Frequently Asked Questions
This may not tell you what will be possible for your specific land or building. For individual advice, please contact us at Tenure Solutions.
1. Why is the Tenure Solutions offering unique ?
We provide a customized service to meet your land or building needs, unlocking and maximising value in an innovative way. Many people would like to rearrange their land or building interests to give them more flexibility, more choices, additional cash. Often what they want is blocked by rules and regulations limiting subdivision. Tenure Solutions moves away from limited traditional thinking around how land and buildings are seen and their future potential; we combine all the possible available legal tools including company title. Many thousands of properties around Australia have been held under company title for over a hundred years.
2. How common is Company Title?
Company Title is widely used around Australia for more than 100 years. There are thousands of properties in and around Brisbane include apartments in iconic buildings such as Torbreck (Highgate Hill), professional suites in Ballow Chambers (Spring Hill), private apartments on Hamilton Island and a jetty in the Noosa River.
3. Is Tenure Solutions work legally compliant ?
Sure thing; absolutely. We only work within the law. We work within established, current tools to suit individual needs but always ensure legal compliance.
4. In terms of costs and timing, how does Tenure Solutions compare?
Current commonly-used tenure processes (for instance getting local government planning approval, subdivision/community title plan sealing and registration) normally take between 9-12 months to complete and costs often start well above $50,000. Tenure Solutions typically have the property apportioned as requested, shareholders’ ownership defined and the interests in separate areas ready for sale within 4-6 weeks, start to finish. Our all-up costs can be as low as one quarter of alternate approaches.
5. Is the resale value of a property diminished when Company Title is used?
We have been advised that in existing Company Title properties, the valuations of ‘specified areas’ retain and/or gain in value in comparison with similar types of property (land or buildings). In our experience as well as observation, ownership is readily transferred and banks and finance providers lend against the shares to support transfers of ownership.
6. How do the costs of Company Title compare to subdivision and community title?
The cost of establishing the Tenure Solutions system is significantly less than a traditional or community title subdivision; in some situations, as little as one-quarter of the cost. In addition, the combined establishment and ongoing administration costs for Company Title are significantly less than a community title arrangement.
7. In terms of length of time needed, how does Tenure Solutions compare?
Current traditional tenure methods involving planning approval, subdivision/community title plan-sealing and registration, normally take between 9-12 months to complete. Depending on the complexity of the property, with Tenure Solutions we typically have the apportionment of the land or building completed and registered, and, if intended, shareholder ownership defined and ready for transfer, within 4-6 weeks, start to finish.
8. What about transfer duty and GST?
Transfer duty may be assessed in some situations and in respect to some parts of the transactions, but are never higher than they would be in a subdivision situation. Mostly, GST isn’t applicable.
9. Does the local council have any role in these company title solutions?
To a limited extent, local authority rules and regulations apply to all projects. Some state and federal laws may also apply. Tenure Solutions only develops solutions which comply with relevant rules and regulations. Council involvement is not required if the proposed use of the land and/or buildings comply with the local government’s planning scheme. Private certifiers are typically used in approval of buildings and structures within existing zoning entitlements and compliance with building codes.
10. What happens to the remaining and/or common areas on the property?
In apportioning land or a building into saleable specified areas, some parts will be set aside for common use for instance for road access. These are called Common Areas and usually will be defined in the setup of the project.
11. In a Company Title situation, is the buyer beholden to the initial land owner ?
No, the constitution provides for each shareholder to have one vote with respect to management and governance of the company, regardless of the size of the individual Specified Areas. So everyone is on an equal footing.
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