Selling property in NSW: what sellers need to do, step by step
Key facts
| Fact | Detail | Source |
|---|---|---|
| Contract before marketing | The contract for sale must be prepared before a residential property is advertised or offered for sale | Sales contracts: requirements for property agents |
| Prescribed documents | Title search, registered plan and dealings, drainage diagram (if available) and section 10.7 planning certificate; the contract must also include the prescribed cooling-off notice | Steps to selling a property |
| Missing documents | The buyer may rescind by written notice within 14 days after the contract is made, unless it has been completed | The sale process |
| Swimming pool or spa | Attach a certificate of compliance, an occupation certificate under 3 years old plus registration, or a certificate of non-compliance | The sale process |
| ATO clearance certificate | Needed for contracts of any value entered into from 1 January 2025; without one the buyer must withhold 15% of the price | Foreign resident capital gains withholding overview |
| Agency agreement cooling-off | Ends 5pm on the next business day or Saturday after you sign | Agency agreements for the sale of property in NSW |
| Selling a tenanted property | At least 30 days' notice after exchange of a contract requiring vacant possession, or 60 or 90 days when preparing a sale; for a fixed-term lease, the notice cannot end the tenancy before the fixed term ends | Landlord ending a tenancy |
| New cooling-off notice | Mandatory for residential contracts and options exchanged from 1 June 2026 | Summary of main changes made in the Contract for the sale and purchase of land 2026 edition |
What are the steps to sell a property in NSW?
Selling a property in NSW follows a set order: get the contract and documents ready, appoint an agent, market the property, exchange contracts, then settle. The table shows each stage and its main legal rule.
| Stage | What happens | Key NSW rule |
|---|---|---|
| 1. Prepare the contract | A solicitor or a licensed conveyancer prepares the contract and obtains the title search, plan, drainage diagram and section 10.7 certificate. | The contract must be ready before a residential property is advertised or offered for sale. |
| 2. Apply for an ATO clearance certificate | Each seller applies online to the Australian Taxation Office (ATO). | Processing can take up to 28 days. The certificate is valid for 12 months from issue. |
| 3. Appoint an agent | You sign a sales agency agreement after receiving the approved guide to agency agreements. | Your cooling-off period ends 5pm on the next business day or Saturday after signing. |
| 4. Market the property | The agent has the proposed contract available for inspection and discloses prescribed material facts to buyers. | The first stage of the 2026 agent conduct and underquoting reforms began on 29 June 2026. |
| 5. Exchange contracts | Signed contracts are swapped and the buyer pays the deposit, usually 10% of the price. | In a private sale the buyer usually has a 5 business day cooling-off period. There is none at auction. |
| 6. Prepare for settlement | Give the buyer your clearance certificate, arrange your mortgage payout and give any tenant the required notice. | Revenue NSW says to provide a current land tax clearance certificate at least 14 days before settlement. |
| 7. Settle | Settlement happens electronically. Your lender is repaid and the mortgage is removed from the title. | Under the standard contract, completion is due on the 42nd day after the contract date unless agreed otherwise. |
Sources: Sales contracts: requirements for property agents; Australian residents and clearance certificates; Agency agreements for the sale of property in NSW; Changes to property and stock agents laws; Making an offer on a property; Contracts and deposits when buying property in NSW; Understand land tax clearance; Contract for the sale and purchase of land 2026 edition (sample)
What must be ready before you advertise your property?
Your contract for sale must be prepared before a residential property is advertised or offered for sale. Your solicitor or licensed conveyancer prepares it for you.
Your agent must have a copy of the proposed contract, without the buyer's details and the price, available for inspection. The documents required by section 52A of the Conveyancing Act 1919 (NSW) must be available with it.
Gathering these documents takes time, so instruct your solicitor or conveyancer when you start talking to agents. Apply for your ATO clearance certificate at the same stage.
