# Baulkham Hills Conveyancing: full reference > Baulkham Hills Conveyancing is a licensed NSW solicitor practice in Norwest, Sydney, led by principal solicitor Jacob Bozdas. It acts for buyers, sellers and investors on residential and commercial property matters in New South Wales, Australia: contract review, conveyancing and settlement. Content last updated: 2026-10-04 (4 October 2026) Website: https://baulkhamhillsconveyancing.com.au/ Information on this website is general information about New South Wales property law. It is not legal advice for a particular matter. ## About the practice - Name: Baulkham Hills Conveyancing - Type: Licensed NSW solicitor practice (a law practice) - Principal: Jacob Bozdas, Practice Principal (principal solicitor) - Office: Suite 207, 11 Solent Circuit, Norwest NSW 2153, Australia - Phone: (02) 9000 1408 (international +61 2 9000 1408) - Email: info@baulkhamhillsconveyancing.com.au - Website: https://baulkhamhillsconveyancing.com.au/ - Jurisdiction: New South Wales, Australia - Local pages: 25 areas in Sydney (listed under Locations) - Profiles: https://www.google.com/maps/place/Baulkham+Hills+Conveyancing/, https://www.linkedin.com/company/baulkham-hills-conveyancing/, https://lawpath.com.au/profile/baulkham-hills-conveyancing Practitioners: - Jacob Bozdas, Practice Principal: https://baulkhamhillsconveyancing.com.au/about-expertise#jacob-bozdas - Practice areas: Commercial Conveyancing, Residential Conveyancing, Contract Review - Service areas: Baulkham Hills, Norwest, Greater Sydney, New South Wales - [About the practice](https://baulkhamhillsconveyancing.com.au/about-expertise): The principal solicitor, the services and the areas covered. - [What happens after you engage us](https://baulkhamhillsconveyancing.com.au/process-timeline): The usual stages of a NSW conveyancing matter, from onboarding to settlement. - [All conveyancing services](https://baulkhamhillsconveyancing.com.au/services) - [All areas we serve](https://baulkhamhillsconveyancing.com.au/locations) - [Articles](https://baulkhamhillsconveyancing.com.au/blog): Articles on NSW conveyancing (published articles are listed in the sitemaps and the RSS feed). - [Contact](https://baulkhamhillsconveyancing.com.au/): Phone (02) 9000 1408, email info@baulkhamhillsconveyancing.com.au, or use the enquiry form on the home page. - [Privacy policy](https://baulkhamhillsconveyancing.com.au/privacy) and [terms of use](https://baulkhamhillsconveyancing.com.au/terms) ## Services ### Residential Property Conveyancing URL: https://baulkhamhillsconveyancing.com.au/services/residential-property-conveyancing Conveyancing for buying or selling a home, apartment or residential investment property anywhere in NSW. The legal work on a residential purchase or sale in NSW, from the contract through exchange to electronic settlement and registration. It is for home buyers, home sellers and residential investors in New South Wales. - Includes: Contract review and advice; Title, planning and other property searches; Electronic settlement and registration - Where available: Throughout NSW, from our office in Norwest. - Costs: not published. The practice gives a written quote that sets out professional fees and expected disbursements before it is engaged. - Timing: set by the contract, and confirmed with the client at the start of the matter. ### First Home Buyer Conveyancing URL: https://baulkhamhillsconveyancing.com.au/services/first-home-buyer-conveyancing Contract review, First Home Buyers Assistance Scheme checks and settlement for people buying their first home in NSW. Conveyancing for a first NSW purchase: contract review before exchange, transfer duty concession checks, searches, lender coordination and electronic settlement. It is for first home buyers purchasing an existing home, a new home or vacant land in New South Wales. - Includes: Contract review and advice before exchange; First Home Buyers Assistance Scheme eligibility check; Electronic settlement and registration in your name - Where available: Throughout NSW, including the Hills District and the north-west growth suburbs. - Costs: not published. The practice gives a written quote that sets out professional fees and expected disbursements before it is engaged. - Timing: set by the contract, and confirmed with the client at the start of the matter. ### Conveyancing for Sellers URL: https://baulkhamhillsconveyancing.com.au/services/selling-property-conveyancing Contract for sale preparation, buyer enquiries, mortgage discharge and settlement for people selling property in NSW. Seller conveyancing: preparing the contract for sale before marketing, dealing with the buyer's representative, and completing settlement