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ARTICLE · 23 DECEMBER 2024

To register or not to register…

Lessors of commercial property need to understand the registration rules in different states and territories.

AustraliaReal Estate and Construction

When leasing a commercial property in Australia, understanding the registration rules in different states and territories is crucial. This is especially important for doctors, surgeons, and specialists who lease suites, practice rooms, and theatres to ensure their leases are enforceable and have priority over future interests.

Registration Requirements by State

  • New South Wales: Commercial leases longer than 3 years must be registered to have priority over later interests. Retail leases should be registered within three months after the lease is returned to the landlord.
  • Australian Capital Territory: Leases longer than 3 years, including renewal options, must be registered to be enforceable.

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