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How do the SMSF rules actually work when buying your own factory?

For the western suburbs business owner who is tired of paying rent to someone else's landlord and wondering if their super fund could own the building instead.

How do the SMSF rules actually work when buying your own factory?

You've been renting a factory somewhere between Truganina and Werribee for a few years now, and every quarter the rent cheque goes out to a landlord who isn't you. You've heard other operators in the west have bought their own premises through their self managed super fund, and now you're asking whether it's your turn.

This is one of the most common questions Fairmont gets from tenants across the western industrial corridor, and it deserves a straight answer, not a sales pitch. Buying business premises through an SMSF can be a genuine option for some operators. It can also be the wrong move for others, depending on the fund, the business, and the property itself. What follows is general information to help you understand the concept before you sit down with the professionals who can actually advise you.

Why this question keeps coming up in the west

Industrial land and factory space across Melbourne's western suburbs has tightened noticeably over recent years, and tenants who once had the upper hand in lease negotiations are now finding landlords calling the shots. Rents have moved, options have shortened, and more business owners are asking whether it makes sense to own the building their operation runs from rather than lease it from somebody else.

Owning your factory through super can align your rent with your retirement, but only if the fund and the property are genuinely suited to each other.

What buying through an SMSF actually means

An SMSF can, under certain conditions, purchase what the rules call business real property, which broadly means land and buildings used wholly for business purposes, such as a factory or warehouse. Your fund would own the property, and your operating business would lease it back at market rent under a proper commercial lease. The fund receives the rent, not you personally, and the property must be run at arm's length exactly as it would be for any unrelated tenant.

This is a heavily regulated area of superannuation law, with strict requirements around the sole purpose test, related party dealings, and how any borrowing inside the fund is structured. Getting it wrong can have serious consequences for your fund's compliance status, so none of this should be treated as a simple property purchase.

Your factory might be the right building. Your SMSF might not be the right buyer for it.

Factors worth weighing up before you go further

1
Business real property testThe property generally needs to be used wholly and exclusively for business, which most standalone factories and warehouses satisfy, but mixed use sites can be more complicated.
2
Market rent lease termsAny lease between your business and your fund needs to reflect genuine market terms, reviewed and documented like any arm's length agreement.
3
Fund liquidityA large property purchase can concentrate a big share of your fund's assets in one illiquid asset, which affects diversification and access to cash for pensions or expenses.
4
Borrowing structureIf the fund needs to borrow to complete the purchase, this involves specific limited recourse borrowing rules that differ from an everyday commercial loan.
5
Long term exit strategyThink about what happens to the property and the lease as you approach retirement, sell the business, or wind up the fund.
6
Property fundamentalsThe building still needs to stack up as sound industrial real estate in its own right, in a location with genuine long term demand.

Where business owners go wrong

Assuming any factory qualifiesNot every industrial property automatically meets the business real property test, particularly if part of the site is used for something outside the core business.
Setting rent to suit cash flow rather than the marketPaying yourself a convenient rent instead of a documented market rent is one of the fastest ways to run into compliance trouble.
Treating the fund like a personal facilityUsing fund owned property or fund cash for anything beyond its proper purpose breaches the rules that keep super separate from personal finances.
Skipping specialist adviceProperty agents, accountants, and financial advisers each play a different role, and trying to handle an SMSF property purchase without all three is a false economy.
Buying the wrong building because the structure feels rightA compliant SMSF purchase of a poorly located or poorly built factory is still a poor property decision.

The Fairmont view, property first, structure second

Fairmont's job is to help you find and secure the right industrial property in the western corridor, whether that's a standalone factory, a warehouse with hardstand, or land for future development. Whether that property should sit inside your SMSF, be owned personally, or held through another structure entirely is a decision for your own accountant, financial adviser, or SMSF specialist, based on your specific circumstances.

This guide is general information only and is not financial, tax, legal or investment advice. Fairmont Property Group is a property agency, not a licensed financial adviser, and nothing here should be relied on as a recommendation about your superannuation or personal finances.

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Manny Singh
Manny Singh
Director (OIEC), Fairmont Property Group

Fairmont only sells and leases industrial property across Melbourne's western corridor and Geelong. That focus is deliberate. It means we know the buyers who are active right now and what they are prepared to pay.

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