and the discharge of your mortgage. It is for home owners, investors and executors selling residential property in New South Wales. - Includes: Contract for sale with the prescribed documents attached; Responses to the buyer's requests and requisitions; Mortgage discharge and electronic settlement - Where available: Throughout NSW, working with your selling agent wherever the property is. - Costs: not published. The practice gives a written quote that sets out professional fees and expected disbursements before it is engaged. - Timing: set by the contract, and confirmed with the client at the start of the matter. ### Off-the-Plan Conveyancing URL: https://baulkhamhillsconveyancing.com.au/services/off-the-plan-conveyancing Review of off-the-plan contracts, disclosure statements and sunset clauses, then completion once the plan is registered. Conveyancing for buying off the plan: review of the contract, disclosure statement and sunset dates before you sign, then the steps to completion after the plan is registered. It is for buyers of apartments, townhouses and homes sold before they are built or before the plan is registered. - Includes: Contract and disclosure statement review before you sign; Advice on sunset clauses, deposits and notified changes; Completion steps after the plan is registered - Where available: Developments in Sydney and across NSW, including Norwest, Bella Vista and Parramatta. - Costs: not published. The practice gives a written quote that sets out professional fees and expected disbursements before it is engaged. - Timing: set by the contract, and confirmed with the client at the start of the matter. ### Contract Review and Legal Advice URL: https://baulkhamhillsconveyancing.com.au/services/contract-review-legal-advice A solicitor's review of a NSW property contract before you sign, exchange or bid, with the risks explained in plain English. A legal review of the contract for sale that identifies risky clauses, missing documents and points to negotiate before you exchange or bid. It is for buyers about to sign a contract, make an offer or bid at auction in New South Wales. - Includes: Written summary of the contract risks; Recommended changes to request; Phone discussion of the contract with you - Where available: Throughout NSW, by phone and email or at our Norwest office. - Costs: not published. The practice gives a written quote that sets out professional fees and expected disbursements before it is engaged. - Timing: set by the contract, and confirmed with the client at the start of the matter. ### Property Settlement Conveyancing URL: https://baulkhamhillsconveyancing.com.au/services/property-settlement-services Exchange-to-completion work for NSW buyers and sellers: adjustments, lender and discharge steps, and electronic settlement. Conveyancing from exchange to completion: requisitions, adjustment figures, lender and mortgage discharge steps, and electronic settlement and lodgment. It is for buyers and sellers of NSW property who have exchanged contracts, or are about to, and need the settlement handled. - Includes: Requisitions and pre-settlement checks; Adjustment sheet and settlement statement; Electronic settlement and lodgment for registration - Where available: Sydney and regional NSW, with settlement completed electronically. - Costs: not published. The practice gives a written quote that sets out professional fees and expected disbursements before it is engaged. - Timing: set by the contract, and confirmed with the client at the start of the matter. ### Commercial Property Conveyancing URL: https://baulkhamhillsconveyancing.com.au/services/commercial-property-transactions Conveyancing for buying, selling and transferring business premises, retail, industrial and investment property in NSW. Legal due diligence, contract advice and settlement for commercial property purchases, sales and transfers. It is for business owners, investors, self-managed super fund trustees and commercial landlords in New South Wales. - Includes: Due diligence on title, zoning and leases; Contract and lease review; Settlement and transfer of title - Where available: Greater Sydney and regional NSW. - Costs: not published. The practice gives a written quote that sets out professional fees and expected disbursements before it is engaged. - Timing: set by the contract, and confirmed with the client at the start of the matter. ## NSW property guides Guides index: https://baulkhamhillsconveyancing.com.au/guides Each guide states the date its facts were last checked against the official sources listed with it. ### The conveyancing process in NSW, step by step URL: https://baulkhamhillsconveyancing.com.au/guides/conveyancing-process-nsw