Leasing in New Gold Coast Developments – What to Check Before You Move In

Raymond Duffy
7 days ago
4 min read

New Opportunities, New Risks

The Gold Coast is booming with new retail, hospitality, and mixed-use developments — from the glitzy towers of Surfers Paradise and Broadbeach to emerging hubs like Hope Island, Robina, Coomera, and Palm Beach. For business owners, securing a spot in a brand-new precinct can be exciting: high foot traffic, modern fit-outs, and the chance to grow with the development.

But leasing in a new project carries unique legal and commercial risks. Before you sign or move in, it’s vital to understand what you’re committing to — and what protections you have if construction delays, access issues, or tenancy mix changes.

At Greyson Legal | Leasing Lawyers Gold Coast, we help tenants and landlords navigate new-development leases with confidence, clarity, and compliance.

Confirm Development Completion and Access Dates

In many new projects, leases are signed before construction is complete. This means:

You may commit to rent and fit-out schedules before you can actually take possession.
Practical completion can be delayed due to weather, supply chain issues, or building approvals.

Check for “fit-out commencement” and “rent commencement” clauses. These should specify:

When the landlord must hand over the premises.
When rent starts (ideally after you have access and fit-out completion).
What happens if there’s a construction delay or failure to deliver services (water, electricity, air-conditioning).

A well-drafted lease should allow rent-free periods or deferral if the landlord misses deadlines.

Check for Development and Construction Risks

Before moving in, confirm:

Has the development obtained final building approvals and occupancy certificates?
Are common areas (car parks, lifts, signage zones) completed and safe for public access?
Are any staging works (future phases of construction) likely to disrupt your trading?

Some tenants move in while nearby stages are still under construction — resulting in dust, noise, and limited customer access for months.

Greyson Legal Gold Coast leasing lawyers can review clauses relating to construction interference, quiet enjoyment, and landlord’s right to carry out works.

Understand the Lease Structure – Retail or Commercial

Depending on the nature of the development, your lease could fall under:

The Retail Shop Leases Act 1994 (Qld) (for most shops, cafés and restaurants), or
A commercial lease if the premises aren’t primarily retail in nature.

This distinction determines:

What disclosure obligations the landlord must meet.
Whether “ratchet clauses” (no rent reductions) are prohibited.
Your rights in dispute resolution and lease termination.

It is important to confirm whether your lease qualifies as a retail shop lease — this determines the legal protections you enjoy.

Fit-Out Costs and Landlord Contributions

In new developments, fit-out obligations can be extensive — and expensive. Before signing, clarify:

Who pays for base-building works (floors, ceilings, services).
Whether the landlord offers a fit-out contribution or rent incentive.
Whether you must use approved contractors or designs.
Timeframes for completing your fit-out.

Some landlords set tight deadlines for tenant fit-outs but delay their own handover, leaving tenants in difficulty meeting their obligations. Perhaps check for lease clauses that ensure the lessee's fit-out period starts only once access is granted and services are connected.

Check for Make-Good, Maintenance, and Warranty Clauses

Brand-new buildings often come with defects or teething issues — leaks, faulty air-conditioning, or electrical problems. Make sure your lease specifies:

The landlord’s responsibility for any defects.
Who maintains newly installed fixtures.
That you are not liable for defects caused by construction or builder warranties.

Disclosure Documents – Read the Fine Print

Under Queensland law, landlords must provide a Lessor Disclosure Statement before a retail tenant signs.This document should clearly identify:

Development details and expected completion.
Operating hours and permitted use.
Outgoings and service charges.
Any known or anticipated defects.

If disclosure is incomplete or misleading, tenants may have rights to terminate the lease or claim compensation under the Retail Shop Leases Act 1994 (Qld).

Understand the Tenant Mix and Exclusivity Rights

In new precincts, early tenants often shape the development’s identity and foot traffic. Before you commit:

Ask for details of the proposed tenant mix.
Negotiate exclusive use rights (e.g., exclusive café, barber, or beauty salon).
Ensure the landlord can’t lease to direct competitors within the same complex.

Exclusivity clauses can protect your long-term profitability and brand position.

Inspect the Premises and Services Before Handover

Before accepting possession, inspect:

Services: power, water, gas, grease traps, fire safety, Wi-Fi capability.
Access: signage space, delivery routes, customer parking.
Surrounding tenants: are they open or still under construction.

Align Lease and Development Timelines

The landlord’s development schedule, the builder’s practical completion, your fit-out period, and the start of trading must all align. Any misalignment can lead to rent liability before you’re ready to trade.

Negotiate:

Rent commencement tied to trading start date, not handover.
Termination rights if the project faces significant delays.
Clear extension options if your initial term is short compared to your investment.

Get Independent Legal Advice Early

Before committing to any new development lease, engage a leasing lawyer to:

Review disclosure documents.
Advise on commercial terms and risks.
Align lease term with fit-out and business plans.
Ensure your personal guarantees and security deposits are fair.

Greyson Legal | Your Gold Coast Leasing Law Experts

At Greyson Legal, we help tenants make informed leasing decisions across the Gold Coast — from Surfers Paradise and Burleigh Heads to Robina and Coomera.

We understand local development dynamics, council approvals, and Queensland leasing laws, ensuring your lease supports long-term business success.

Our services include:

Retail and commercial lease reviews
Disclosure and compliance advice
Lease negotiations and variations
Guidance with dispute resolution under the Retail Shop Leases Act

Before You Move In, Talk to a Leasing Lawyer

Don’t let construction delays or unclear lease terms cost your business time and money. Before signing your lease in a new Gold Coast development, get professional legal advice.

Greyson Legal | Leasing Lawyers Gold Coast📍 Gold Coast | Brisbane | Sunshine Coast | Hobart

📞 0411 248 885 📧 mail@greysonlegal.com 🌐 https://www.greysonlegal.com/leasing-lawyers-gold-coast