The SMSF Trustee
Where the SMSF is purchasing the property using existing fund money, the SMSF trustee will usually purchase the property.
Buying property through your Self-Managed Super Fund (SMSF) can be an excellent investment strategy—but it also comes with additional legal requirements that don’t apply to ordinary property purchases.
At All Hours Conveyancing, one of the most common issues we see is buyers signing a Contract of Sale before the SMSF structure has been properly established.
By the time they’re seeking legal advice, they’re already legally committed.
A simple pre-contract review can help avoid delays, unnecessary costs and, in some cases, expensive restructuring.
Before committing to an SMSF property purchase, make sure the essential legal, financial and ownership arrangements have been considered.
If any of these are missing, it’s worth pausing before signing.
Yes. Subject to the relevant legislation, an SMSF may purchase:
Every purchase should align with your SMSF trust deed, investment strategy and applicable superannuation legislation.
The wrong purchaser is named on the Contract of Sale.
This happens more often than people realise. The purchaser shown on the contract depends entirely on how the property is being purchased.
Where the SMSF is purchasing the property using existing fund money, the SMSF trustee will usually purchase the property.
Where the SMSF is borrowing under a Limited Recourse Borrowing Arrangement, a holding or bare trustee is generally required.
A Limited Recourse Borrowing Arrangement, commonly referred to as an LRBA, involves additional legal, financial and ownership requirements.
A pre-contract review allows important issues to be identified while there is still an opportunity to address them.
Confirm that the appropriate trustee or entity is named.
Check that the proposed structure supports the SMSF strategy.
Ensure the finance clause is suitable for the proposed borrowing.
Consider whether building and pest conditions should be included.
Confirm that the settlement date is realistic for all parties.
Negotiate any SMSF-specific conditions required for the purchase.
Yes. Provided the purchase complies with applicable superannuation legislation, your SMSF trust deed and the fund’s investment strategy.
Yes. Commercial property, including eligible business real property, may also be acquired through an SMSF.
Yes. If your SMSF has sufficient funds available to complete the purchase, borrowing is not required.
Sometimes. However, changing the purchaser can involve delays, additional legal work, seller approval and possible duty implications.
Before you sign the Contract of Sale. That is generally when structural and contractual issues are easiest to address.
SMSF purchases involve more than transferring ownership. We work closely with the professionals involved in your broader investment strategy.
Our role is to ensure the legal side of your property purchase supports the strategy your advisers have recommended.
Before you sign a Contract of Sale, let us review it.
A pre-contract review is one of the simplest ways to reduce risk and avoid unnecessary costs later in the transaction.
Why take a Risk on the biggest financial decision of your life?
We’re proud of the relationships we build and the trust we earn. We work tirelessly to ensure that your property transaction is completed efficiently and without hassle.
Level 1, 530 Little Collins St, Melbourne
info@allhoursproperty.com.au
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