.

For culinary enthusiasts, Melbourne offers a variety of dining experiences. Highly recommended establishments include Maha, Farmer's Daughter, Coda, and MoVida Next Door, offering everything from Middle Eastern dinners to a night out.

[smartcode_project:default project_id=2575 project_image_fid=79443]

Getting around Melbourne is as effortless as finding a great cup of coffee, thanks to the city’s clean, reliable and extensive public transport network. Aspire’s curved tower is a short walk from Melbourne Central Station, Southern Cross Station and the Free Tram Zone, offering seamless connections across the CBD and out to suburban precincts.

This inner-city accessibility is complemented by Aspire’s rare proximity to green space. The tower directly overlooks Flagstaff Gardens, the city’s oldest park, with Fitzroy Gardens and the Royal Botanic Gardens also nearby, framing the CBD in natural beauty.

Just 11 minutes on foot, Queen Victoria Market adds another layer of amenity. A longstanding hub of culture and commerce, it offers fresh produce, gourmet foods, artisanal goods and vibrant multicultural fare, all woven into the daily rhythm of city life.

[smartcode_project:default project_id=2575 project_image_fid=79445]

To the west, the CBD’s entertainment quarter features Marvel Stadium, just 750 metres from Aspire, ideal for sports fans and major events.

To the south, Crown Casino along the Yarra River offers entertainment, dining and family-friendly activities, accessible in under 10 minutes by tram.

The Arts Centre Melbourne, a hub for visual art, theatre, music and performance, is also within easy reach by public transport or car.

[smartcode_project:default project_id=2575 project_image_fid=311]

For families looking to set up roots in the CBD, education options abound within a one-kilometre radius of Aspire.

The prestigious Haileybury opened its Melbourne CBD campus in January 2017 offering Melbourne's first Early Learning Centre to Year 12 private school campus in the CBD.&nbsp;

<a href="/developments/north-melbourne-vic-3051">North Melbourne</a> Primary School, South Melbourne Primary School, Ozford College, and Simonds Catholic College are among the other choices, while universities like Victoria University, La Trobe University, and Monash University are less than 600 metres away.

[smartcode_project:default project_id=2575 project_image_fid=79444]

A limited selection of one, two, and three-bedroom apartments remain for sale, with pricing starting from $647,000.

“The Melbourne CBD apartment market has evolved in response to both the strong growth of the overall city as well as the increasing attraction of the CBD which offers unique lifestyle appeal, especially to the fast-growing cohorts of young professionals and university students,” <a href="/project-marketer/colliers">Colliers</a>&nbsp;Managing Director Residential Tim Storey said.

[smartcode_project_cta:default project_id=2575]

On the fringe of Flagstaff Gardens: Aspire Melbourne's prime location

Subdivision

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Hi Margaret,
My husband and I currently own a house in Macarthur (ACT) and are in negotiations with our neighbor to buy their house next door, before they move to Tasmania next year. The houses are side-by-side and at the end of a cul-de-sac.  
I'm just wondering what our first step would be if we decided to merge the two blocks of land and sell to a developer for them to build multiple dwellings. We don't want to manage or build ourselves, we just want to sell them as a package.
How do I know if this allowed in our suburb? Is there a website I can look at or someone I can contact?
Kind Regards,
Lisa 
 
