The Gold Coast commercial property market is performing at its strongest level since the post-COVID-19 peak. While that is exciting for agents, it also brings significant challenges. Rising buyer expectations, a shortage of industrial land, and the need for careful disclosure and contract management, warns Property and Commercial Law Senior Associate, Tobie Mitchell.
Strong demand and limited supply are pushing more developers toward new commercial builds across the Gold Coast. For agents, these projects can be attractive, with newer stock, strong interest from investors, and good upside once complete, but they come with a level of legal and practical complexity that shouldn’t be underestimated.
In the industrial and commercial property space, legal obligations sit alongside market pressures, negotiations, and the realities of getting deals done. We’re seeing how strong negotiation skills combined with careful compliance can make all the difference.
Record growth in industrial precincts
Recent research indicates that industrial property in the Yatala Enterprise Area has increased in value by more than 30 per cent in 2025, making it the second-fastest-growing industrial precinct in the country behind Brisbane. Strong demand from investors and owner-occupiers has underpinned this growth, supported by major infrastructure projects which provide long-term confidence in the market.
The scale of industrial investment flowing into the Gold Coast is reflected in high-profile projects, such as the $500 million glass recycling facility s currently under construction in Yatala, expected to be operational in 2026.
In March, the Australian Financial Review reported that alternative asset manager MA Financial is buying the Gold Coast City Marina & Shipyard in Coomera. The fund said that it was rare for such a cash-generative asset to come to market, and that there is a growing need for more berths to cater for the increasing number of boats on Australia’s east coast.
Electric car company BYD is also set to expand its presence in Southport by building a new, expansive showroom, with the help of NGP Investments, following similar plans put before the Council by a Mercedes dealership and a Bentley and Maserati dealership.
From a legal perspective, this growth in the commercial property market also raises distinct challenges. Larger transaction volumes, shorter settlement timelines, and more sophisticated buyers all increase the risk of errors or omissions in agency agreements.
Agents should ensure that contracts, disclosure practices, and commission clauses are appropriately framed to withstand scrutiny from both buyers and regulators.
New commercial builds are not straightforward
The approval process for new commercial developments has become slower and more complicated. The process often requires detailed conditions around infrastructure, access, use, staging and timing. Many applications now involve extended assessment periods and community consultation, particularly where projects are near residential areas or have potential impacts on traffic or the environment.
In practice, this can lead to a shift in marketing timelines. The date of occupation moves, and expected completion milestones change. If those risks aren’t clearly explained to buyers, agents can find themselves caught in the middle of disputes that arise well after contracts are signed.
Industrial land supply remains tight. Many precincts continue to be repurposed for emerging industries such as film, innovation hubs, and recycling facilities, and most new industrial developments are now strata-titled.
While strata titling opens industrial property to more investors and owner-occupiers, it also heightens agents’ responsibilities around disclosure, permissible use, and document management.
Tight supply combined with strong demand means any missteps carry serious consequences.
Agents open themselves up to both financial and regulatory risks if they do not clearly document commission timing, required disclosures, and dispute resolution processes.
Buyers may also claim misrepresentation if the land is zoned or used differently than expected. It’s important that contract drafting and process management systems are rigorous. Without clear documentation, agents may be found responsible for date changes that were beyond their control.
Protecting commissions
The most effective agency agreements should:
- Confirm that all required disclosure documents have been provided to the buyer and that there’s a paper trail to prove it,
- Tie commission payments to moments when the vendor receives a financial benefit (such as when a deposit is forfeited or released early), rather than waiting until settlement, and
- Account for situations where settlement is delayed through no fault of the agent.
This matters because in some commercial and industrial deals, settlement can be months or even years away. Without these clauses, agents may face long gaps between doing the work and getting paid.
Agents would be wise to discuss obligations proactively with vendors. Clearly explaining what must be disclosed, the permitted use of a property, and possible settlement delays minimises the risk of disputes and improves enforceability. Verbal assurances are not enough. Everything should be documented, signed, and verifiable.
The legal landscape for strata and industrial assets
For many investors, industrial strata properties are an appealing way to diversify. Strata setups can simplify financing and open the door to more buyers. But they also carry detailed compliance requirements that demand careful attention.
Many new industrial and commercial developments are now structured under strata or community title arrangements. While that opens the door to a broader range of buyers (including SMSFs and smaller investors) it also brings a more regulated environment.
New or off‑the‑plan strata developments can trigger statutory disclosure requirements, buyer termination rights, and strict obligations around the information that is provided pre‑contract.
Body corporate budgets, proposed bylaws, ongoing levies and future maintenance responsibilities all need to be properly documented and disclosed.
Agents working with strata-titled properties need a solid understanding of body corporate rules — including what restrictions apply to the property, what buyers are likely to expect, and what must be disclosed before contracts are signed.
This means being able to check and document strata approvals, bylaws, and any special levies before a sale proceeds.
Getting this wrong can lead to complaints, compensation claims, or regulatory action.
Given the high values and complexity involved in these transactions, careful contract drafting and thorough disclosure are essential.
Agents also need to be careful about how they talk about projected returns or future rental income, particularly where leases aren’t yet in place. Any statements about expected yield or tenant demand should be carefully framed. Assumptions can quickly become allegations of misrepresentation if a project does not ultimately perform as expected.
Why investors still back new commercial projects
Despite the red tape, new commercial builds continue to attract capital. Investors are still actively looking for modern industrial and commercial assets, particularly where the hard work has already been done, approvals in place, strata established, and occupation approvals issued.
Once those fundamentals are settled, new developments can perform well. Newer stock generally attracts longer leases, lower maintenance costs, and stronger buyer confidence, particularly from super funds and long‑term investors.
From an agent’s point of view, deals tend to run more smoothly where the legal position is clear. Projects that are properly approved, well documented and transparently marketed are easier to transact and less likely to unravel later. That tends to protect both commissions and reputations.
The Queensland economy is forecast to expand strongly in the lead-up to the Brisbane 2032 Olympics. Industrial demand is expected to continue, driven by major infrastructure projects and ongoing investor interest in strata-titled industrial assets.
Agents should anticipate:
- Continued upward pressure on industrial prices and rents
- Increased scrutiny of disclosure obligations from buyers and regulators
- Faster settlement timelines and more complex contractual arrangements
- Greater competition for limited industrial land parcels
My five tips for agents
- Put all disclosures, confirmations of permitted use, and deposit arrangements in writing.
- Include clauses that establish commission entitlement at early vendor benefit events, such as non-refundable deposits or deposit releases.
- Add provisions that address settlement extensions outside your control.
- Understand all body corporate rules, levies, and approvals before contracts are signed.
- Regularly update contracts and agreements to reflect current legal obligations and market conditions.
Attwood Marshall Lawyers – your commercial law partners
At Attwood Marshall Lawyers, our Property and Commercial Law team works closely with agents, landlords, and tenants across residential and commercial property transactions. We understand the complexities of commercial property deals and are ready to provide practical, industry-specific advice to keep your transactions moving.
If you have any legal questions concerning property contracts or any other documentation related to a property transaction and settlement, please get in touch with our Property and Commercial Law Department Manager, Sarah Jones on direct line 07 5506 8233, email sjones@attwoodmarshall.com.au or call our 24/7 phone line on 1800 621 071.
