SMSF Property
Buying property through your super fund is genuinely different. We know how to get it right.
SMSF Conveyancing That Gets the Details Right
Purchasing property through a self-managed super fund isn't a standard conveyancing job. The rules around who buys, how the title is held, and when documents need to be signed are all different — and getting any of them wrong can have serious consequences, including stamp duty you didn't expect to pay. All Hours Conveyancing handles SMSF property purchases in Victoria every day. We know the compliance requirements, the lender expectations, and the timing that makes this type of transaction work. If you're buying property through your SMSF — whether you're borrowing or buying outright — we can help you do it correctly from contract to settlement.
How We Help
- Reviewing the contract and confirming the correct purchasing entity is named before you sign
- Advising on whether a bare trust structure is required for your purchase
- Ensuring the bare trust deed is prepared and executed at the right time to avoid stamp duty
- Liaising with your SMSF lender, who will have specific settlement and documentation requirements
- Handling PEXA settlement with the correct LRBA structure in place
- Managing the title transfer from the holding trustee back to the SMSF trustee once the loan is fully repaid
- Notifying the relevant authorities and updating the title after transfer
Buying Property Through Your SMSF?
We handle SMSF property purchases every day. Let us make sure your structure, timing, and documentation are right from the start.
Request a Fee ProposalWhat Makes SMSF Conveyancing Different
When you buy property through an SMSF, the property can't simply be purchased in your personal name. It must be bought in the name of the SMSF trustee — either a corporate trustee or individual trustees acting in that capacity.
If you're borrowing to fund the purchase (which is allowed under what's called a Limited Recourse Borrowing Arrangement, or LRBA), the structure becomes more involved. You'll need a separate bare trust, with a holding trustee — usually a new company set up specifically for this purpose — named as the purchaser on the contract. The SMSF trustee doesn't appear on the contract at all.
This matters because if the wrong entity is named on the contract of sale, you may be up for stamp duty twice: once on the original purchase and again when the title is transferred to the correct entity later. In Victoria, that's a costly mistake.
The bare trust deed also needs to be signed at the right time — after exchange and before settlement — to avoid it being treated as a dutiable transaction in Victoria.
These are the details that matter. They're also the ones that get overlooked when SMSF purchases are handled by conveyancers who don't do them regularly.
Two Paths: Cash Purchase vs. LRBA
Buying outright (no borrowing)
If your SMSF has the funds to purchase without a loan, the structure is simpler. Title goes directly into the name of the SMSF trustee. There's no bare trust, no holding trustee company, and no LRBA to manage. The conveyancing process is more straightforward, though the contract still needs to name the right entity.
Borrowing to buy (LRBA)
If your SMSF is borrowing to fund the purchase, a Limited Recourse Borrowing Arrangement is required. This means:
- A new holding trustee company (also called a bare trustee) must be set up before settlement
- The contract of sale must be in the holding trustee's name only — not the SMSF's name
- A bare trust deed must be prepared, documenting that the holding trustee holds the property on behalf of the SMSF
- Once the loan is fully repaid, the property transfers from the holding trustee to the SMSF trustee — this is a separate transaction we can also manage for you
SMSF lenders have specific requirements around settlement, documentation, and timing. We work with them regularly and know what they need.
Victoria-Specific Rules
A few things that are particularly important for SMSF purchases in Victoria:
Bare trust deed timing
The bare trust deed should be dated after exchange and before settlement. This is important in Victoria because a deed signed before exchange may be treated as a dutiable transaction — meaning stamp duty could apply. Get the timing right and no stamp duty is payable on the deed itself.
Contract naming
Under an LRBA, the contract must name the holding trustee company only. Don't include any reference to "as trustee for [SMSF name]" — it may seem more descriptive, but it can create complications with how the purchase is assessed for duty purposes.
Acquisition costs
All purchase costs — including stamp duty, legal fees, and any adjustments — must be paid directly from the SMSF's funds. They can't be funded by the loan or by you personally.
Residential vs. commercial
Both residential and commercial property can be held in an SMSF, but different rules apply to each. Commercial property can be leased to a related party (including your own business) at market rates — residential property cannot. We'll make sure the right structure is in place for the type of property you're buying.
Simple 4-Step Process
Getting started is easy. Here's how we make your property journey smooth.
Request a Fee Proposal
Fill out our simple form or give us a call. We'll get back to you promptly with a competitive fee proposal.
Document Collection
We guide you through gathering all necessary documents. Our team is here to answer every question.
Legal Work Begins
Our experienced team handles all the legal aspects, keeping you informed at every milestone.
Settlement Success
We ensure everything is in order for a smooth settlement. You get the keys; we handle the rest.
Frequently Asked Questions
If you're buying outright (no loan), the contract should be in the name of the SMSF trustee — for example, "ABC Pty Ltd ATF The Smith Super Fund" or "John Smith and Jane Smith as trustees for the Smith Super Fund." If you're borrowing under an LRBA, the contract must be in the name of the holding trustee company only, with no reference to the SMSF.
A bare trust deed is only required when you are borrowing under an LRBA. It documents that the holding trustee holds the property for the benefit of the SMSF. In Victoria, it should be signed after exchange and before settlement to avoid it being treated as a dutiable transaction.
Yes. An SMSF can hold both residential and commercial property, but different rules apply. Commercial property can be leased to a related party (such as your own business) at market value. Residential property cannot be used by you, your family members, or any other related party.
No. If an SMSF holds residential property, it cannot be occupied or rented by you, your relatives, or other related parties — regardless of whether you pay market rent. This is an ATO compliance requirement. Commercial property is treated differently and can be leased to related parties at market rates.
Once the loan is fully repaid, the property needs to be transferred from the holding trustee to the SMSF trustee. This is a separate legal transaction — it's not automatic. We can manage this transfer for you when the time comes.
Generally, no — provided the bare trust deed is signed after exchange and before settlement. If the deed is correctly structured and timed, it is not a dutiable transaction in Victoria. This is one of the reasons the timing of the deed matters.
Yes. The SMSF (and the holding trustee company if you're borrowing) must be established before you sign a contract of sale. The contract must name the correct purchasing entity from the outset — amending it later can trigger additional stamp duty. If you're still in the early stages of setting up your fund, talk to your financial adviser or SMSF specialist before you exchange.
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