Updated: 2026-10-04 · Facts checked: 2026-10-04 Summary: Conveyancing is the legal work of transferring property. In NSW it runs from the contract through exchange, cooling-off and pre-settlement checks to settlement, which under the standard contract is due on the 42nd day after the contract date unless agreed otherwise. Since 11 October 2021, NSW land dealings must be lodged electronically through an approved network operator (PEXA or Sympli) by a subscriber such as a solicitor or licensed conveyancer. Key facts: - Default settlement date: 42nd day after the contract date under the standard contract (2022 and 2026 editions), unless agreed otherwise (Source: The Law Society of NSW, Contract for the sale and purchase of land 2026 edition (sample): https://www.lawsociety.com.au/sites/default/files/2026-03/LS4831_PAP_ContractLand2026Contract_Watermarked_2026-02-24.pdf) - Typical timing: NSW Government says settlement generally takes place around 6 weeks after exchange (Source: NSW Government, Exchanging contracts and settlement when buying a home: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/exchanging-contracts-and-settlement) - Electronic conveyancing: Mandatory for all NSW land dealings since 11 October 2021; paper certificates of title were cancelled (Source: NSW Registrar General, 100% eConveyancing from 11 October: https://www.registrargeneral.nsw.gov.au/news/100-econveyancing-from-11-october) - Approved ELNOs in NSW: PEXA and Sympli (Source: Australian Registrars' National Electronic Conveyancing Council (ARNECC), Electronic Lodgment Network Operators: https://www.arnecc.gov.au/resources/links/electronic_lodgment_network_operators/) - Cooling-off (residential, private sale): 5 business days, ending at 5pm on the fifth business day after exchange (10 business days for off-the-plan); none at auction or with a section 66W certificate (Source: NSW Government (NSW Fair Trading), Contracts and deposits when buying property in NSW: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/contracts-and-deposits) - Planning certificate: A section 10.7 certificate from the local council must be attached to the contract (Source: NSW Legislation, Conveyancing (Sale of Land) Regulation 2022: https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2022-0485) - Transfer duty deadline: The earlier of the settlement date or 3 months after the contract date (Source: Revenue NSW, Who pays transfer duty and when: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/paying-duties/who-pays-and-when) Frequently asked questions: Q: How long does the whole conveyancing process take in NSW? A: There is no fixed total. Before exchange, allow time for contract review, finance and inspections. After exchange, a private-sale buyer usually has 5 business days to cool off, and under the standard NSW contract completion is due on the 42nd day after the contract date unless agreed otherwise. NSW Government guidance says settlement generally happens around 6 weeks after exchange. Q: Do I need a solicitor or a licensed conveyancer in NSW? A: Either can do residential conveyancing. Anyone doing conveyancing for a fee needs a conveyancer licence unless they are a legal practitioner. A licensed conveyancer cannot do some legal work, such as court proceedings, setting up or changing a trust, or wills, so a solicitor may suit matters with wider legal issues. Q: What does a solicitor or conveyancer do for a buyer in NSW? A: They review the contract and its attached documents before you exchange, explain your cooling-off rights, check the title, arrange payment of transfer duty, work out the settlement adjustments for council and water rates, and coordinate electronic settlement with your lender and the seller's representative. Q: What is a section 10.7 certificate? A: A section 10.7 planning certificate, formerly called a section 149 certificate, is issued by the local council under the Environmental Planning and Assessment Act 1979. It shows the zoning and constraints such as flooding, bushfire and road widening, and it must be attached to a NSW contract for sale. Q: What happens on settlement day in NSW? A: Settlement takes place electronically through an ELNO such as PEXA or Sympli. The buyer's funds are paid to the seller and any lender, the transfer is lodged for registration, and the agent usually releases the keys once settlement is confirmed. Official sources: - The Law Society of NSW, Contract for the sale and purchase of land 2026 edition (sample): https://www.lawsociety.com.au/sites/default/files/2026-03/LS4831_PAP_ContractLand2026Contract_Watermarked_2026-02-24.pdf - NSW Government, Exchanging contracts and settlement when buying a