SMSF Conveyancing

Buy Property Through Your Super — Compliantly, and Without the Stress

  • Residential and commercial property purchases through your SMSF.
  • ATO-compliant structuring — bare trusts, LRBAs & execution sequencing for eligible purchases.
  • Fixed-fee pricing with no billing surprises.
  • Seamless coordination with your accountant, adviser & broker.
  • Up to date with the 2026 changes to SMSF residential property borrowing.
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A Specialist Field That Demands Precision

Building Retirement Wealth Through Property

Buying property through a Self-Managed Super Fund (SMSF) is one of the most powerful ways Australians build long-term retirement wealth. Whether it’s a residential investment held by the fund or a commercial premises your business leases back from your super, the right purchase can generate rental income for the fund and grow an asset inside a concessionally-taxed environment.

But SMSF property purchases sit under far stricter rules than an ordinary acquisition. The buying entity has to be exactly right, the bare trust (where borrowing is permitted) must be properly established, documents must be signed in the correct order for your state, and lenders require independent legal advice before releasing funds. A single misstep — such as exchanging in the wrong name — can trigger double stamp duty, compliance breaches or a collapsed deal.

Important 2026 update

From 10 August 2026, an SMSF can no longer take out a new limited recourse borrowing arrangement (LRBA) to buy residential property. Residential property can still be purchased by an SMSF outright (without borrowing), and funds can still borrow to buy commercial business real property. Existing residential LRBAs are grandfathered and can be refinanced, and purchases where contracts are exchanged before 10 August 2026 can still settle afterwards. If you’re considering a geared residential purchase, timing now matters — talk to us early.

Corporate Legal provides legal and conveyancing services only. We do not provide financial, taxation, superannuation or investment advice — obtain that from a licensed financial adviser or accountant.

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Residential or Commercial — We Handle Both

Residential Property in Your SMSF

Many investors use their SMSF to acquire residential property to build retirement wealth. The rules are strict — the fund can’t buy from a related party, and you or your relatives can’t live in or rent the property. Importantly, from 10 August 2026 an SMSF can no longer borrow through a new LRBA to buy residential property, so new residential purchases must be funded from the fund’s own resources (existing and pre-commencement arrangements are unaffected).

  • Correct purchasing entity — and, where borrowing is still permitted, bare trust setup.
  • Compliance with the “sole purpose” and related-party rules.
  • Guidance on funding the purchase (new residential SMSF borrowing ends 10 August 2026).
  • Contract review, searches and settlement managed end-to-end.

Commercial Property in Your SMSF

An SMSF can buy commercial property — and, unlike residential, your fund can lease business real property back to your own business at arm’s length, so your rent builds your super instead of a landlord’s wealth. Commercial business real property is unaffected by the 2026 residential borrowing changes, so your fund can still borrow under an LRBA to acquire it.

  • Arm’s-length related-party lease structuring (business real property).
  • GST and going-concern contract structuring (with your accountant).
  • Bare trust and LRBA compliance for commercial lending.
  • “Business real property” confirmation — mixed-use premises (e.g. a shop with a residence above) generally don’t qualify.

Whether it’s a unit or a warehouse, we’ll structure it correctly.

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The SMSF Compliance Essentials We Manage

01

The 2026 Residential Borrowing Ban

From 10 August 2026, new LRBAs can’t be used to buy residential property. We confirm whether your purchase is caught, whether grandfathering or a pre-commencement transition applies, and how it can still proceed.

02

The Correct Buying Entity

The contract’s front page must name the right party in the right way for your state and lending structure. Getting it wrong is the single most expensive SMSF mistake — it can mean paying stamp duty twice.

03

Bare Trust / Custodian Arrangement

Where the fund is borrowing, the asset is held by a bare trust (custodian) until the loan is repaid. We ensure it’s properly established and compliant before exchange — now for commercial and grandfathered/pre-commencement residential arrangements.

04

LRBA Structuring

An LRBA has specific legal requirements. We align the loan, security and trust arrangements with both the lender’s and the ATO’s rules. From 10 August 2026, new LRBAs are available only for commercial business real property.

05

Execution Sequence

The order in which the contract, trust deed and loan documents are signed differs by state — and getting it out of order can invalidate the structure. We control the sequencing.

06

Independent Advice & Deed Stamping

Lenders require trustees and guarantors to receive independent legal advice before settlement — we provide and certify this. Where a state requires the bare trust deed to be stamped, we attend to that too.

Corporate Legal ensures your purchase is legally compliant and correctly structured. Decisions about whether an SMSF purchase suits you, and all tax, borrowing and retirement-planning matters, should be made with your accountant or licensed financial adviser.

Get the structure right from day one.

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How Our SMSF Conveyancing Works

01

Strategy Consultation

Book your free 15-minute consultation. We confirm your fund’s buying structure, the property type, and how we’ll coordinate with your accountant, adviser and broker — and explain our fixed fee clearly.

02

Structure & Entity Check

Before you commit, we confirm the correct purchasing entity and (where applicable) bare trust arrangement, so the contract is exchanged in exactly the right name for your state and your loan.

