Leasehold developments
Leasehold developments present unique legal, commercial and regulatory challenges. Unlike freehold projects, success depends on getting the ownership model, tenure rights, governance and consumer protections right from the outset.
Bugden Allen advises developers, leasehold tenants, landowners and operators on the structuring and delivery of leasehold developments, including renewal or restructuring of leasehold developments, with particular expertise across two distinct asset classes - Leasehold strata schemes and Land lease communities.
Our Expertise
We regularly advise on leasehold strata developments (for both government and non-government landowners), including marina projects and developments in predominantly leasehold locations such as parts of Sydney.
These projects require careful coordination between:
- Lease documentation
- Strata legislation
- Management structures
- Lender and purchaser requirements
- Long-term operational and renewal considerations
We assist with structuring leasehold strata schemes that balance developer objectives with statutory compliance and market acceptance.
Land Lease Communities
We also advise on land lease developments, a growing asset class across Australia that combines long-term site leases with resident-owned dwellings.
Land lease projects require specialist legal input due to:
- distinct regulatory regimes that vary by state
- consumer protection and disclosure obligations
- operational and scale considerations for high-volume leasing and conveyancing
- lender and purchaser requirements
- long-term asset management and exit strategies
Integrated Development Expertise
How We Support Leasehold Developers and Tenants
Our leasehold development expertise includes advising on:
Structuring and advising on strata leasehold schemes
Preparing and advising on strata leasehold documents, including renewal and restructuring advice for landowners and leaseholders in long-term leasehold schemes.
Tenure and resident documentation for land lease communities
Preparing site leases, disclosure documents and consumer agreements aligned with statutory requirements for land lease communities.
Volume leasing and conveyancing
Managing high-volume leasing and conveyancing processes supported by established workflows and digital systems.
Regulatory compliance
Advising on compliance obligations across multiple jurisdictions, including ongoing operational requirements.
Dispute and stakeholder management
Assisting with disputes and engagement involving residents, regulators, financiers and other stakeholders.
Why Bugden Allen
Clients engage Bugden Allen for leasehold developments because of our:
- deep understanding of leasehold and land lease models
- experience across complex and regulated property structures
- ability to deliver scalable solutions for high-volume projects
- practical, commercially grounded advice
We focus on delivering clear structures that work in practice — not just on paper.
To discuss a leasehold or land lease development, contact our property development team.
Leasehold Developments — FAQs
Your Questions Answered
What is a leasehold development?
A leasehold development is a project where occupants hold long-term leasehold interests rather than freehold ownership. These developments require carefully structured legal arrangements to govern tenure, management, financing and long-term operation.
What types of leasehold developments do you advise on?
Bugden Allen specialises in two main types of leasehold developments:
Leasehold strata schemes, such as marina developments and projects in predominantly leasehold areas
Land lease communities, where residents own their dwelling but lease the land on which it sits
How is leasehold strata different from freehold strata?
In leasehold strata schemes, ownership is held under a long term head lease rather than freehold title. This creates additional considerations around lease terms, renewal rights, lender requirements and long-term asset management.
What is a land lease community?
A land lease community typically involves residents owning their home while entering into a long-term lease for the underlying land. These developments are subject to specific regulatory and consumer protection regimes that differ from traditional strata or community title schemes.
Are leasehold and land lease developments regulated differently across states?
Yes. Leasehold and land lease developments are governed by different legislation and regulatory frameworks across jurisdictions. Jurisdiction-specific advice is critical to ensure compliance and commercial viability.
Can you assist developers new to land lease projects?
Yes. We regularly act for developers and operators entering the land lease market for the first time, assisting with structuring, documentation and operational frameworks.
Do you assist with high-volume leasing and conveyancing?
Yes. Leasehold developments often involve high-volume leasing or conveyancing. We support these projects with established processes and digital systems designed for scale and consistency.
What are the key risks in leasehold developments?
Common risks include regulatory non-compliance, poorly structured tenure arrangements, lender acceptance issues and long-term operational constraints. Early legal advice helps manage these risks effectively.
Our success stories
Relevant project experience
Aurora, Manly Beach
Aurora Manly Beach is a landmark mixed used development on the beachfront at Manly Beach. The re-development is being undertaken by the charity Royal Far West on its South Steyne site. When completed it will comprise 58 luxury apartments, retail and commercial spaces and the Royal Far West offices and facilities.
Bugden Allen acts for Royal Far West and advised on the appropriate title and management structuring for the development which involves stratum subdivision and leasehold strata schemes to enable Royal Far West to retain ownership of the land. Bugden Allen prepared all the titling documents, including leasehold strata documentation and also acts on the project conveyancing.
Successful Outcomes
- 38 contracts successfully exchanged and on track for completion in Q4 2026
- Supporting the developer and project management throughout construction project on subdivision, consent condition satisfaction and legal commercial requirements
- Implementation of strata leasehold title structure and associated management documents
EXPLORE OUR EXPERTISE
Specialist legal advice across the property lifecycle
Property Development
We advise developers, landowners and investors on the planning, structuring, delivery and sale of property projects.
Our work covers strata and community title developments, mixed-use projects, leasehold and land lease developments, master-planned communities, collective sales and off-the-plan project conveyancing.
Strata & Community Titles
We are recognised specialists in strata and community titles law, advising owners corporations, committees, strata managers, developers, government and financiers.
Our practice covers governance advice, levy recovery, by-laws, management rights, building defects, strata disputes and statutory administrations.
Strata & Community Titles
Property Litigation
We resolve disputes arising from the ownership, development, governance and use of property.
Our team acts in boundary disputes, building defect claims, by-law enforcement, strata renewal matters and other high-stakes property conflicts, across negotiation, mediation, tribunals and courts.
Property Insurance
We act for insurers, strata managers, owners corporations and corporate clients on complex property-related insurance matters.
Our work spans coverage advice, liability defence, personal injury claims and subrogated recoveries, with a focus on technical accuracy, risk management and commercially sound outcomes.
Corporate & Commercial
We provide corporate and commercial legal services for property clients, businesses and investors.
Our work includes banking and finance,buying and selling businesses,software and
technology consulting, immigration law,wills and estates,and commercial matters connected with our property and strata practices.
Corporate & Commercial
Property Development
Strata & Community Titles
Corporate & Commercial
Property Litigation
Property Insurance
- National Presence
- A firm with integrity
- Leading experts
- Innovative Solutions
wHAT TO EXPECT
A member of the Bugden Allen team will be in contact within one business day.