Sources: Sales contracts: requirements for property agents; Steps to selling a property; Australian residents and clearance certificates
What documents must be attached to a NSW contract for sale?
A NSW contract for sale must attach the prescribed documents listed in Schedule 1 of the Conveyancing (Sale of Land) Regulation 2022. Separately, section 66X of the Conveyancing Act 1919 requires every contract for the sale of residential property to include a statement about the cooling-off period in the prescribed form (the cooling-off notice).
For a house, the prescribed documents include:
- a property certificate (title search) for the land
- the registered plan, and the dealings recorded on the title, such as easements and covenants
- a sewer or drainage diagram, where one is available in the ordinary course from the sewerage authority
- a current planning certificate under section 10.7 of the Environmental Planning and Assessment Act 1979 from the local council
- a swimming pool certificate, if the property has a pool or spa (see below).
Sources: Conveyancing (Sale of Land) Regulation 2022; Conveyancing Act 1919 (NSW), section 66X: Contract to contain statement regarding cooling off period; Steps to selling a property; The sale process
What does the section 10.7 certificate show, and what else must the contract include?
The section 10.7 planning certificate (formerly a section 149 certificate) shows the property's zoning and constraints such as flooding, bushfire and road widening. It comes from the local council: for most Baulkham Hills properties, that is The Hills Shire Council.
The contract must also include the standard loose-fill asbestos insulation warning. It tells buyers to search the Loose-Fill Asbestos Insulation Register and contact the council. The section 10.7 certificate shows whether the property is on that register.
Selling a strata unit? Extra prescribed documents apply, including the strata plan and the by-laws in force. Your solicitor or conveyancer will check the full list for your scheme.
Residential contracts and options exchanged from 1 June 2026 must include the new prescribed cooling-off notice introduced by the Conveyancing and Real Property Amendment Act 2025. The Law Society of NSW and REINSW 2026 edition of the standard contract contains it. The 2022 edition was withdrawn from sale on 13 March 2026.
If prescribed documents are not attached, the buyer may rescind the contract by written notice within 14 days after the contract is made, unless the contract has been completed. A buyer may also rescind if a prescribed vendor warranty is breached (section 52A(2)(b) of the Conveyancing Act 1919). If the cooling-off notice is missing, the buyer may instead rescind at any time before completion, without the usual 0.25% forfeit (section 66X).
Sources: Conveyancing (Sale of Land) Regulation 2022; Steps to selling a property; Loose-fill asbestos insulation laws; Summary of main changes made in the Contract for the sale and purchase of land 2026 edition; Guidance for practitioners; The sale process; Conveyancing Act 1919 (NSW), section 66X: Contract to contain statement regarding cooling off period
Do you need a pool certificate to sell a house in NSW?
Yes, in most cases. Since 29 April 2016, if the property has a swimming pool or spa, the contract must attach one of the three documents listed below.
The rule does not apply to lots in strata or community schemes with more than two lots, or to off-the-plan contracts.
If you attach a certificate of non-compliance, the buyer generally has 90 days after settlement to fix the listed problems and get a certificate of compliance. Check the current requirements with the NSW Swimming Pool Register or your council before relying on this.
The three options are:
- a valid certificate of compliance
- a relevant occupation certificate issued within the past 3 years, plus evidence that the pool is registered
- a valid certificate of non-compliance.
Sources: The sale process; Information: NSW Swimming Pool Register
Can you cool off after signing an agency agreement, and what must agents disclose?
Yes. For a residential sales agency agreement, your cooling-off period ends at 5pm on the next business day or Saturday after you sign. The agent must give you the approved guide, Agency agreements for the sale of residential property, before you sign. You can waive the cooling-off period only if the agent gave you the unsigned agreement and the guide at least 1 business day before you signed (a Saturday does not count as a business day) and you sign the approved waiver form.
Your agent must also disclose prescribed material facts to buyers. An agent must not fail to disclose a prescribed material fact they know or ought reasonably to know. Fair Trading's guidance says reasonable steps include, at a minimum, asking the owner, so expect your agent to ask you and answer accurately.
