SMSF LRBA Lawyers for Commercial Property

Legal work for self-managed super funds borrowing to buy commercial property under a limited recourse borrowing arrangement (LRBA).

  • Custodian company and bare trust deed
  • Contract review and conveyancing in the correct names
  • Lender documents and independent legal advice certificates
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Limited Recourse Borrowing

What an LRBA Is

An LRBA is the only way an SMSF can borrow to buy property. The fund borrows, a separate custodian holds the property on trust for the fund, and the lender can look only to that property if the loan is not repaid.

Because the property sits in a bare trust until the loan is repaid, the contract, the trust deed, the custodian company and the lender's documents all have to match - the same asset, the same names, signed in the right order. Most LRBA problems trace back to a document signed too late or in the wrong name.

This page is general information about the legal documents. Whether an LRBA suits a particular fund is a question for the fund's accountant or licensed financial adviser.

Getting the Structure Right

What the Documents Must Line Up

Each of these points is settled before exchange, not after.

Single Acquirable Asset

The loan must fund a single asset. Where a property sits on more than one title, whether it counts as one asset needs checking before contracts are signed.

Bare Trust Deed

The custodian holds legal title on trust for the fund. The deed must identify the asset and the fund correctly and be signed before exchange.

Custodian Company

Usually a special-purpose company, separate from the fund's trustee, set up only to hold the property until the loan is repaid.

Business Real Property

Premises used wholly and exclusively in a business. This is what allows a fund to buy from, and lease to, a related party.

Related-Party Leases

A lease back to a member's business must be on arm's length terms - a written lease, market rent, and rent actually paid.

Lender Requirements

Bank loans come with their own requirements for the custodian and guarantors. Related-party loans must be on arm's length terms.

Step by Step

How an SMSF Commercial Purchase Runs

The order matters. This is the sequence we work to.

01

Confirm the Fund Can Buy

The fund's trust deed must permit borrowing and the investment strategy must cover the purchase. The accountant or adviser confirms this first.

02

Set Up the Custodian

The custodian company is registered and the bare trust deed is signed before contracts are exchanged.

03

Review the Contract

We review the contract and confirm the purchaser is named the way the lender and the bare trust require.

04

Lender Documents

Loan agreement, mortgage and guarantees are reviewed, with independent legal advice certificates for guarantors where the lender asks for them.

05

Settlement

The deposit and balance come from the fund, title transfers to the custodian and duty is paid.

06

After Settlement

A lease on arm's length terms is put in place if a related business occupies. Once the loan is repaid, the property can move from the custodian to the fund.

Our fixed fees for SMSF commercial purchases and custodian set-up are set out on our pricing page.

View Our Fixed Fees

What Changed on 10 August 2026

From 10 August 2026 an SMSF can no longer enter a new LRBA to buy residential property. Commercial property and other business real property are not affected.

Residential LRBAs entered before that date continue and can generally still be refinanced, and a fund can still buy residential property outright where no borrowing is involved. For funds that want to borrow, commercial property is now the path, which puts more weight on getting the business real property and leasing rules right.

Frequently Asked Questions

Can my SMSF still borrow to buy property?
Yes for commercial property and other business real property. From 10 August 2026 a new LRBA cannot be used to buy residential property. Residential LRBAs entered before then continue.
Can my SMSF buy my business premises from me?
Yes, where the property is business real property and the fund pays market value. A valuation is usually obtained so the price can be supported.
Can the fund lease the property to my business?
Yes. Business real property can be leased to a related party, provided the lease is in writing, the rent is at market and it is actually paid.
Does the custodian need to be a separate company?
Most lenders require it, and it keeps the arrangement clean. We register the company and prepare the bare trust deed.
Can borrowed money be used to renovate?
Loan money can fund repairs and maintenance, but not improvements that change the character of the asset. Improvements can be funded from the fund's own money, subject to the rules.
What happens when the loan is paid off?
The property can be transferred from the custodian to the fund. In NSW this transfer usually attracts concessional duty rather than full duty when the right steps are followed. See bare trust to SMSF transfers.

Talk Through Your SMSF Purchase

Tell us about the property and the fund, and we will outline the documents needed and the order they need to be signed in.

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