On 1 January 2023, the Retail Leases Regulation 2022 (NSW) came into effect. This expanded the businesses prescribed as retail shops in NSW. This article is a timely reminder to both lessors and lessees to be aware of such changes to determine whether their leases are subject to retail leasing obligations imposed by the Retail Leases Act 1994 (NSW).
Easements just got more complicated. The recent decision of the Land and Environment Court in CKDI Pty Ltd as trustee for CKDI Unit Trust v Ku-ring-gai Council (2023) NSWLEC means that applicants of a development application must obtain owner’s consent from any adjoining landowner over whose land an easement is proposed prior to Council determining the application, rather than relying on a deferred commencement condition.
Owning a property in a heritage conversation area has both pros and cons – on one hand, you can own a beautiful, historical property in an area that is usually less dense and well preserved. However, works to your property require consideration of additional regulations and requirements that properties outside a heritage conservation area do not. These works usually require some form of Council approval, even if they are minor.
Due to the exponential growth of the Newcastle population, many buyers are deciding to purchase “off-the-plan” in order to break into the property market. However, there are often many risks associated with purchasing off-the-plan that buyers need to be aware of before making such a decision.
Leases and licences are common property arrangements that allow landowners to grant rights to other persons to occupy their land. Although these arrangements are similar, the difference between them is often misunderstood, which can have undesirable consequences.