New agent rules also apply. The Property and Stock Agents Amendment (Underquoting and Other Agent Conduct) Act 2026 received assent on 29 June 2026, and its first stage commenced that day. It raised maximum penalties for some agent offences, such as dummy bidding, and gave NSW Fair Trading new disciplinary powers, including power to require an independent valuer or the licensee-in-charge to verify an agent's estimated selling price.
The 2026 Act will also require agents selling residential property to prepare a Statement of Information in a Fair Trading approved form, including comparable sales. As at 4 October 2026, this requirement had not commenced.
Clause 60 of the Property and Stock Agents Regulation 2022 sets out the prescribed material facts, which in summary are:
- flooding from a natural weather event, or bush fire, within the last 5 years
- significant health or safety risks
- listing on the Loose-Fill Asbestos Insulation Register
- the property being the scene of a murder or manslaughter within the last 5 years
- use for the manufacture, cultivation or supply of a prohibited drug or plant within the last 2 years
- external combustible cladding on the building that is subject to a fire safety order or building product rectification order (or a notice of intention to issue one)
- the building being the subject of a development application or complying development certificate application to rectify external combustible cladding
- a building work rectification order or prohibition order under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 being in force for the property.
Sources: Agency agreements for the sale of property in NSW; Consumer guide: cooling-off period for residential or rural agency agreements; Misrepresentation: guidance for property agents; Property and Stock Agents Regulation 2022, clause 60: Misrepresentation by failing to disclose material facts; Changes to property and stock agents laws
What tax clearances does a NSW seller need?
Every Australian-resident seller needs an ATO clearance certificate. A seller of residential property must also tell the buyer in writing whether GST withholding applies (the standard contract includes this notice), and Revenue NSW says the seller should provide a current land tax clearance certificate at least 14 days before settlement.
Before 1 January 2025, the foreign resident capital gains withholding rate was 12.5% and there was a $750,000 threshold, so sellers of lower-value property did not need a clearance certificate. Now every Australian-resident seller does, whatever the price.
The clearance certificate application is free and made online. Because processing can take up to 28 days, the ATO advises applying as soon as you decide to sell. If you are not an Australian resident for tax purposes, get tax advice early.
The table sets out what each document does.
| Document | Why it matters | Key rule |
|---|---|---|
| ATO clearance certificate | For contracts entered into from 1 January 2025, foreign resident capital gains withholding is 15% with no property-value threshold. Without a certificate, the buyer must withhold 15% of the price at settlement and pay it to the ATO. | Each seller needs their own. It is valid for 12 months from issue, and processing can take up to 28 days. |
| GST withholding notice | Every seller of residential premises or potential residential land must give this notice, usually in the contract. Withholding applies only to taxable sales of new residential premises or potential residential land. | The seller must tell the buyer in writing whether withholding applies. If it does, the buyer pays 1/11th of the price (or 7% under the margin scheme) to the ATO at settlement. |
| Land tax clearance certificate (section 47, Land Tax Management Act 1956) | Unpaid land tax is a first charge on the land, so the certificate protects the buyer. | Revenue NSW says the seller should provide a current certificate at least 14 days before settlement. |
Sources: Foreign resident capital gains withholding overview; Australian residents and clearance certificates; GST at settlement: a guide for purchasers and their representatives; GST at settlement: a guide for suppliers and their representatives; Understand land tax clearance
Can you sell a property with tenants in it?
Yes, but if you need the property vacant you must follow the tenancy rules. Since 19 May 2025, NSW landlords need a prescribed reason to end a residential tenancy, and this applies to all existing tenancies.
For a fixed-term lease, neither notice can end the tenancy before the fixed term ends. The termination date must be on or after the last day of the fixed term, and at least the minimum notice period after the notice is given. A notice given to prepare a sale must come with supporting documents, such as the proposed contract for sale or a copy of the agency agreement. Make sure the contract's vacant possession date allows for this, and talk to your solicitor or conveyancer and your managing agent before you serve a notice.
