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What rules apply when you buy your factory through an SMSF?

For the business owner in Melbourne's west weighing up whether super should own the warehouse they trade from.

What rules apply when you buy your factory through an SMSF?

You run your business out of a warehouse or factory somewhere between Sunshine and Geelong, and someone has mentioned that your self managed super fund could buy it. It sounds neat. Your business pays rent to your own fund instead of a landlord, and your retirement savings grow through an asset you understand better than any share portfolio. The idea is sound. The execution is where most business owners come unstuck, because the rules governing SMSFs and industrial property are specific, strict, and not something to guess your way through.

This guide is general information only. It is not financial, tax or legal advice, and Fairmont Property Group is a property agency, not a licensed financial adviser. Everything below is written to help you ask the right questions of your accountant, financial adviser or SMSF specialist before you act.

Why industrial property suits SMSFs in the first place

Industrial assets like warehouses, factories and storage facilities have become a genuine area of focus for SMSF trustees, partly because a fund can lease the property to a related party business under certain conditions, something that is generally not allowed with residential property. Industrial premises also tend to have longer lease terms and lower ongoing maintenance than other commercial types, which suits the long term nature of superannuation.

An industrial property bought through the wrong structure can create more problems for a business owner than it solves.

The rules that actually matter

1
Business real property exceptionA fund can lease a property to a related party business only if the property qualifies as business real property, meaning it is used wholly and exclusively for business purposes.
2
Sole purpose testEvery decision the fund makes about the property must be for the purpose of providing retirement benefits, not for the convenience of the business.
3
Arm's length lease termsRent, lease length and terms must reflect what an unrelated tenant would pay, documented in a proper lease agreement.
4
In house asset limitsEven where the business real property exception applies, trustees need to understand how the asset is treated within the fund's overall investment mix.
5
Limited recourse borrowing arrangementsIf the fund needs to borrow to buy the property, strict rules govern how that loan is structured and what the lender can claim against.

Mistakes business owners make

Assuming any warehouse qualifiesNot every industrial property meets the business real property test, particularly if it includes a residential component or mixed use.
Paying below market rent to your own businessThis is one of the fastest ways to breach the sole purpose test and attract ATO attention.
Skipping a formal leaseA handshake arrangement between your business and your own fund is not good enough. Documentation needs to be commercial and arm's length.
Structuring the purchase without specialist adviceSMSF borrowing arrangements are technical, and getting them wrong can be costly to unwind.

Super can own your warehouse. It cannot own your convenience.

Borrowing inside your fund

If your SMSF does not hold enough cash to buy outright, it may be able to borrow using a limited recourse borrowing arrangement. In simple terms, this limits the lender's rights to the specific property if things go wrong, protecting the fund's other assets. These arrangements come with their own compliance requirements and are not something to set up without a specialist who works in this space regularly.

What this means across the western corridor

Demand for industrial property in Melbourne's west and the Geelong corridor has remained strong, with vacancy consistently tight across the region. For a business owner whose fund may eventually own the property they trade from, understanding the local market fundamentals matters just as much as understanding the compliance rules.

The right property and the right structure are two separate decisions, and both need to be right.

Getting the property side right is where Fairmont can help. Getting the SMSF structure right is a conversation for your accountant or SMSF specialist, and it is one worth having before you fall in love with a particular address.

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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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