Hi Lisa,
Your first port of call will be to the local council who manages subdivisions in your area. You will need to talk to their town  planning department.  The council will have a town plan in place which will be governed by the territory’s planning scheme. They will be able to tell you about the rules and regulations surrounding subdivisions, or in your case, land boundary changes in your area.
The reason it is important to start here is because you want to know exactly what you would be left with in the event that such a boundary change (that is the combining of two lots) is allowable. You need to know how many subsequent blocks a developer can achieve from this boundary change.  If they can only achieve the two blocks which you originally had, then there is no benefit to the boundary change and your blocks would be just as easily sold separately as they would combined as one.
Once you know these details you then have a choice: You can either simply offer your two blocks together for sale as a package, leaving the responsibility for a boundary change up to the potential developer, or you can effect the boundary change yourself, which may make the two blocks more valuable.  
You should consult an independent town planner, one who works in private practice, to quote you on the potential costs of having the two blocks combined, including his fees and all government charges, and also consult with a local real estate agent to establish whether or not spending this money would result in a suitably increased sale price. 
If you wanted to go all the way you could then do the subdivision into the allowable number of blocks, but as you have seen, past advice I have given in this column has outlined all the potential risks and costs of doing that, and you have said you don’t wish to incur those.
I will point out to you that one of the difficulties you face is in working out who should get what. If you offer them for sale together, with a condition that both must be purchased, but you price them separately, it’s easy to see how much each person should get. But if you price them as a package, then it’s harder to work out whose property should get the most unless they are identical properties of identical size. In addition to this, you would both have to agree on what you get as a final price, and also on the strategy you would follow in the event that one of you had an offer for their house alone that they want to take.  
Under these circumstances, tempers can flare and relationships can break down. These are all the kinds of issues you must think about before entering such an agreement, and it’s a good policy to think about all the potential problems, write them down and agree on a solution before they arise.
Have a property question?        <a href="mailto:askmargaret@propertyobserver.com.au" target="_blank">Ask Margaret!</a>
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mlomas-KC9MUPZ6Ca

Ask Margaret: Merging blocks to create multiple dwellings

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The businessman John Gillett has decided to sell three redundant blocks of the Taj on Swan site <a href="https://www.afr.com/property/residential/taj-on-swan-owners-set-to-lose-more-than-5m-as-peppermint-grove-site-sells-20180807-h13mps">he bought last year for $17 million</a> in Peppermint Grove.
It was bought from former fertiliser entrepreneur Pankaj Oswal and his wife Radhika.
Gillett and his wife Jocelyn have applied to the WA Planning Commission to split their 6580 square metre superblock.
They have sought three blocks - 765 square metres, 875 square metres and 1104 square metres.
The abandoned home building block of flamboyant billionaire tycoons, Pankaj and Radhika Oswal was sold earlier this year.
Marketed as "the most famous block in Australia" the <a id="LPlnk998012" href="https://www.realestate.com.au/property-residential+land-wa-peppermint+grove-202042586" target="_blank" rel="noopener noreferrer" data-auth="NotApplicable">2 Bay View Road site</a> was sold through Ray White agent Vivien Yap in conjuction with Sotheby's agent Graham Bowie. 
The now demolished mansion with Swan River views sat unfinished after the Oswals quit Australia in 2010 amid a dispute with bankers about the wind up and sale of their fertiliser business.
The Oswal family had controlled WA's $700 million Burrup Fertilisers gas-processing plant.
The Oswals paid $22.7 million in 2007 when it was bought from developer Warren Anderson then starting construction a year later on a "two-storey, Indian-infused luxury residence".
"The Gillett family is optimistic that the rarity of blocks in this superb location, plus a gradually improving property market, means that the land will be attractive to buyers," a spokesman for Gillett told Nine Entertainment.
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j.ballantyne1990-6AQqhLzZaK

WA Planning Commission asked to further subdivide Taj on Swan, Peppermint Grove residential housing site