Selling the property can be a prescribed reason. The minimum notice periods are:
| Situation | Minimum notice |
|---|---|
| Contract exchanged and it requires vacant possession | 30 days, with supporting documents such as a partial copy of the contract |
| Preparing to sell with vacant possession: fixed-term lease of 6 months or less | 60 days |
| Preparing to sell with vacant possession: fixed-term lease of more than 6 months, or a periodic lease | 90 days |
Sources: Landlord ending a tenancy; Minimum notice periods for ending a residential tenancy
What happens at exchange and settlement when you sell?
Sellers do not get a cooling-off period, so once contracts are exchanged you are bound by the contract. In a private sale of residential property, the buyer usually has 5 business days to cool off, ending at 5pm on the fifth business day after exchange. A buyer who rescinds forfeits 0.25% of the price to you.
There is no cooling-off period for an auction sale, or where contracts are exchanged on auction day after the property is passed in. Cooling-off can also be waived or shortened if the buyer's solicitor or licensed conveyancer gives you a section 66W certificate. A deposit of 10% is usual, though a lower amount can be agreed.
Under the standard contract, completion is due on the 42nd day after the contract date unless the parties agree otherwise. Since 11 October 2021, NSW land dealings must be lodged electronically through an Electronic Lodgment Network, and paper certificates of title were cancelled.
If you have a mortgage, your solicitor or conveyancer gets the payout figure from your lender, and you normally sign the lender's discharge authority. At settlement the lender is repaid and lodges the discharge of mortgage electronically to remove it from the title.
Sources: Steps to selling a property; Contracts and deposits when buying property in NSW; Making an offer on a property; Contract for the sale and purchase of land 2026 edition (sample); 100% eConveyancing in NSW; How do I discharge a mortgage?
How a conveyancing solicitor can help
Baulkham Hills Conveyancing can prepare your contract and gather the prescribed documents before marketing starts, explain your pool, tenancy and tax clearance requirements, and coordinate exchange and settlement with the buyer's representative and your lender. Send us your property details, or call (02) 9000 1408.
Frequently asked questions
Can I advertise my house for sale before the contract is ready in NSW?
No. In NSW the contract for sale must be prepared before a residential property is advertised or offered for sale. Your agent must have a copy of the proposed contract, and the documents required by section 52A of the Conveyancing Act 1919, available for inspection. Instruct a solicitor or a licensed conveyancer early so the contract is ready when marketing begins.
Does the seller get a cooling-off period in NSW?
No. Once contracts are exchanged, the seller is bound. In a private sale of residential property, the buyer usually has a 5 business day cooling-off period, ending at 5pm on the fifth business day after exchange. If the buyer rescinds, they forfeit 0.25% of the price to the seller. There is no cooling-off period for auction sales.
How long does an ATO clearance certificate take?
Processing can take up to 28 days, so the ATO advises applying as soon as you decide to sell. The application is free and made online. Each seller needs their own certificate, and it is valid for 12 months from issue. Without one, the buyer must withhold 15% of the price at settlement and pay it to the ATO.
Who issues the section 10.7 certificate for a Baulkham Hills property?
The local council issues it. For most Baulkham Hills properties that is The Hills Shire Council. The certificate shows the zoning and constraints such as flooding, bushfire and road widening, and whether the property is on the Loose-Fill Asbestos Insulation Register. A current section 10.7 certificate must be attached to the contract for sale.
Do I have to fix my pool before I sell?
Not necessarily. The contract must attach a valid certificate of compliance, a relevant occupation certificate issued within the past 3 years plus evidence of registration, or a valid certificate of non-compliance. If a certificate of non-compliance is attached, the buyer generally has 90 days after settlement to fix the problems and get a certificate of compliance. Check the current requirements with the NSW Swimming Pool Register.
