Buying a Company Title Property in NSW

We've helped hundreds of clients and counting!

Our experience speaks for itself. Partner with us for reliable solutions that work.

CM Lawyers – Marrickville’s Property & Conveyancing Experts 

Sydney is home to a range of unique property ownership structures, and one of the most complex is company title. Buying a company title property isn’t the same as purchasing a strata or Torrens title unit—it involves acquiring shares in a company that entitle you to occupy a specific apartment. 

At CM Lawyers in Marrickville, we’ve guided countless clients through the process of buying company title properties. From board approvals to financing challenges, we understand the hurdles buyers face—and how to navigate them with confidence. 

This guide explains what company title is, the risks and benefits of buying it, and how we help Sydney buyers secure their dream property. 

Company Title in New South Wales 

• Company title is an older form of property ownership, most common in pre-1960s apartment buildings across Sydney’s Inner West, CBD, and Eastern Suburbs. Instead of owning the unit itself, you: 

• Buy shares in a company that owns the building. 

• Gain the right to occupy a specific apartment under the company’s constitution. 

• Must comply with company rules on occupancy, leasing, and resale. 

Why Buying Company Title Is Different 

Unlike strata or Torrens title: 

• You don’t hold a direct interest in the land. 

• You’re subject to the company’s constitution and board decisions. 

• Financing is harder—many banks won’t lend for company title. 

• You need board approval before the purchase can proceed. 

These unique conditions mean buyers should always work with a lawyer who understands company title transactions. 

The Buying Process for Company Title Properties 

At CM Lawyers, we guide buyers through a careful step-by-step process: 

1. Reviewing the Company Constitution: Before contracts are exchanged, we review the company’s constitution and by-laws. These documents control your rights as a shareholder and tenant, including whether you can sublet, renovate, or even who can live with you. 
   
   
2. Contract for Sale Review: We examine the vendor’s contract for sale, ensuring it accurately reflects the shareholding structure, occupancy rights, and company obligations. 
   
   
3. Buyer Approval Process: We help you prepare your application to the company’s board. This often includes providing financial information and references. We anticipate potential objections and prepare responses in advance. 
   
   
4. Financing Support: Because company title is considered higher risk, fewer banks will lend. We advise on how to structure the purchase and can refer you to lenders familiar with this property type. 
   
   
5. Settlement and Share Transfer: Instead of registering a title deed, your name must be entered in the company’s share register. We handle all the legal paperwork to ensure you’re properly recorded as the new shareholder with occupancy rights. 

Lean more about Buying and Selling a Business in New South Wales 

Challenges Buyers Face (and How We Solve Them) 

From our experience helping Marrickville and Sydney clients, these are the most common buyer challenges: 

1. Board Rejection 

   • Boards can reject buyers if they believe the person won’t fit with the community or can’t afford ongoing levies. 

   • Our solution: We prepare strong applications, highlighting your financial stability and suitability. 

2. Financing Issues 

   • Some lenders won’t approve loans for company title purchases. 

   • Our solution: We guide you toward lenders who are open to these arrangements. 

3. Restrictive By-Laws 

   • Company constitutions may ban pets, restrict renovations, or prohibit subletting. 

   • Our solution: We review restrictions upfront so there are no surprises after settlement. 

4. Reduced Resale Value 

   • Company title properties sometimes sell for less than strata properties because of buyer hesitancy. 

   • Our solution: We provide honest advice on long-term investment implications. 

Ignoring title issues can create serious obstacles during a property transaction. Discrepancies in ownership records, unresolved encumbrances, or outdated company constitutions can all trigger disputes between parties and cause lengthy sale delays. Buyers may lose confidence, approvals may be withheld, and sellers can face unexpected legal costs. Addressing title issues early — with the guidance of experienced property lawyers — ensures a smoother process and reduces the risk of disputes derailing the sale.

Advantages of Buying Company Title 

Despite the challenges, company title properties can be attractive to buyers: 

• Unique Character – Many are heritage buildings with charm and history. 

• Smaller Communities – Often fewer units than large strata schemes. 

• Tighter Control – Company boards can maintain stricter occupancy standards, appealing to some buyers. 

• Potential Value – Some buyers secure properties below market price due to limited competition. 

Client Story: Securing a Dream Apartment  

One client approached us about buying a company title apartment in Sydney’s Inner West. The building’s constitution restricted subletting and had a rigorous approval process. The board initially raised concerns about the client’s employment type. 

We worked closely with the client to prepare detailed financial evidence, references, and a legal submission addressing the board’s concerns. The board approved the purchase, and the client moved into a heritage apartment they’d long admired.

How CM Lawyers Helps Buyers   

When buying company title, our service includes: 

• Upfront Legal Advice – Explaining risks, obligations, and restrictions. 

• Contract Review – Identifying issues before you commit. 

• Board Approval Assistance – Preparing strong applications. 

• Financing Guidance – Helping navigate lender requirements. 

• Settlement Management – Ensuring smooth transfer of shares and occupancy rights. 

Why Marrickville Residents Trust CM Lawyers    

• Local Expertise – Serving Marrickville and the Inner West for decades. 

• Company Title Specialists – Deep experience in this complex ownership model. 

• Proven Success – We’ve helped countless clients buy safely and confidently. 

• Transparent Fees – Fixed-fee conveyancing options. 

• Full Service – We also assist with selling company title, strata purchases, Wills, and estate planning. 

Final Word: Buy with Confidence 

Buying a company title property in NSW can be rewarding, but it requires careful legal guidance. At CM Lawyers in Marrickville, we ensure you understand the risks and protections, prepare the right documents, and navigate board approvals with ease.