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<div class="author">GUEST OBSERVER </div>
<div class="author"> </div>
<div class="author">In a recent matter, the partition of land before it was subdivided, and the timing of registering strata lots, resulted in a decision where the owner of the land was not considered to be a developer under the Home Building Act (the Act).</div>
<div class="author"> </div>
<div class="author">As such, the owner bears no liabilities regarding statutory warranties in the Act. So what happened, and what are the lessons to be learnt?</div>
What are statutory warranties?
Statutory warranties are warranties that a person is entitled to under the contract with a builder/tradesperson. Even if the warranties aren’t written into the contract, under the law they still apply to the work being done on a home. Statutory warranties are in effect for six years for major defects and two years for all other defects, commencing from the date of completion.
The Act states that anyone who is the immediate successor in title to an owner-builder, a holder of a contractor licence, a former holder or a developer who has done residential building work on land is entitled to the benefit of the statutory warranties as if these parties were required to hold a contractor licence and had done the work under contract with that successor in title.
What happened in this instance?
In 2007, Trilogy Capital (Cremorne Developments) Pty Ltd (TD) and Trilogy Capital Services Pty Ltd (TC) bought land in Cremorne as tenants in common.
Development consent was obtained to build a mix of commercial and residential buildings. TD contracted with a building and construction company, Southern Cross Constructions, to undertake the work.
After the Occupation Certificate for the residential work was issued in October, TD and TC applied to North Sydney Council for two strata subdivisions, dividing Lot 1 into 7 commercial lots and Lot 2 into 17 residential lots. Around the same time TD and TC transferred their respective holdings to each other at the bargain basement price of $1.00 so TC became the full owner of Lot 1 and TD owned all of Lot 2. The strata subdivision was registered at the end of November.
In December strata plans were registered - 79706 for TC’s commercial lots, and 79707 for the residential lots owned by TD.
Work proceeded but things went pear-shaped in 2013 and the Owners Corporation of the residential lots commenced proceedings in the NSW Civil and Administrative Tribunal against the builder. Southern Cross was placed into liquidation so the Owners Corporation pursued TD as the developer. Unfortunately for the Owners Corporation, TD was also in trouble and it too went into liquidation. With only one horse left in the race, the Owners Corporation went after TC in an attempt to rectify the defective works.
So who is a “developer”?
According to the Act; an individual, partnership or corporation is a developer if residential work is undertaken on land they own – even if they haven’t physically been involved in the development. They are also classified as a developer if the work is done on behalf of another person - for example, on behalf of a party to a joint venture agreement with the owner for the development of the land. The person on whose behalf the work is actually done is also a developer.
It’s important to note that the work undertaken must be done in connection with an existing or proposed dwelling in a building or residential development where at least four of the dwellings are or will be owned by the individual, partnership or corporation.
In this matter, the tribunal had to determine whether TC was a 'developer' within the meaning of the Act and as such liable for a breach of the statutory warranties. It also has to establish whether the Owners Corporation was the 'immediate successor" in title.
The outcome
The Owners Corporation argued that the residential dwellings existed by 29 November, 2007 – at which point in time, TC was still a 25% owner of both lots as tenant in common and as such, owned four or more of the residential lots.
TC didn’t dispute the previous ownership however, said that by the time the Owners Corporation became successor in title to whomever owned the residential lots in December, TD was the only owner.
The tribunal member agreed with TC, ruling that statutory warranties weren’t applicable. The Owners Corporation was unsuccessful in appealing the decision to the Appeal Panel which reaffirmed the opinion of the tribunal that TC was in fact, not a developer. The Appeal Panel cited the fact that the strata home units couldn’t be owned until after the strata plan had been registered and TC was never intended to have any ownership after this registration had taken place. 
Whilst the decision is in no way definitive it may allow 'developers' to argue that they are not bound by the statutory warranties where there has been a partition of land or a transfer prior to the registration of the strata plan.
Nick Kallipolitis is principal, Coleman Greig Lawyers and can be contacted <a href="https://www.colemangreig.com.au" target="_blank">here</a>.
 
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jchancellor-FAypfDUnLy

Property 101: Tribunal finds Cremorne landowner not liable for building defects

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Hi Jo,

I am considering converting an existing block to dual occupancy.

I own the block (and house on it) outright. The block is 1,100 square meters in area.

The existing house is at one end of the block and dividing the block in half would still leave a meter between the existing house and a dividing fence.

The block is a corner block and there is provision for a second driveway in the other street.

The zoning in ACT almost precludes subdivision from most blocks. On the ACT Land map it actually has an address for both halves of the block, so my guess is that it was originally proposed and two blocks.

I have verbal approval to commence “the journey” from the ACT authorities.