Can I sell my investment property with tenants living there?
Yes. If you need vacant possession, you must have a prescribed reason to end the tenancy, a rule that has applied to all NSW tenancies since 19 May 2025. After exchanging a contract that requires vacant possession, you must give at least 30 days' notice. To prepare a sale with vacant possession, you must give at least 60 or 90 days' notice, depending on the lease, with supporting documents such as the agency agreement. If the lease is for a fixed term, neither notice can end the tenancy before the fixed term ends.
What happens to my mortgage when I sell?
It is paid out at settlement. Your solicitor or conveyancer gets the payout figure from your lender, and you normally sign the lender's discharge authority. The lender then lodges the discharge of mortgage electronically with NSW Land Registry Services to remove it from the title. Lender processing times vary, so let your lender know about the sale early.
Do I need a land tax clearance certificate to sell?
Revenue NSW says the seller should provide a current land tax clearance certificate at least 14 days before settlement. The certificate, issued under section 47 of the Land Tax Management Act 1956, protects the buyer. Unpaid land tax is a first charge on the land, so without a clearance the buyer could be exposed to the seller's unpaid land tax.
Sources
- Sales contracts: requirements for property agents – NSW Government (NSW Fair Trading)
- Steps to selling a property – NSW Government (NSW Fair Trading)
- Conveyancing (Sale of Land) Regulation 2022 – NSW Legislation
- The sale process – NSW Fair Trading
- Conveyancing Act 1919 (NSW), section 66X: Contract to contain statement regarding cooling off period – AustLII (NSW Consolidated Acts)
- Information: NSW Swimming Pool Register – NSW Government
- Loose-fill asbestos insulation laws – NSW Government
- Summary of main changes made in the Contract for the sale and purchase of land 2026 edition – The Law Society of NSW
- Contract for the sale and purchase of land 2026 edition (sample) – The Law Society of NSW
- Guidance for practitioners – NSW Registrar General
- Agency agreements for the sale of property in NSW – NSW Fair Trading
- Consumer guide: cooling-off period for residential or rural agency agreements – NSW Government (NSW Fair Trading)
- Misrepresentation: guidance for property agents – NSW Government (NSW Fair Trading)
- Property and Stock Agents Regulation 2022, clause 60: Misrepresentation by failing to disclose material facts – AustLII (NSW Consolidated Regulations)
- Changes to property and stock agents laws – NSW Government (NSW Fair Trading)
- Foreign resident capital gains withholding overview – Australian Taxation Office
- Australian residents and clearance certificates – Australian Taxation Office
- GST at settlement: a guide for purchasers and their representatives – Australian Taxation Office
- GST at settlement: a guide for suppliers and their representatives – Australian Taxation Office
- Understand land tax clearance – Revenue NSW
- Landlord ending a tenancy – NSW Government (NSW Fair Trading)
- Minimum notice periods for ending a residential tenancy – NSW Government (NSW Fair Trading)
- Contracts and deposits when buying property in NSW – NSW Government (NSW Fair Trading)
- Making an offer on a property – NSW Government (NSW Fair Trading)
- 100% eConveyancing in NSW – NSW Registrar General
- How do I discharge a mortgage? – NSW Land Registry Services (Registrar General's Guidelines)
Related pages
Related services
Related guides
- The conveyancing process in NSW, step by step
- How long does settlement take in NSW and what happens on settlement day?
- The cooling-off period in NSW: how it works for property buyers
- Section 66W certificates in NSW: what buyers give up and what to check first
- Conveyancing fees in NSW: what a quote usually includes
Local pages
This guide is general information about New South Wales law as at 4 October 2026, not legal advice for your circumstances. Laws, thresholds and government fees change; check the official sources listed and contact us for advice about your matter.
Talk to us about your matter: call (02) 9000 1408, email info@baulkhamhillsconveyancing.com.au or request a quote online.