home: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/exchanging-contracts-and-settlement - NSW Registrar General, 100% eConveyancing from 11 October: https://www.registrargeneral.nsw.gov.au/news/100-econveyancing-from-11-october - NSW Registrar General, 100% eConveyancing in NSW: https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/eConveyancing - Australian Registrars' National Electronic Conveyancing Council (ARNECC), Electronic Lodgment Network Operators: https://www.arnecc.gov.au/resources/links/electronic_lodgment_network_operators/ - NSW Registrar General, NSW Participation Rules for Electronic Conveyancing (Version 7): https://www.registrargeneral.nsw.gov.au/__data/assets/pdf_file/0003/1286751/NSW-Participation-Rules-Version-7.pdf - NSW Government (NSW Fair Trading), Contracts and deposits when buying property in NSW: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/contracts-and-deposits - NSW Government (NSW Fair Trading), Buying property at an auction: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/buying-property-at-an-auction - NSW Government (NSW Fair Trading), Making an offer on a property: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/making-an-offer-on-a-property - NSW Government (NSW Fair Trading), Pre-purchase inspection reports when buying a home: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/inspecting-a-property/inspection-reports - NSW Government, Buying property off the plan: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/buying-property-off-plan - NSW Legislation, Conveyancing (Sale of Land) Regulation 2022: https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2022-0485 - NSW Government, Loose-fill asbestos insulation laws: https://www.nsw.gov.au/housing-and-construction/safety-home/loose-fill-asbestos-insulation/loose-fill-asbestos-insulation-laws - NSW Government (NSW Fair Trading), Sales contracts: requirements for property agents: https://www.nsw.gov.au/housing-and-construction/property-professionals/working-as-an-agent/sales-contracts - NSW Government (NSW Fair Trading), Steps to selling a property: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/selling-a-property/steps-to-selling-a-property - NSW Government (NSW Fair Trading), Conveyancer licences: https://www.nsw.gov.au/housing-and-construction/property-professionals/conveyancers/conveyancer-licences - NSW Government (NSW Fair Trading), Conveyancing for property buyers and sellers: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/conveyancing-for-property-buyers-and-sellers - Revenue NSW, Who pays transfer duty and when: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/paying-duties/who-pays-and-when - Australian Taxation Office, Foreign resident capital gains withholding overview: https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/foreign-resident-capital-gains-withholding/foreign-resident-capital-gains-withholding-overview - Australian Taxation Office, Australian residents and clearance certificates: https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/foreign-resident-capital-gains-withholding/australian-residents-and-clearance-certificates - NSW Land Registry Services (Registrar General's Guidelines), How do I discharge a mortgage?: https://rg-guidelines.nswlrs.com.au/land_dealings/land_title_questions/how-do-i-discharge-a-mortgage ### First home buyers in NSW: duty exemption, grants and eligibility URL: https://baulkhamhillsconveyancing.com.au/guides/first-home-buyer-nsw Updated: 2026-10-04 · Facts checked: 2026-10-04 Summary: Under the NSW First Home Buyers Assistance Scheme, eligible first home buyers pay no transfer duty on a home valued at $800,000 or less, and a concessional rate above that and below $1,000,000. Vacant land: no duty at $350,000 or less, and a concessional rate above that and below $450,000. A new home valued at $600,000 or less (or land plus a building contract up to $750,000) may also qualify for the $10,000 First Home Owner (New Homes) Grant. Key facts: - Home: no transfer duty: Valued at $800,000 or less (Source: Revenue NSW, First Home Buyers Assistance Scheme: https://www.revenue.nsw.gov.au/grants-schemes/assistance-scheme) - Home: concessional rate: Valued above $800,000 and below $1,000,000 (Source: Revenue NSW, First Home Buyers Assistance Scheme: https://www.revenue.nsw.gov.au/grants-schemes/assistance-scheme) - Vacant land: No duty at $350,000 or less; concessional rate above $350,000 and below $450,000 (Source: Revenue NSW, First Home Buyers Assistance Scheme: https://www.revenue.nsw.gov.au/grants-schemes/assistance-scheme) - Residence rule (contracts from 1 July 2023): Home: one buyer moves in within 12 months of settlement and lives there as their principal place of