But I have a question: Where to from here?

Regards,

Jeff

Australian Capital Territory

Hi Jeff,

It is interesting that there are already two driveways and street addresses, you may find there was a DA approved to subdivide at one stage, was not registered and may have lapsed. If so, then there may also be service connections.  It is worth making enquiries with council on this as it will save you money if some of the works have already been completed. 

If you were allowed to complete the subdivision of the land, including having it registered, this may save you paying a Section 94 Contribution that may be payable on a dual occupancy project. You can then build a new dwelling on the newly created lot without it impacting on the original house lot.

The best way forward for you is to use a local surveyor to manage the subdivision of your land. They will understand your local council's requirements.

You will need to allow for adequate private outdoor living space for the existing house and the surveyor can advise you on this and potential setbacks.

[smartcode_project:default project_id=5873]

The surveyor will be able to quote to manage the entire process, including getting quotes to extend the sewer and other service connections (if they are not already in place). It's important you understand the costs of subdividing.

To give you an idea, Property Bloom usually allows around $30,000 for a Torrens title subdivision of a large corner lot like you have described.  The cost will of course vary based on service connection works required, how far the sewer needs to extended and any upgrades to services that may be needed (if it is in a really old suburb).

Is the land kerbed and guttered on both sides?  If not, then one thing to look out for having council request you do these works. It's something you can check with the council town planner.  You will also need to provide drainage for the newly created lot, so the slope of your block is important. The surveyor will advise you on this.

[smartcode_project:default project_id=24767]

If you are going to lodge a DA for a dual occupancy and subdivision then a good builder may include the subdivision as part of their works and contract. This will mean you can finance works by way of a construction loan.  This is also a faster process than subdividing up front (which you cannot do anyway based on zoning) and you can lodge one DA for the building and the subdivision works. Again, check this with your local council as they all have different requirements.

I would also look at building a duplex (two attached dwellings) on the new lot rather than a single house as this will add more value and should create some good equity.

Good luck, I hope all goes well,

Jo

<a href="https://www.propertybloom.com.au" target="_blank">www.propertybloom.com.au</a>
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jochivers-wq5Bp59R5a

Reader question: I want to subdivide my block of land, but where do I go from here?

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Hi Margaret,
Myself and a friend have decided to bid at auction for a block of land in <a href="/news">Westmead</a>, NSW.
We have verbal approval from council’s town planner to build a duplex on this land.
I appreciate it if you could help me with following:
<ul>
<li>Would the council usually be able to provide written confirmation regarding approval to build the duplex? 
</li>
<li>As this is just a block of land, what are the charges or taxes we have to pay before building. 
</li>
<li>Is there any step by step guide to go through all the formalities we need to complete post signing the contract of the land? 
</li>
<li>Do we need to make sure of anything before we go and win the auction?</li>
</ul>
Regards,
Hitesh
Margaret's answer is on the next page. Please click below.
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Hi Hitesh,
It’s always a risk when buying a property which you think might be able to be subdivided. 
Many years ago, I purchased a block in Queensland and prior to the purchase I had a lengthy discussion with council in which I was advised that I could potentially build a triplex. Upon settlement, I commenced the approval process to be told that only a duplex would be possible. Just before I got the application finalised, the councils merged and my application for a duplex was rejected. Due to where this property is, building a single dwelling is a loss making exercise and I now have a technically useless, non-income producing block of land!
I tell this story to indicate the potential problems you could have.  The council will not provide written confirmation to you prior to bidding, as everything can change in the meantime and they will not want to be locked in.  They will simply refer you to the current town plan and the existing development application rules and suggest you use them as a guideline.
There are no taxes to pay to build, but the ‘charges’ can be endless.  Subdivision approval is complex and requires the services of town planners, architects, surveyors, geo tech experts, and engineers, to name a few.  A simple duplex subdivision can run to tens of thousands just for the approval to build and if driveways and retaining are also involved, expect to reach costs of over $100,000!
Your local council should have a guideline for subdivision approval on their website (or a document they can send you) but good luck with that! 
In my experience it is complex in the extreme, and it can be laborious translating what is actually required.  This is why it is a good idea to retain the services of a town planner, preferably one who may have previously worked for the council in question.
I’d initially download that guideline and contact a town planner prior to auction to get an idea of the costs of the subdivision.  This person will be able to quote on getting the ‘approval to subdivide’ (which is step one) but be aware that, after this step you have to carry out all works and steps outlined in this approval before your final deposited plan number will be allocated.
Regards,
Margaret
Have a property question? <a href="mailto:askmargaret@propertyobserver.com.au" target="_blank">Ask Margaret!</a>
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What hurdles will I need to jump to subdivide land? Ask Margaret

