Buying & Holding Property in Your Self-Managed Super Fund
One firm for the whole SMSF property journey — from setting up the bare trust, to the purchase itself, to transferring the property into your fund once the loan is repaid.
- SMSF conveyancing, bare trust & custodian setup, and post-loan transfers.
- Each service available on its own — use us for one step or the whole journey.
- Run by a qualified property lawyer, not just a conveyancer.
- Current with the 2026 residential LRBA changes commencing 10 August 2026.
- Fixed-fee, clearly quoted before you commit.
Everything Your Fund Needs to Buy and Hold Property
A self-managed super fund can be a powerful way to build retirement wealth through property — but SMSF purchases sit under far stricter rules than an ordinary acquisition. The buying entity has to be exactly right, any borrowing has to be held through a properly established bare trust, documents must be signed in the correct order for your state, and the property may later need to be transferred into the fund once the loan is repaid.
Corporate Legal handles each stage of that journey. Whether you are setting up a bare trust and custodian to borrow, buying a residential or commercial property through your fund, or transferring a property out of the custodian and into your SMSF after the loan is paid off, we make sure the structure is legally compliant and the paperwork is right — the first time.
Each of our SMSF services can be used on its own. Come to us for a single step where another adviser has handled the rest, or let us run the whole thing end-to-end alongside your accountant, financial adviser and broker.
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 outright (without borrowing), funds can still borrow to buy commercial business real property, and existing residential LRBAs are grandfathered. We confirm exactly how the change affects your plans.
Three Ways We Help SMSFs With Property
Each service stands on its own — pick the one you need, or use us across the whole journey.
SMSF Conveyancing
End-to-end conveyancing for your fund’s purchase — residential or commercial — from the correct buying entity through to PEXA settlement.
- Correct purchasing entity confirmed before exchange
- Contract review, searches & due diligence
- Residential & commercial (business real property)
Bare Trust & Custodian Setup
Where your fund is borrowing, the property must be held by a bare trust with a corporate custodian. We establish it correctly, in the right order, before you exchange.
- Bare (holding) trust deed & corporate custodian
- LRBA-compliant structure for your lender & the ATO
- Execution sequencing & deed stamping
Bare Trust to SMSF Transfer
Once the LRBA is repaid, the property is transferred from the custodian to your fund. We handle the transfer so it attracts concessional duty with no change in beneficial ownership.
- Custodian-to-fund transfer once the loan is paid
- Concessional NSW duty, correctly evidenced
- No change in beneficial ownership
The SMSF Property Journey — and Where Each Service Sits
Most geared SMSF purchases run through the same four stages. You might engage us for just one of them, or for all of them.
Set Up the Structure
Where the fund is borrowing, we establish the bare trust and corporate custodian and confirm the correct buying entity — so the contract is exchanged in exactly the right name. Bare Trust & Custodian Setup →
Buy the Property
We review the contract, run searches, manage the LRBA documentation and independent legal advice your lender requires, and settle through PEXA. SMSF Conveyancing →
Hold & Repay the Loan
The custodian holds the property on bare trust for your fund while the LRBA is repaid over time — your fund is the beneficial owner throughout.
Transfer to the Fund
Once the loan is repaid, we transfer the property from the custodian to the SMSF at concessional duty, with no change in beneficial ownership. Bare Trust to SMSF Transfer →
Who We Act For
SMSF Investors
Members using their fund to acquire residential or commercial property to build retirement wealth.
- Correct entity & compliance
- Residential or commercial
- Coordinated with your adviser
Business Owners
Owners buying their business premises through their fund and leasing it back at arm’s length — unaffected by the 2026 residential changes.
- Business real property purchases
- Arm’s-length related-party leases
- GST & going-concern structuring
Funds That Have Repaid the Loan
Trustees whose LRBA is now paid off and who need the property moved from the custodian into the fund correctly.
- Custodian-to-fund transfers
- Concessional duty evidenced
- Clean, compliant title
The SMSF Essentials We Manage
The 2026 Residential Borrowing Ban
From 10 August 2026, new LRBAs can’t fund residential purchases. We confirm whether your purchase is caught, and whether grandfathering or a pre-commencement transition applies.
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.
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.
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 — and, from 10 August 2026, only for commercial business real property.
Execution Sequence
The order in which the contract, trust deed and loan documents are signed differs by state — getting it out of order can invalidate the structure. We control the sequencing.
Independent Advice & Stamping
Lenders require trustees and guarantors to receive independent legal advice before settlement — we provide and certify this, and attend to bare trust deed stamping where a state requires it.
Why Choose Corporate Legal for SMSF Property
SMSF Specialists
Bare trusts, LRBAs, execution sequencing and independent legal advice — handled by lawyers who do this regularly.
The Whole Journey, or One Step
Setup, purchase and transfer under one roof — engage us for the full journey or just the stage you need.
A Lawyer, Not Just a Conveyancer
Your matter is run by a qualified property lawyer, giving you legal protection and strategic advice.
Fixed-Fee Pricing
A clear, upfront fee for each stage so you can budget with confidence — no billing surprises.
Coordinated With Your Team
We work hand-in-hand with your accountant, adviser and broker to keep everything aligned and moving.
Current With the Law
Up to date with the 2026 residential borrowing changes, across NSW, VIC, QLD & WA.
SMSF property rarely sits on its own. Because we also handle residential and commercial conveyancing, contract reviews, leasing and property disputes, we can support your fund from structure to settlement — and beyond.
Frequently Asked Questions
Which SMSF service do I need?
Can I use just one of your SMSF services?
Can my SMSF still borrow to buy property?
Do you handle both residential and commercial SMSF purchases?
Why does the transfer to my fund attract only concessional duty?
Do you give financial or tax advice on whether to use an SMSF?
Thinking about property in your super fund?
Whether you’re setting up, buying, or transferring a property into your fund, get a fixed-fee, plain-English read on the right next step.
Book a Consultation