residence for at least 12 continuous months. Vacant land: you must intend to build a home to live in (Source: Revenue NSW, Eligibility for the First Home Buyers Assistance Scheme: https://www.revenue.nsw.gov.au/property-professionals-resource-centre/guides-rulings-cpns/topics/first-home-buyers-assistance-scheme-guide/eligibility-criteria) - First Home Owner (New Homes) Grant: $10,000 for a first new home valued at $600,000 or less, or land plus a building contract valued at $750,000 or less (Source: Revenue NSW, First Home Owner (New Homes) Grant: https://www.revenue.nsw.gov.au/grants-schemes/first-home-owner-new-homes-grant) - First Home Buyer Choice: Closed on 1 July 2023 (Source: Revenue NSW, First Home Buyer Choice: https://www.revenue.nsw.gov.au/grants-schemes/previous-schemes/first-home-buyer-choice) Frequently asked questions: Q: Do first home buyers pay stamp duty in NSW? A: Not on a home valued at $800,000 or less, if you are eligible under the First Home Buyers Assistance Scheme. Homes valued above $800,000 and below $1,000,000 attract a concessional rate, and homes valued at $1,000,000 or more pay the full general rates. Use Revenue NSW's First Home Buyers Assistance calculator for the concessional amount. Q: Can I get the first home buyer exemption if my partner has owned property? A: Generally no. Neither the applicant nor their spouse or partner may have owned residential property in Australia before, or received the concession before. Revenue NSW publishes the full eligibility criteria, so check them carefully before you sign a contract. Q: How long do I have to live in the home to keep the exemption? A: For contracts from 1 July 2023, to keep the NSW First Home Buyers Assistance Scheme exemption or concession on a home, one buyer must move in within 12 months of settlement and live there as their principal place of residence for at least 12 continuous months. For vacant land, it is enough to intend to build a home there to live in. A similar 12-month occupation rule applies to the First Home Owner (New Homes) Grant. Q: Is the First Home Owner Grant available for existing homes in NSW? A: No. The NSW First Home Owner (New Homes) Grant of $10,000 is for a first new home only. The price cap is $600,000 for a newly built home, or $750,000 combined for vacant land plus a building contract. Existing homes may still qualify for the transfer duty exemption or concession. Q: Does First Home Buyer Choice still exist? A: No. First Home Buyer Choice, which let buyers pay an annual property tax instead of transfer duty, closed on 1 July 2023. Buyers who opted in before then keep paying property tax while they own that property. New first home buyers use the First Home Buyers Assistance Scheme. Q: What is the 5% Deposit Scheme? A: It is an Australian Government scheme, formerly the Home Guarantee Scheme, that helps eligible first home buyers purchase with a 5% deposit without lenders mortgage insurance. The Australian Government says changes from 1 October 2025 removed income caps and limits on places. Property price caps apply, so check the current caps on firsthomebuyers.gov.au. Q: How do I apply for the first home buyer duty exemption? A: After exchange, lodge Revenue NSW's First Home Buyers Assistance Scheme application form and proof of identity documents with your solicitor or conveyancer, so it can be considered when your duty is assessed. Any duty payable is due by the earlier of settlement or 3 months after the contract date. Official sources: - Revenue NSW, First Home Buyers Assistance Scheme: https://www.revenue.nsw.gov.au/grants-schemes/assistance-scheme - Revenue NSW, First Home Buyers Assistance calculator: https://www.apps09.revenue.nsw.gov.au/erevenue/calculators/fhba.php - Revenue NSW, Eligibility for the First Home Buyers Assistance Scheme: https://www.revenue.nsw.gov.au/property-professionals-resource-centre/guides-rulings-cpns/topics/first-home-buyers-assistance-scheme-guide/eligibility-criteria - Revenue NSW, First Home Owner (New Homes) Grant: https://www.revenue.nsw.gov.au/grants-schemes/first-home-owner-new-homes-grant - Revenue NSW, First Home Buyer Choice: https://www.revenue.nsw.gov.au/grants-schemes/previous-schemes/first-home-buyer-choice - Revenue NSW, Who pays transfer duty and when: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/paying-duties/who-pays-and-when - Australian Government (Housing Australia), Australian Government 5% Deposit Scheme: https://firsthomebuyers.gov.au/australian-government-5-percent-deposit-scheme - Australian Government (Housing Australia), Australian Government 5% Deposit Scheme: property price caps: https://firsthomebuyers.gov.au/australian-government-5-percent-deposit-scheme/property-price-caps - Australian Government (Housing Australia), Australian Government Help to Buy Scheme: https://firsthomebuyers.gov.au/australian-government-help-buy-scheme - NSW Government (NSW Fair Trading), Contracts and deposits when buying property in NSW: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/contracts-and-deposits - NSW Government (NSW Fair Trading), Making an offer on a property: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/making-an-offer-on-a-property - NSW Government (NSW Fair Trading), Buying property at an auction: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/buying-property-at-an-auction - NSW Government (NSW Fair Trading), Pre-purchase inspection reports when buying a home: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/inspecting-a-property/inspection-reports ### NSW stamp duty (transfer duty): 2026-27 rates, examples and when it is due URL: https://baulkhamhillsconveyancing.com.au/guides/stamp-duty-nsw Updated: 2026-10-04 · Facts checked: 2026-10-04 Summary: NSW stamp duty, officially called transfer duty, is paid by the buyer on the property's dutiable value: the higher of the price and the unencumbered market value. For contracts dated 1 July 2026 to 30 June 2027, duty at general rates is $36,937 on $950,000 and $39,187 on $1,000,000. It must be paid by the earlier of settlement or 3 months after the contract date. Key facts: - Who pays: The purchaser (buyer) (Source: Revenue NSW, Who pays transfer duty and when: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/paying-duties/who-pays-and-when) - When it is due: By the earlier of the settlement date or 3 months after the contract date (Source: Revenue NSW, Who pays transfer duty and when: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/paying-duties/who-pays-and-when) - What duty is charged on: The dutiable value: the higher of the purchase price and the unencumbered market value (Source: Revenue NSW, How to calculate transfer duty: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/understanding-transfer-duty/calculate-transfer-duty) - Duty on $950,000 (2026-27 general rates): $36,937 (Source: Revenue NSW, How to calculate transfer duty: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/understanding-transfer-duty/calculate-transfer-duty) - Duty on $1,000,000 (2026-27 general rates): $39,187 (Source: Revenue NSW, How to calculate transfer duty: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/understanding-transfer-duty/calculate-transfer-duty) - Foreign purchasers: Surcharge purchaser duty of 9% of the dutiable value (up from 8% from 1 January 2025), on top of transfer duty, unless an exemption applies (Source: Revenue NSW, What is surcharge purchaser duty: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/surcharge-purchaser-duty/what-is-surcharge-purchaser-duty) - Eligible first home buyers: No transfer duty on a home valued at $800,000 or less (Source: Revenue NSW, First Home Buyers Assistance Scheme: https://www.revenue.nsw.gov.au/grants-schemes/assistance-scheme) Frequently asked questions: Q: How much is stamp duty on a $1 million home in NSW? A: For a contract dated between 1 July 2026 and 30 June 2027, transfer duty at general rates on a dutiable value of $1,000,000 is $39,187. That is $11,602 plus $4.50 for every $100 over $387,000. The first home buyer concession applies only below $1,000,000, and foreign purchasers pay surcharge purchaser duty on top. Use Revenue NSW's calculator for an exact figure. Q: When do I have to pay stamp duty in NSW? A: Transfer duty must be paid by the earlier of the settlement date or 3 months after the contract date, so a settlement inside 3 months brings the deadline forward. Late payment attracts interest and may attract penalty tax. Owner-occupiers buying a home off the plan (not vacant land only) may be able to defer duty to the earliest of 15 months after the contract, completion or assignment. Q: Is stamp duty calculated on the purchase price or the market value? A: Duty is calculated on the dutiable value, which is the higher of the purchase price and the unencumbered market value. Paying a relative less than market value does not reduce the duty: Revenue NSW requires a valuation for related-party transfers and assesses duty on the market value. Q: Which year's stamp duty rates apply if I settle after 1 July? A: The rate year is set by the contract date, not the settlement date. A contract dated in June 2026 that settles in August 2026 uses the 2025-26 thresholds. Thresholds and base amounts are adjusted each 1 July in line with the Sydney CPI, so check the table for the year your contract is dated. Q: Do foreign buyers pay more stamp duty in NSW? A: Yes. Foreign