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Lara West, in the northern area of Greater Geelong, has been rezoned to include a 62-acre, 650 lot, subdivision called Manzeene Village.
Planning Minister Matthew Guy said that it will make a link between central <a href="/news">Lara</a> and the Lara West growth area, being one of the most significant in Geelong with forecasts of accommodating 10,000 people.
Earlier this year, in February, a 390-hectare Lara West precinct was approved.
"Manzeene Village completes the planning picture for the Lara West growth front, which will feature an employment precinct, a large neighbourhood activity hub, three new schools, community services, sporting facilities and parkland that can be enjoyed by everyone in the region,” said Guy.
A local commercial area will be built, as well as 5,000 square metres of local parkland.
"Development at Lara West will be undertaken gradually over 30 years to help meet the needs of the projected 500,000 extra residents in the Greater Geelong region by 2050," he said.
New suburbs Lovely Banks and Batesford South are the next planned for Geelong’s north.
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jduke-EHk3XBmHkn

Greater Geelong rezoning includes new Lara West subdivision

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If you’re empty-nesters still living in the suburban home where you raised your kids, you may be planning to downscale to a lower maintenance home closer to the CBD and cafe culture.
The inner suburbs are more expensive than where you’re currently living, so you’ll need to maximise the profits from selling the family home to get a foothold a different market.
You face a choice. Should you play it safe, do a few cosmetic renovations to bring your home up to scratch and sell it pretty much ‘as is’ in the hope that strong demand from buyers will bring you a good sale price?
Or should you take a more aggressive approach towards increasing your potential profit by demolishing your old home, building two dwellings in its place and selling them on individual titles?
Many people think that subdividing is a sure way to make more money than simply selling a property in its current form — but like many ‘sure things’ in property, it ain’t necessarily so.
Working through the figures is the only way to make an informed decision. 
Start by getting a firm quote for demolishing your home and levelling the site. Factor in the cost of obtaining the appropriate council permits, and the fee an architect or draftsperson will charge to draw up plans for the subdivision.
Next, obtain an accurate costing for the labour and materials required to build the two new properties. Add a margin of at least 10% for unexpected changes and costs that may crop up when the job is underway.
Then, calculate the cost of interest. Even if you’ve paid off your home, the chances are that you’ll have to borrow money to fund the subdivision. Remember: the longer it takes to complete the subdivision and sell the properties, the more interest you’ll pay on top of the loan amount. It’s worth adding a margin onto the time you estimate the project will take.
Now, work out the rental cost. You’ll need a place to live while the project is underway, so speak with local property managers to find out the likely cost of renting a suitable property in your desired location. Paying rent as well as interest on the subdivision loan could make things tight financially, so it’s important to work out whether you can afford the additional outlay.
You’ll also need to calculate the cost of selling the new properties, including the real estate agent’s fee and marketing costs. These expenses can be significant, so it pays to negotiate a competitive commission with the agent and to satisfy yourself that the recommended marketing campaign will deliver the best value for your dollar by maximising the properties’ exposure to the right buyers.
Then, consider your tax liability. You’ll incur capital gains tax (CGT) when you sell. This could eat significantly into your profit, so seek advice from your accountant as to the exact liability that will apply in your situation.
Finally, ask local real estate agents for an appraisal of what your home is worth in the current market. 
It’s a common mistake to calculate the potential profit of a redevelopment by using the value of the property as it stood when you bought it. The land will have grown in value since then, so using the original value could lead to an over-inflated estimate of the profit margin — and bring you crashing down to earth when you actually sell. Make sure you use the property’s value in today’s terms. 
Once you have gone through these steps, you’ll have a clear idea if the project stacks up in financial terms. If not, it may be best to opt for the simpler route, undertake a few cosmetic renovations and sell your family home ‘as is’.
MARK ARMSTRONG is a director of <a href="https://www.ipropertyplan.com.au/">iProperty Plan</a>, which provides independent analysis and tailored advice to investors and home buyers.
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marmstrong-sd3emVLPPb

