Our expertise

Botha & Co is a property, planning and development practice uniquely positioned through its integrated conveyancing capability and its ability to provide commercial and dispute resolution support that aligns seamlessly with these areas of practice.

Property, Planning & Development

Property, planning and development is a core focus of the practice.

We are uniquely positioned to advise on the legal work required to move a development from early-stage assessment and acquisition through approvals, implementation, registration and ultimately disposal, leasing or occupation. The work is approached with a clear view of sequence, risk and practicality: what must be dealt with first, what is likely to affect the project later, and what legal pathway best supports the intended outcome. It is also informed by a practical understanding of how municipalities, tribunals, approval authorities and related stakeholders operate in practice.

Clients may engage the practice across the lifecycle of a development, for a particular phase, or for targeted advice on a defined issue within a wider project.

We provide tailored solutions and a fixed phased-fee approach that delivers budget certainty, predictability and an efficient, structured process.

Across the development lifecycle

Not every matter requires every stage, and not every stage requires the same degree of legal involvement. The engagement is shaped by what the project actually needs.

Due diligence & early assessment

Early-stage legal input to identify constraints, assess feasibility and shape strategy before a project moves forward.

Acquisition & structuring

Advice on how the property is to be secured, structured and documented in a way that supports the intended development outcome.

Planning & approvals

The legal and regulatory work required to secure, protect or refine the development rights needed for the project.

Implementation

Translating approvals into a position that can be implemented in practice, including the legal work that supports delivery on the ground.

Registration & title work

The registration, conveyancing and title-related steps required to give legal effect to the approved development structure.

Disposal, leasing & ongoing support

Support once the approved structure is capable of sale, leasing, occupation or ongoing holding.

Planning & Land Use

Planning and land use is a defining strength of the practice and often the point at which clients most clearly require specialist legal input.

As one of the few legal practices with significant experience and specialist expertise in this area, we bring a deep understanding of the legal, regulatory and practical considerations that shape successful outcomes.

This is frequently where legal strategy has the greatest influence on whether a project can proceed, on what terms, and through what pathway. It is also often where legal work must engage most directly with municipal process, affected parties, project sequencing and implementation risk.

rezonings, consent uses and departures
subdivisions, consolidations and township establishment
removal of restrictive title deed conditions
municipal and regulatory processes connected to development approvals
objections, participation processes and affected-party engagement
appearances before Municipal Planning Tribunals and Appeal Authorities
appeals, reviews and related planning disputes

Conveyancing

Conveyancing is an integral part of the practice's property and development offering.

bond cancellations in property sales
private and commercial property transfers
sectional title transfers and related registration work
subdivisions, consolidations and development-related registrations

Commercial

Commercial support aligned with the broader client relationship

Our commercial capabilities fit seamlessly alongside development and property-related matters, enabling us to provide integrated legal support across the full lifecycle of a project or client relationship. This allows us to deliver commercially driven advice that is aligned with broader strategic and operational objectives.

lease transactions
ownership and holding structures
shareholder, partnership and joint venture arrangements
franchising, licensing and royalty arrangements
property-linked operating agreements
selected contractual drafting and negotiation
structuring and governance support
related contractual disputes

Dispute Resolution

Dispute work is approached strategically, with regard to the broader property, planning or commercial context.

planning disputes
neighbour and land use disputes
property and ownership disputes
commercial and contractual claims
partnership and related business disputes
proceedings before courts, municipal authorities and other regulatory bodies