Burgess Thomson Lawyers

SMSF Property Purchases

Property Law & Conveyancing

Need help buying or investing in property with your super?

At Burgess Thomson, we specialise in guiding clients through the intricacies of investing in property through a Self Managed Superannuation Fund (SMSF). Utilising your superannuation to buy property can significantly enhance your retirement strategy, offering a potent mix of income generation and capital gains within a tax-advantaged structure.

Our Newcastle-based team of legal experts is here to ensure your SMSF property purchase is executed flawlessly, in compliance with all regulatory requirements.


How Burgess Thomson Can Help with Buying Property with Your Super

Investing your super in property requires careful planning and adherence to strict legal and financial regulations. Here’s how Burgess Thomson can assist:

  • Strategic Advice: We provide expert advice on how to structure your SMSF investment to align with your retirement goals while maximising tax benefits.
  • SMSF Borrowing and Bare Trust Setup: For clients looking to leverage their SMSF to borrow funds for property investment, we guide you through the process of setting up a bare trust, ensuring compliance with legal requirements.
  • Navigating Legal Requirements: Our team ensures that your SMSF property purchase meets all necessary legal criteria, including the types of properties you can invest in and their permitted uses.
  • Comprehensive Legal Services: From drafting and reviewing contracts to handling the conveyancing process, Burgess Thomson offers a full suite of legal services tailored to SMSF property transactions.

Find out more about how we can help Buying Property in a Self Managed Superannuation Fund (SMSF)

Why Choose Burgess Thomson for Investing Super in Property?

Choosing the right legal partner is crucial when navigating the complexities of SMSF property investment. Here’s why Burgess Thomson is the preferred choice for many:

  • Specialised Expertise: Our deep understanding of SMSF regulations and property law means we’re uniquely equipped to handle the nuances of buying property with super.
  • Tailored Solutions: We recognise that each client’s retirement planning and investment goals are unique. Our approach is to provide personalised advice and tailored legal solutions.
  • Commitment to Compliance: With the ever-changing landscape of superannuation law, Burgess Thomson stays at the forefront of legal developments, ensuring your investment remains compliant.
  • Proactive Approach: Our team is proactive in identifying potential issues and opportunities, ensuring a smooth transaction and maximising the benefits of your SMSF investment.


Investing in property through your SMSF can be a powerful component of your retirement strategy, offering both income and growth within a tax-effective framework. However, the success of such investments depends on rigorous legal compliance and strategic planning.

With Burgess Thomson, you benefit from a team of conveyancing specialists and legal experts dedicated to ensuring your SMSF property purchase is not only compliant but also optimally structured for your retirement goals.

Whether you’re considering buying property with your super for the first time or seeking to expand your SMSF investment portfolio, Burgess Thomson is here to provide the expert guidance and support you need.

Contact us or request a quote to explore how we can assist you in leveraging your superannuation for property investment, securing your financial future.


Generally property purchased in a SMSF must be an arm’s length transaction and cannot be purchased from a related party. Related parties cannot also obtain any benefit from the SMSF. This means the members of the SMSF or any related parties cannot live in or rent the property from the SMSF. The types of properties purchased must therefore be commercial properties or residential properties that are purchased in arm’s length transactions. It is also possible to purchase a business premises using your SMSF however commercial rent must be paid by the business to the SMSF and a market valuation is required.

It is possible to borrow to assist with your SMSF purchase, but a bare trust must be setup for this purchase to ensure that the borrowing is a limited recourse facility. This means that the assets of the SMSF are protected in the event the loan is not repaid, and the only security is the property purchased which is held in the name of the bare trust. The asset is segregated in a bare trust which acts as a custodian for the purchase. Once the loan is repaid, the title to the property can then be transferred to the SMSF and if done correctly additional transfer duty should not be payable on the subsequent transfer to the SMSF.
It is important that the bare trust has been established before exchanging contracts and that the entity is correctly described on the Contract for Sale. There can be transfer duty implications if this is not done correctly, so you should seek expert advice from us before exchanging contracts.

It is also possible for the SMSF to purchase business real property from a member of the SMSF. This allows your business to then rent the property from the SMSF. There are transfer duty concessions available for the transfer of member held business real property to the SMSF in certain circumstances. Contact us to discuss how we may be able to assist you to obtain these concessions.

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