Buying property through a Self-Managed Super Fund is not an ordinary purchase. There is an extra layer of legal structure sitting underneath it, and if the contract is signed before that structure is right, fixing it afterwards can be slow, expensive, and in some cases impossible.
The single most common problem we see is simple: the Contract of Sale is signed before the SMSF side has been properly set up. By the time the buyer speaks to a conveyancer, they are already legally committed.
All Hours Conveyancing has handled Victorian property transactions for more than 20 years and across more than 10,000 settlements. We make sure the legal side of your SMSF purchase is correct from the start, working alongside the accountant and adviser who look after your fund.
An SMSF purchase involves several professionals, and it works best when everyone stays in their lane.
Your accountant and financial adviser handle the fund itself: whether the purchase suits your investment strategy, whether your trust deed permits it, contribution and liquidity questions, and establishing any trust structure the purchase requires.
We handle the conveyancing. We review the Contract of Sale, confirm the property is being bought in the correct name, negotiate the SMSF-specific conditions, and settle the purchase in the correct entity. We work directly with your advisers so the legal side lines up with the strategy they have set.
We are licensed conveyancers, not financial advisers. We will not tell you whether to buy through your SMSF. We will make sure that once you have decided to, the purchase is done correctly.
There has been a lot of media coverage about the Federal Government restricting SMSFs from borrowing to buy residential property. The headlines have caused confusion, and the reality is simpler than they suggest.
| Situation | Still possible? |
|---|---|
| Buy residential property with SMSF cash | Yes |
| Borrow to buy residential property through your SMSF (from 10 August 2026) | No |
| Existing SMSF residential property loan | Yes, generally unaffected |
| Borrow to buy qualifying business real property | Yes |
If you are planning a purchase around this date, the timing genuinely matters. Speak to your accountant and to us before you commit to anything.
An SMSF purchase runs smoothly when these are sorted before the Contract of Sale is signed, not after:
If any of these is missing, it is worth pausing before you sign. Signing first and sorting out the SMSF afterwards is the single most common way these purchases go wrong.
so the property is bought in the correct name for your funding method
and whether it matches how the fund is buying
and whether they suit an SMSF timeline
and whether they are realistic given SMSF finance takes longer
specific to an SMSF purchase
and Owners corporation, where relevant.
in full
SMSF lending generally takes longer than standard residential lending. There is more documentation, and lenders apply more conditions.
The buyers who run into trouble are usually the ones who sign first and start the finance process afterwards, then find themselves pushed against a settlement date the finance cannot meet. If you are borrowing, get finance moving early, and make sure the contract’s settlement period reflects reality. We check that it does.
acting for Victorian property buyers
Our founder, Shakila Maclean, is the current President of the Australian Institute of Conveyancers (VIC).
Your accountant, financial adviser, mortgage broker and lender, so the legal side supports their strategy.
property transactions completed
Based in the Melbourne CBD at Level 1, 530 Little Collins Street, we act for buyers across Melbourne CBD, East Melbourne, West Melbourne, Middle Park, St Kilda, Elwood, Fitzroy, Clifton Hill, Parkville and Ivanhoe.
Yes, provided the purchase complies with superannuation legislation, your SMSF trust deed and your investment strategy. From 10 August 2026, the fund generally cannot borrow to buy residential investment property, but it can still buy outright if it has the funds.
Yes. Commercial property, including business real property, can be acquired through an SMSF, and borrowing to purchase qualifying business real property is still permitted.
Yes. If your SMSF has sufficient funds, borrowing is not required, and the recent borrowing changes do not affect you.
Usually, if you are borrowing. Where an SMSF buys property under a Limited Recourse Borrowing Arrangement, a holding trust, known as a bare trust, is generally required. Your accountant or adviser will arrange this. We make sure the contract names the correct party to match it.
Sometimes, but it can involve delays, additional legal work and possible duty consequences. It is far better to name the correct purchaser from the start, which is what a pre-contract review is for.
Before you sign. That is when problems are easiest, and cheapest, to fix.
Beyond agent commission, sellers should budget for conveyancing and the disbursements involved in obtaining certificates. We set out our services and fee proposal clearly before we begin.
No. We are licensed conveyancers. Whether to buy through your SMSF, and how to structure your fund, are questions for your accountant and financial adviser. Our role is the conveyancing, and making sure it aligns with what they have advised.
The easiest SMSF problems to fix are the ones caught before the Contract of Sale is signed. A pre-contract review is one of the simplest ways to reduce risk and avoid unnecessary cost later.
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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