Friday 29th April 2022 from 9am

Wills & Estates Senior Associate Debbie Sage will join Robyn Hyland to talk about the importance of planning for end-of-life care and what options are available.

New laws for NSW off-the-plan property contracts from 1 December 2019 – Property & Commercial Law


New laws will affect all contracts entered into from December 1, 2019, for off-the-plan properties in NSW, writes Licenced Conveyancer, Rachel Godden.

Changes have been made to legislation Conveyancing Legislation (Amendment) Act 2018 and Conveyancing (Sale of Land) Amendment Regulation 2019. From December 1, 2019, Vendors will have extra disclosure obligations to give purchasers stronger protection when buying property off-the-plan. If you are buying a property in NSW, it is critical you seek the help of an experienced lawyer to ensure the Vendor adheres to their new legal obligations.

In summary, new laws for off-the-plan purchasing will require:

  • New disclosure requirements: Disclosure Statement and draft documents to be attached to the contract
  • Vendors to notify changes to ‘material particulars’
  • Purchasers can rescind or claim compensation for some changes to material particulars
  • 10-Business-Day cooling-off period for off-the-plan contracts
  • Purchaser to be given registered plans 21 days before settlement
  • Deposit to be held in trust

Disclosure statement

Vendors will be required to attach a Disclosure Statement to the contract that provides

  • Key information including sunset dates and conditions
  • A copy of the draft plan prepared by a registered surveyor including proposed lot numbering, area, parking and storage area
  • Proposed easements, restrictions or positive covenants 88B instruments; draft by-laws affecting the property

If the Disclosure Statement and statutory documents are not attached to the contract. the purchaser has 14 days from the date of the contract to rescind.

Vendors to notify changes to ‘material particulars

A Vendor must notify a purchaser of any changes made that will adversely affect the use or enjoyment of the lot including changes to:

  • The draft plan
  • By-laws
  • Schedule of finishes
  • Easements or covenants
  • A strata management statement or building management statement
  • A management statement for a community, precinct or neighbourhood scheme
  • A development contract or strata development contract.

RELATED: Buying or Selling Property – Don’t Risk Your Biggest Investment

RELATED: Off the Plan Property – What You Need to Check Before You Buy

Purchasers can rescind or claim compensation for some changes to material particulars

A purchaser must show that they would not have entered into the proposed contract and that they are materially prejudiced by the changes to be able to rescind the contract. Rather than rescinding the contract, the purchaser may claim compensation (up to 2% of the purchase price) for the change. A purchaser must within 14 days of being notified of the change of material particular, exercise their rights to either rescind or claim compensation.

10-Business-Day cooling-off period for off-the-plan contracts

The cooling-off period for an off the plan contract will be extended from 5 to 10 business days.

Purchaser to be given 21 day settlement from registration of plan

A purchaser has 21 days to settle once they have been provided with the final registered plan and associated documents. A purchaser does not have to settle within the 21 days period.

Deposit to be held in trust

Any money paid under the contract from 1 December 2019 must be held in the stakeholder’s trust account and is not to be released to the Vendor. This is to protect the purchaser’s payment in the developer become insolvent.

Stronger sunset clause protections

The sunset clause definition will also include events such as the issuing of an occupation certificate and not just the registration of the plan. The buyer is able to rescind the contract should these events not occur by a certain date.

How Attwood Marshall Lawyers can help

Some cheap conveyancers will invariably not be aware of the legislative changes. Get someone who is a professional and knows what they are doing to act for you, safe in the knowledge they have the experience to protect your investment. Use the Attwood Marshall Lawyers Fress Conveyancing Planner APP to plan your transaction.


Yes you read correctly!  Our property team can turnaround a request for a soft copy of a Contract for NSW sales within 1 hour of receiving a properly completed listing authority and confirmation of instructions/payment from the vendors.  As you know, a Zoning Certificate and Sewerage Diagram can take up to 4 days to properly complete the Contract, but we will get you the shell Contract, Special Conditions, Title Search and Plan etc. emailed to you within 1 hour of receipt of the above.

Contact: Property and Commercial Department Manager and Senior Conveyancing Paralegal Jessica Kimpton on and mark the email as urgent.
Probably best to call Jessica on her direct line 07 5506 8214 to let her know it’s coming through so that we can get on to the client in advance and confirm the instructions.

Our fixed fee charges for preparation of a Sale Contract are $595.00 including GST for a house and $695.00 including GST for a unit (this is subject to confirmation of the Strata Plan search fees which may vary depending on the particular Strata Plan).

*Note this offer does not extend to rural properties or sales where complicated Special Conditions are required.

Attwood Marshall Lawyers experienced team can help you to protect your investment with professional conveyancing and property law services. Contact Property and Commercial Department Manager Jessica Kimpton on 07 5506 8214 or email today.

Share this article

Jess Kimpton - Department Manager - Property & Commercial Attwood Marshall lawyers

Jess Kimpton

Department Manager
Property & Commercial

Contact the author

The contents of this article are considered accurate as at the date of publication. The information contained in this article does not constitute legal advice and is of a general nature only. Readers should seek legal advice about their specific circumstances. 

Brisbane Employment Law

Employment Law Sydney

Gold Coast Employment Law

Defamation Law

Employment Law

Download a Brochure

Please enter your details below and
a link will be emailed to you
Download Form

Compensation Law

Select your state