All Topics / Commercial Property / JV on Commercial build ? Advice ?
Hi all, I would really like some input on this issue
Roughly 2 years ago I jointly purchased a 5600sqm industrial property in Campbeltown NSW.
I currently have a DA approval for a 1900sqm[aprox] building and a CC in progress.
My investing partner recently had a change in circumstances and has asked to back out of the build.
So……….
As it stands, I currently have a respectable parcel of land ready for the build.
My thoughts…….
I'm considering a 50% JV to a motivated smaller builder that is capable of funding the build to completion.
In my simple way it goes like this.
I own the land, you build the factory.
Upon completion the whole property is then drawn up and equally partnered.
Yes, there are a lot of questions that need to be asked and answered.
But as some basic info goes
Property cost :$1mil aprox
Type: Industrial land
Size: 5600sqm
D.A: Approved
C.C: In progress
Building size: 1900sqm [aprox]
Estimated build cost : To be assesed. [Estimated at 800k]
Estimated rental : $120k / $140k P/Annum
And here is the kicker…….
After the building is completed there is enough area remaining to build another smaller freestanding factory on the same parcel of land in the future as a second income source.
So the question I ask. based on the information I've shared in this post.
How does the deal sound ? Can something like this work ?
Cheers
Chris
Hi
Yes it can definitely work.
It can also get very messy if it goes wrong.
Be picky in who you partner with.
Make sure your JV agreement is tight and right
I would also suggest that your entity that owns the land is not a joint venture to the part. Setup another entity that owns nothing, other than a legal right to build on the land (proper structure is vital) That entity JV's with the builder is something goes bad you have separated the ownership of the land from the JV.
RPI | Certus Legal Group / PRO Town Planners
http://www.certuslegal.com.au
Email Me | Phone MeProperty Lawyer & Town Planner
Hi RPI
Thanks for your comment
You're definatly spot on when you say the deal has to be "right & tight"
Both parties have to be protected in every scenario.
The ideal outcome is a clean,quick & profitable relationship.
I'm still seeing this as a win-win scenario.
Just need to find the right team to take on the job.
Hi Chris
I have loads of clients that do really well with JV's
If your agreement covers all eventualities it keeps relationships easier. We do extensive shareholder agreements even for simple company operations with different shareholders, if the agreement details how to deal with things, it doesn't progress to arguments because it is there in black and white.
Good luck
RPI | Certus Legal Group / PRO Town Planners
http://www.certuslegal.com.au
Email Me | Phone MeProperty Lawyer & Town Planner
Taking the devil’s advocate approach – you may need to exclude the additional land from the leased area as a tenant who rents the property may want exclusive access to the entire block or unimpeded access to their lease area.
So you will need to consider what you’re leasing out as well.
$800k build sounds really low to me. This calculator estimates $1.3M incl gst for a low spec build of that size http://www.washingtonbrown.com.au/building-cost-calculator/
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