Do I Need a Specialist? Understanding Commercial vs Residential Settlement Processes in WA and the Skilled Team at KDD Conveyancing

With many Australian businesses shifting to hybrid and remote working, the demand for commercial property settlements in Perth has grown as former workspaces become available. At the same time, a nationwide housing shortage has increased the conversion of unused commercial spaces into much-needed residential properties, leading to a rise in residential settlements. As specialists in both residential settlements and commercial property settlements, the experienced team at KDD Conveyancing understands the appeal of repurposing property, particularly the opportunity to secure spaces at a more affordable price point.

However, undertaking such a conversion involves navigating challenges at settlement and requires specialised conveyancing services. Repurposing residential or commercial spaces often includes significant renovation costs and complex zoning regulations, making commercial property settlements more involved than typical residential transactions. Let’s dive in to what you need to know about commercial and residential settlements.

Residential vs. Commercial Settlement: What’s the Difference?

Property settlement is the legal transfer of property ownership and involves drafting, reviewing and lodging legal documents. However, processes differ between residential and commercial properties due to distinct laws and regulations.

Residential Property Settlements

Purchasing a residential property, whether a home or investment, is generally straightforward. Settlement involves land title checks, finance approval, liaising with banks, building inspections, paying government and loan costs and finalising contracts. Few parties are involved, zoning is standard and the buyer is usually an individual, making the process simpler.

Commercial Property & Mixed-Use Settlements

Commercial settlements for offices, shops, or accommodation businesses are more complex. Buyers are often businesses, requiring compliance with additional corporate and business laws. Zoning regulations are stricter and vary by location and sometimes need council approvals or even community consultation. Higher property values also increase risks.

Do Settlement Agents Specialise in One or Both?

Not all settlement agents offer both residential and commercial settlement services. Due to greater legal, financial and planning obligations, commercial settlements demand deeper expertise and due diligence. It is important to choose a settlement agency with proven corporate conveyancing experience and strong local knowledge to manage risks confidently. 

Why Commercial Settlements Require Additional Expertise

Commercial property settlements demand a higher level of due diligence. Factors such as rezoning regulations, GST obligations, commercial leases, land tax and permitted land uses all require careful investigation. Council approvals may also be necessary for home-business operations.

The legal documentation is more complex. Conveyancers may need to review leases, identify title issues, or uncover encumbrances affecting the transfer. In large-scale developments, additional complexities like environmental assessments, subdivisions and staged settlements must be managed. Having an experienced conveyancer ensures compliance and timely settlement.

Example where both Residential and Commercial Skills Would Apply.

Taking everything all in, let’s look at an example where KDD Conveyancing settlement agents would be able to help. Say you own an accounting business and wish to convert your residential property into a dual-purpose home and office. The ground floor would become your team’s workspace, while the first floor remains your private residence.

A skilled settlement agency like KDD Conveyancing would manage the legal steps, from securing council approvals to updating property titles and liaising with lenders, ensuring the conversion is compliant and smooth.

Key processes KDD Conveyancing can assist with include:

• Applying for change of use or development approval
• Facilitating subdivision or strata titling
• Managing mortgage documentation updates
• Preparing and lodging new Certificate of Title documents
• Coordinating legal aspects of leasing or business registration

What to Look for When Choosing a Settlement Agent in WA

When choosing a settlement agent for commercial property, ensure they are licensed under the Settlement Agents Act 1981 and have proven experience in both residential and commercial settlements. Local expertise is essential to navigate WA’s planning laws and business approvals.

Transparent communication is critical, as settlement requires coordination with councils, banks and other stakeholders. Ask about their due diligence process to ensure thorough property investigation. Access to legal and compliance support during settlement is also valuable. A good agent will clearly explain your rights and obligations to help you avoid pitfalls and make informed decisions.

KDD’s Skilled Team: Experts in Corporate Property Conveyancing

With over 30 years of experience, KDD Conveyancing has successfully handled a wide range of commercial settlements and understands Perth and WA’s specific requirements.

Our services include land subdivision applications, strata title processes and specialised support for strata properties. We tailor our services to your needs, offering a personalised, stress-free experience.

We leverage modern platforms like PEXA to streamline settlements, offering faster, more transparent processes and real-time tracking of transactions. Electronic lodgement also reduces errors, improving settlement timelines.

Other benefits of working with KDD include fixed pricing with no hidden fees and flexible scheduling, including after-hours or in-home meetings.

Get the Right Settlement Advice with KDD Conveyancing

Commercial properties involve unique legal and financial complexities, varying by type and location. Deep knowledge of laws and personalised service are crucial for a successful settlement.

At KDD Conveyancing, we make the process simple and straightforward. Get in touch for expert advice, and explore our blog for helpful guides and insights into the latest settlement innovations. We look forward to helping you settle your commercial property with confidence.