False profits? Why subdividing isn’t always the best option

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The Northern Territory’s Ilpeye Ilpeye is seeing the territory and federal governments working to deliver the subdivision normalisation that will see services provided to residents.
Receiving $10.6 million of government funding, including a $6.2 million tender awarded to Probuilt NT Pty Ltd, a formal bus area, postal services and street names will be delivered.
Minister for Community Services Bess Price said that this subdivision will help improve the lifestyle of a number of Indigenous Territorians.
Works on the town camp will included 800 metres of underground power mains, 1,200 metres of new water mains, 700 metres of new sewer mains, 650 metres of new open unlined drains and one kilometre of new roads.
“The improved standard of infrastructure will also mean that services that you and I take for granted such as rubbish collection and running water, can be delivered in Ilpeye Ilpeye like in the rest of Alice Springs,” said Price.
“Once subdivision works are complete, the Ilpeye Ilpeye Aboriginal Corporation will have the option of freehold titles to the serviced lots of land, which will be individually titled and available for either private construction or sale.”
The private home ownership opportunities in the area have the potential to provide economic benefits, including an increase in housing supply, she said.
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Subdivision normalisation undertaken in Ilpeye Ilepye by Northern Territory and federal governments

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Hi Margaret
My father has owned his 150 acre property since the '60s. He subdivided the land into three 50 acre blocks in the '90s, but he still owned all three blocks. He lives on one block and is intending to pass a vacant block into my name so I can build my home on it. All blocks are used for a farming business, however he has no taxable income. He is registered for GST.
There is no way to avoid the capital gains tax (CGT) when he places it in my name is there? 
Do you know roughly how much he will have to pay? The CGT calculators don't make sense to me. Even if I do not pay for the block, it is worth about $800,000. The three blocks were purchased for $60,000 in the 60s so the one would have been $20,000.
Many thanks,
Alan from WA
Margaret's answer on the next page. Please click below.
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Hi Alan,
As you father owned the block in the pre CGT days, this block is still a pre-CGT asset. Subdividing the one pre-CGT asset into three does not changed the pre-CGT status and subdividing does not result in capital gain or capital loss. 
Although your father will make a capital gain when he sells (or passes title of) the block to you, the date he acquired the block is considered to be the date that he acquired the original parcel of land, and the cost base of the original land is divided between the subdivided blocks on a reasonable basis. Therefore there is not CGT for your father to pay at all.
More importantly for you is considering how you will receive this block of land, and in what entity.  If you plan to live there then it may become your principal place of residence, and later if you sell there may be CGT consequences from the date you acquired the land in your name. This is because any part of the land over five acres attracts capital gains tax and cannot use the principal place of residence exemption. 
If you are going to conduct a farm then it could be considered business real property, or the part where the farm is conducted could be. It’s worth considering potentially using a self-managed superannuation structure, as business real property can be transferred into super even if it has initially been given to you.
In any event, my advice is for you to seek quality accounting advice before the transfer takes place. This will allow you to ensure that the right structures are in place from the outset.
Kind regards
Margaret
Have a property question? <a href="mailto:askmargaret@propertyobserver.com.au" target="_blank">Ask Margaret!</a>
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