Real Estate and Development
Practice Area Lead: Debbie Bellinger
Real estate and development projects involve complex legal, financial, and regulatory considerations. Nelligan Law’s Real Estate & Development Group provides comprehensive support across every stage of a property’s lifecycle from land assembly and financing, to approvals, construction, operation, and disposition.
Our team has extensive experience acting for developers, lenders, municipalities, condominium corporations, commercial landlords and tenants, homebuyers, and institutional property owners. The breadth of our practice allows us to identify risks early, propose practical solutions, and help clients move their projects forward in a way that is both efficient and legally sound.
We have acted on many of Eastern Ontario’s most significant mixed-use, commercial, industrial, and residential projects, including some of the largest and most complex integrated developments in the province. Our lawyers are frequently called upon to advise on specialized issues involving shared property, condominium governance, Tarion matters, municipal approvals, and land use planning disputes.
Real estate projects are multidisciplinary by nature. Our team integrates legal expertise across:
- Real estate transactions
- Condominium development and governance
- Municipal and land use planning law
- Environmental due diligence
- Commercial leasing
- Construction law
- Real estate financing
This structure ensures clients receive coordinated, technically accurate guidance from lawyers who understand how each component fits into the broader development process.
We also collaborate closely with our commercial litigation team when issues escalate to disputes, ensuring consistent representation that is grounded in a thorough understanding of the underlying real estate context.
How we support
Financing structures shape the viability and long-term success of development projects. We act for lenders, borrowers, and financial institutions in a wide range of commercial real estate financing transactions, including those requiring specialized security or multi-layered arrangements.
Our financing work includes:
- Structuring and negotiating commercial loan transactions
- Reviewing commitment terms and advising on lender conditions
- Preparing and registering security packages
- Conducting due diligence on title, environmental matters, and corporate authority
- Advising on priority issues and intercreditor arrangements
- Land servicing and subdivision financing
- Construction financing, including multi-phase developments
- Condominium construction and development loans
- Mortgage defeasance and restructuring transactions
Our team understand both the legal and commercial pressures that influence financing decisions. We work closely with project teams to align financing structures with development timelines, regulatory requirements, and long-term ownership objectives.
Our Commercial Leasing group advises landlords and tenants involved in multi-tenant and mixed-use office, retail, and industrial properties throughout Ottawa and Eastern Ontario.
Our services include:
- Drafting, reviewing, and negotiating commercial leases for property owners and tenants
- Lease audits for landlords
- Lease renewals and fair market rent arbitrations
- Lease reviews related to the acquisition and financing of commercial properties
- Preparation and review of ancillary documents, including amending agreements, lease assignments, subleases, tenant estoppel certificates, and other related materials
- Advice on lease terminations, distraint, and other landlord–tenant remedies
- Leasing support for condominium developments, including mixed-use residential/commercial buildings
We also assist with complex leasing structures, such as ground leases, solar and alternative energy facility leases, strata arrangements, and leases involving joint venture agreements.
Our team draws on practical experience in commercial real estate to help clients navigate leasing issues efficiently. When disputes arise, we work to identify practical solutions and resolve matters early. Where issues cannot be settled, our commercial litigation lawyers handle leasing-related disputes and default situations.
Our combined experience in commercial real estate and development enables us to provide integrated support for a range of leasing matters.
The members of our Real Estate and Development group have extensive experience in the acquisition, financing, development, and sale of real property. Our work spans all sectors of Ottawa’s real estate market and includes projects across Ontario, including Toronto. We bring a collaborative approach to client service and apply our collective knowledge to support clients through a wide range of real estate matters.
We also work closely with our commercial leasing team, which supports landlords and tenants involved in multi-tenant and mixed-use office, retail, and industrial properties in Ottawa and Eastern Ontario.
Our group has significant experience with condominium matters, including new condominium developments, existing condominium governance, conversions, and other forms of multi-unit housing. This includes mixed-use residential and commercial projects.
Through long-standing involvement in the local real estate community, we maintain strong working relationships with other real estate practitioners and industry professionals. These include institutional and private lenders, urban planners, appraisers, engineers, architects, surveyors, insurers, and real estate brokers and agents. These connections support our ability to assist clients effectively and efficiently.
Nelligan Law is a member of the Greater Ottawa Home Builders’ Association, BOMA, and the Canadian Condominium Institute.
Our Municipal and Land Use Planning group provides legal guidance on zoning, development approvals, and municipal processes across Ontario. We assist property owners, developers, municipalities, Indigenous communities, consultants, and institutions with navigating planning frameworks and advancing development projects.
We support clients from early feasibility reviews through to regulatory approvals, development agreements, and appeals. Our work includes:
- Zoning and Land Use: due diligence, rezoning and variance applications, site plan control, subdivision approvals, and special use permissions.
- Development Agreements: negotiation, drafting, and amendments to agreements related to infrastructure, conditions of approval, and development obligations.
- Advocacy and Appeals: representation before municipal councils, committees of adjustment, and the Ontario Land Tribunal on zoning disputes, bylaw matters, and planning appeals.
With experience across Ontario’s municipal and provincial planning regimes, we help clients address issues efficiently and move projects forward.
In addition to our commercial real estate and development work, we help clients with a full range of residential real estate transactions. Whether you are buying, selling, refinancing, or preparing an agreement, our fixed-fee services provide transparency and peace of mind for your situation.
Residential Purchase
$2,500.00 plus title search, land transfer tax, and HST
Includes:
- Review of the agreement of purchase and sale
- Coordination with your real estate agent regarding conditions
- Review of the mortgage commitment letter and communication with your lender
- Title and off-title searches
- Preparation and execution of closing documents
- Notification to the City regarding the change in ownership
Residential Condominium Purchase
$2,900.00 plus land transfer tax and HST
Includes all services provided for a standard residential purchase, plus:
- Review of the condominium status certificate
- Identification of any financial, legal, or governance concerns
- Full handling of the transaction from agreement review to closing
Residential Sale
$1,750.00 plus HST
Includes:
- Review of the agreement of purchase and sale
- Coordination with your agent regarding conditions and commission
- Communication with your lender regarding mortgage payout
- Preparation and execution of closing documents
- Notification to the City regarding the change in ownership
Drafting an Agreement of Purchase and Sale
$1,250.00 plus HST
Includes:
- Drafting of the agreement, including purchase price, deposit, and conditions
- Advice on timelines and closing schedules
- Coordination with the other party’s legal counsel, if required
Residential Refinance
$2,500.00 plus HST
Includes:
- Review of the mortgage commitment letter
- Coordination of debt payouts
- Title and off-title searches
- Preparation and execution of closing documents
- Registration of all security
- Communication with your lender to ensure timely funding
Additional services we provide
- survey and boundary issues; title disputes, neighbour disputes
- encroachment issues (new and existing construction, right to encroach in undertaking repairs)
- easements – registered and unregistered
- title by adverse possession
- zoning, legality and expansion of existing use
- building code compliance issues for both new and existing construction
- registered and unregistered claims against title
- errors in legal descriptions
- Land Registry Office issues
- environmental hazards and clean-up obligations
- shared private services
- liens against title and construction liens
- indigenous land claims
- shared driveways, rights of way and access; private approach by-laws and driveways; parking restrictions
- creation and management of integrated shared property
- access issues (i.e. rights-of-way)
- building restrictions (i.e. restrictive covenants)
- fence construction or removal (boundary location)
- errors on title
- building deficiency claims
- Ontario New Home Warranty Program issues
