Property Lawyers Melbourne | Bilingual Property Lawyers Melbourne CBD

Q: What extra costs do foreign buyers pay in Victoria?

Foreign purchasers of residential property pay an 8% foreign purchaser additional duty on top of standard land transfer duty and typically require FIRB approval. Absentee owner land tax surcharges may also apply.

Melbourne Property Lawyers for Buyers, Sellers, Investors and Developers

Brightstone Legal’s award-winning property team, named Lawyers Weekly Property Team of the Year 2026, acts for home buyers, investors, developers and business owners. Based in Melbourne’s CBD, we advise clients across Victoria on everything from straightforward property transactions to major development projects, complex land acquisitions and commercial building acquisitions, as well as foreign investment and property-related disputes.

See the full range of services from our Melbourne lawyers, call us to speak with our team, or get in touch using the form to talk through your situation.

Our Property Law Services in Melbourne

Off-the-Plan Purchases

Off-the-plan contracts in Victoria are long, developer-drafted and heavily one-sided. We review sunset clauses, the developer's rights to vary plans and finishes, deposit release provisions and owner’s corporation arrangements before you commit. Victoria now restricts a vendor's ability to rescind under a sunset clause without the purchaser's consent or a court order — but your contract terms still matter, and we make sure you understand exactly what you're signing. We also advise on the temporary off-the-plan duty concession currently available for eligible apartments and townhouses (contracts signed before 21 April 2027).

Buying Property in Victoria: What’s Different

Property law and conveyancing practice differ meaningfully between states. If you’ve bought in NSW before, or you’re comparing advice from interstate, these are the key Victorian points:

Section 32 Vendor Statement
Victorian vendors must give purchasers a Section 32 statement before contract, disclosing matters such as title, mortgages, easements, planning controls, outgoings and owners corporation details. A defective Section 32 can, in some circumstances, give a purchaser the right to withdraw. Reviewing it properly, before signing, is the single most important protective step in a Victorian purchase.

Land Transfer Duty (Stamp Duty) & Foreign Purchaser Surcharge
Victorian land transfer duty is among the highest transaction costs you’ll face. First home buyers may qualify for a full exemption (up to $600,000) or partial concession (up to $750,000). Foreign purchasers pay an additional 8% foreign purchaser additional duty on residential property, one of the highest surcharges in Australia, on top of standard duty. We advise on eligibility, timing and structuring before you sign, when options still exist.
Electronic Settlement via PEXA
Victorian settlements are conducted electronically through PEXA. We manage the entire settlement workspace, including funds, duty, discharge of mortgages and lodgement, and keep you informed at every step, so settlement day is uneventful. Which is exactly how it should be.

Transparent Fees

We know cost is often the first question, and that uncertainty about legal fees stops people getting advice early, which usually costs more later. For standard residential conveyancing matters we offer fixed-fee pricing, confirmed in a written costs agreement before any work begins, so you know what’s included (contract and Section 32 review, adjustments, PEXA settlement) and what would fall outside the fixed scope (for example, a dispute arising mid-transaction). For complex commercial or development matters, we scope and quote the work upfront.

Frequently Asked Questions (FAQ)

What's the difference between a property lawyer and a conveyancer?

A conveyancer is licensed to handle the settlement process for standard transactions. A property lawyer is a qualified legal practitioner who can do that and advise on contract terms, negotiate amendments, handle related legal issues (structuring, tax, FIRB, leases) and act for you if a dispute arises. If anything about your transaction is non-standard, such as off-the-plan, commercial, foreign buyer or development matters, a lawyer is the safer choice.

What should I look out for in Section 32?

Common red flags include easements or covenants restricting how you can use the land, owners corporation special levies or defects, outstanding notices from council or other authorities, and planning overlays affecting future development. Section 32 also has to be complete and accurate, as gaps can affect the parties’ rights. Have it reviewed before you sign, not after.

What extra costs do foreign buyers pay in Victoria?

Foreign purchasers of residential property in Victoria pay an 8% foreign purchaser additional duty on top of standard land transfer duty and typically require FIRB approval (with application fees based on property value) before purchasing. Absentee owner land tax surcharges may also apply on an ongoing basis. These costs are substantial and should be built into your budget before you make an offer.

What are the risks of buying off-the-plan?

The main risks are sunset clause delays and terminations, changes to the final product (size, layout, finishes), valuation shortfalls at settlement affecting your finance, and developer insolvency. Victorian law now limits a vendor’s ability to rescind under a sunset clause without purchaser consent or a court order, which is stronger protection than most states, but the contract terms you sign still determine most of your rights. Get the contract reviewed before paying your deposit.

How long does settlement take in Victoria?

Settlement periods are set by the contract, commonly 30 to 90 days for established property, and negotiated between the parties. Off-the-plan settlements occur after registration of the plan of subdivision, which can be months or years after signing. All Victorian settlements are completed electronically through PEXA.

How do your fees work?

Standard residential conveyancing is offered on a fixed fee basis, set out in a written costs agreement before we start, so there are no surprises. Commercial, development and dispute matters are scoped and quoted upfront. We’re happy to discuss fees in your initial consultation.

Why Choose Brightstone Legal's Melbourne Litigation Lawyers

Bilingual contract explanation

we explain the contract, Section 32 and settlement process in Mandarin, so you understand what you’re signing, not just where to sign

Cross-border considerations

for clients holding assets in mainland China, we can advise on how Australian property ownership interacts with cross-border tax and succession planning, working with our tax and estates colleagues