03

Contract Review & Due Diligence

We review the contract, run our searches, and — for commercial purchases — check zoning, permitted use, GST treatment and any existing leases. We negotiate amendments where needed.

04

Bare Trust, LRBA & Documentation

Where borrowing applies (commercial business real property, or a residential purchase contracted before 10 August 2026), we establish or review the bare trust, align LRBA documents with your lender, attend to deed stamping and provide the independent legal advice your lender needs.

05

Pre-Settlement Preparation

We coordinate with your lender and broker, verify adjustments, confirm all SMSF and lending conditions are met, and lock in the settlement date.

06

PEXA Settlement & Handover

We complete settlement electronically through PEXA and confirm the moment your fund owns the property — ready to start earning rental income.

Ready to start? Book your free 15-minute consultation.

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Why Investors Buy Property Through an SMSF

Used well, an SMSF property purchase can offer real advantages — which is exactly why so many investors and business owners explore it:

  • Greater control over how your retirement savings are invested.
  • Rental income paid into your fund rather than to a third-party landlord.
  • Potential tax efficiencies within the superannuation environment.
  • For business owners — owning and securing your operating premises long-term.
  • An asset that can be held by the fund through to retirement.

These are general observations, not financial or taxation advice. Note that from 10 August 2026, new residential purchases can’t be geared through an LRBA — whether these benefits apply to you depends on your circumstances. Please consult your accountant or licensed financial adviser.

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Working Alongside Your Advisers

SMSF purchases work best when your professionals work together. We slot in alongside your accountant, financial adviser and mortgage broker — giving them the legal information they need, keeping documents moving in the right sequence, and making sure nothing falls between the cracks. If your purchase is part of a wider strategy, our residential and commercial teams can handle your other property matters too.

Residential Conveyancing

End-to-end conveyancing for home and investment purchases. Learn more →

Commercial Conveyancing

Offices, retail, industrial and business premises. Learn more →

Property Law

Structuring, titles, and broader property strategy. Learn more →

We’ll work seamlessly with your accountant and broker.

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Why Choose Corporate Legal for SMSF Conveyancing

SMSF Specialists

Bare trusts, LRBAs, execution sequencing and independent legal advice — handled by lawyers who do this regularly.

Residential & Commercial

One firm for both — whether your fund is buying a unit or your business premises.

Fixed-Fee Pricing

A clear, upfront fee so you can budget with confidence — no billing surprises.

A Lawyer, Not Just a Conveyancer

Your matter is run by a qualified property lawyer, giving you legal protection and strategic advice.

Coordinated With Your Team

We work hand-in-hand with your accountant, adviser and broker to keep everything aligned.

Current With the Law

Up to date with the 2026 residential borrowing changes, across NSW, VIC, QLD & WA.

Buy through your super with a firm that gets the structure right.

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Frequently Asked Questions

Can my SMSF still borrow to buy residential property?
Not for new arrangements. From 10 August 2026, a new LRBA can’t be used to acquire residential property. Existing residential LRBAs are grandfathered (and can be refinanced), and purchases where contracts were exchanged before 10 August 2026 can still settle afterwards. Your fund can still buy residential property outright, and can still borrow to buy commercial business real property. The cut-off is set by the date contracts are exchanged, not settlement.
Can my SMSF buy both residential and commercial property?
Yes — but the way they’re funded now differs. An SMSF can still buy residential property, though from 10 August 2026 it can’t borrow through a new LRBA to do so, so a new residential purchase must be funded from the fund’s own cash. Commercial “business real property” can still be bought with an LRBA and leased back to a related business at arm’s length.
What is a bare trust and why do I need one?
When your SMSF borrows to buy property under a Limited Recourse Borrowing Arrangement (LRBA), the asset is held by a separate bare trust (custodian) until the loan is repaid. We make sure it’s properly established and compliant before you exchange.
Why does my lender need independent legal advice?
SMSF lenders typically require trustees and guarantors to receive independent legal advice confirming they understand their obligations before releasing funds. We provide and certify this as part of our service.
What happens if the contract is signed in the wrong name?
It can be costly — potentially triggering double stamp duty or compliance breaches. That’s why we confirm the correct buying entity and bare trust before exchange.
Do you provide financial or tax advice on SMSFs?
No. We provide legal and conveyancing services only. Whether an SMSF purchase suits you, and all tax, borrowing and retirement-planning questions, should be discussed with your accountant or licensed financial adviser — we work closely with them.
Which states do you cover?
We handle SMSF conveyancing across NSW, VIC, QLD and WA, applying the correct execution sequence and stamping requirements for each state.
How much does SMSF conveyancing cost?
We work on fixed-fee pricing so you know your cost upfront. The exact fee depends on whether the purchase is residential or commercial and whether borrowing is involved — we’ll confirm it clearly at the outset.

Have more questions about buying property through your super?

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Buy Property Through Your Super, the Right Way

Buying property through your SMSF can be one of the smartest moves you make for your retirement — but only if it’s structured correctly and in line with the current rules. Corporate Legal delivers compliant, fixed-fee SMSF conveyancing for residential and commercial purchases, working seamlessly with your advisers.