SMSF Property Conveyancing in Melbourne

Buying or selling property through your self-managed super fund? We ensure the legal process is done correctly.

Investing in property through a Self-Managed Superannuation Fund (SMSF) is an increasingly popular strategy for Australians looking to build wealth within their superannuation. But SMSF property transactions are subject to strict legal and compliance requirements that go well beyond standard residential conveyancing.
VIC Conveyancing works with SMSF trustees, their accountants, and financial advisers to ensure that all property transfers in and out of SMSFs are handled correctly, efficiently, and in full compliance with Victorian property law and superannuation regulations.

Key Legal Requirements for SMSF Property Purchases

When buying property through an SMSF, there are specific rules that must be strictly observed:

The property must be purchased in the name of the SMSF trustee (individual or corporate) in their capacity as trustee — not in your personal name
If the purchase is financed, it must be structured through a Limited Recourse Borrowing Arrangement (LRBA), which involves a separate bare trust holding the property during the loan period
The property must meet the sole purpose test — it must be acquired and held solely for the purpose of providing retirement benefits
SMSF trustees cannot purchase residential property from a related party, or allow related parties to live in or use a residential SMSF property

What We Do for SMSF Property Buyers

Review the Contract of Sale and ensure it correctly names the SMSF trustee in the appropriate capacity
Advise on the title registration requirements specific to SMSF purchases
Liaise with your SMSF lender on any LRBA structure, including bare trust deed requirements
Work alongside your SMSF accountant or financial adviser to ensure compliance
Conduct all required property searches and due diligence
Prepare and review all Transfer of Land documentation
Complete settlement via PEXA with correct trustee notation on title

What We Do for SMSF Property Buyers

Review the Contract of Sale and ensure it correctly names the SMSF trustee in the appropriate capacity
Advise on the title registration requirements specific to SMSF purchases
Liaise with your SMSF lender on any LRBA structure, including bare trust deed requirements
Work alongside your SMSF accountant or financial adviser to ensure compliance
Conduct all required property searches and due diligence
Prepare and review all Transfer of Land documentation
Complete settlement via PEXA with correct trustee notation on title

What We Do for SMSF Property Sellers

Prepare or review the vendor’s Section 32 and Contract of Sale
Manage the discharge of any LRBA mortgage
Ensure all transfer documentation correctly reflects the SMSF trustee’s capacity
Complete settlement electronically via PEXA

Work with Your Existing Advisers

We do not provide financial advice and we do not determine whether an SMSF property investment is right for you — that is the role of your licensed financial adviser and SMSF accountant. What we do is handle the conveyancing side of the transaction with expert precision, working collaboratively alongside your wider advisory team.

Work with Your Existing Advisers

We do not provide financial advice and we do not determine whether an SMSF property investment is right for you — that is the role of your licensed financial adviser and SMSF accountant. What we do is handle the conveyancing side of the transaction with expert precision, working collaboratively alongside your wider advisory team.

Important Note

SMSF property transactions must be set up correctly from day one. Errors in titling, trust structure, or documentation can have serious consequences for your fund’s compliance and your retirement savings. Always engage qualified professionals across all aspects of an SMSF property transaction.