persons buying residential-related property in NSW pay surcharge purchaser duty of 9% of the dutiable value, in addition to ordinary transfer duty, unless an exemption applies. The rate increased from 8% for transactions on or after 1 January 2025. Foreign purchasers also cannot use the off-the-plan duty deferral for owner-occupiers. Q: What is premium property duty in NSW? A: Premium property duty is a higher rate for residential property above a premium threshold. For contracts dated 1 July 2026 to 30 June 2027, it applies above $3,870,000: duty is $194,137 plus $7.00 for every $100 over that amount. Check the current figures with Revenue NSW before relying on them. Official sources: - Revenue NSW, How to calculate transfer duty: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/understanding-transfer-duty/calculate-transfer-duty - Revenue NSW, Past thresholds and rates for transfer duty: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/understanding-transfer-duty/calculate-transfer-duty/past-thresholds-and-rates - Revenue NSW, Premium property duty: https://www.revenue.nsw.gov.au/property-professionals-resource-centre/guides-rulings-cpns/topics/contracts-for-sale-of-land-and-transfers/premium-property-duty - Revenue NSW, Who pays transfer duty and when: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/paying-duties/who-pays-and-when - Revenue NSW, What is surcharge purchaser duty: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/surcharge-purchaser-duty/what-is-surcharge-purchaser-duty - Australian Taxation Office, Banning foreign purchases of established dwellings: https://www.ato.gov.au/about-ato/new-legislation/in-detail/international/banning-foreign-purchases-of-established-dwellings - Revenue NSW, Transfer duty for off the plan property purchases: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/understanding-transfer-duty/off-the-plan-property-purchases - Revenue NSW, First Home Buyers Assistance Scheme: https://www.revenue.nsw.gov.au/grants-schemes/assistance-scheme - Revenue NSW, Transfer duty exemption for transfers between spouses and de facto partners: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/exemptions-and-concessions/spouses-and-de-facto-partners - NSW Government (NSW Fair Trading), Conveyancing for property buyers and sellers: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/conveyancing-for-property-buyers-and-sellers ### The cooling-off period in NSW: how it works for property buyers URL: https://baulkhamhillsconveyancing.com.au/guides/cooling-off-period-nsw Updated: 2026-10-04 · Facts checked: 2026-10-04 Summary: In NSW, a buyer of residential property has a cooling-off period of 5 business days, ending at 5pm on the fifth business day after the day of exchange. Pulling out costs 0.25% of the price ($250 for every $100,000), paid to the vendor. Off-the-plan contracts have 10 business days. There is no cooling-off at auction or for a contract exchanged on auction day after a pass-in, and it can be waived or shortened only with a section 66W certificate. Key facts: - Cooling-off period: 5 business days, ending at 5pm on the fifth business day after the day of exchange (Source: NSW Government (NSW Fair Trading), Contracts and deposits when buying property in NSW: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/contracts-and-deposits) - Cost of pulling out: 0.25% of the purchase price ($250 for every $100,000), paid to the vendor (Source: NSW Government (NSW Fair Trading), Contracts and deposits when buying property in NSW: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/contracts-and-deposits) - Off-the-plan contracts: 10 business days, ending at 5pm on the tenth business day after the contract is made (Source: NSW Registrar General, New off-the-plan laws now in force: https://www.registrargeneral.nsw.gov.au/news/new-off-the-plan-laws-now-in-force) - Auctions: No cooling-off at auction, or for contracts exchanged on auction day after the property is passed in (Source: NSW Government (NSW Fair Trading), Buying property at an auction: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/buying-property-at-an-auction) - Waiving or shortening it: Only with a section 66W certificate from the buyer's solicitor or licensed conveyancer (Source: NSW Government (NSW Fair Trading), Contracts and deposits when buying property in NSW: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/contracts-and-deposits) - Extending it: Possible by agreement between the buyer and the vendor (Source: NSW Government (NSW Fair Trading), Contracts and deposits when buying property in NSW: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/contracts-and-deposits) - New cooling-off notice: Mandatory for residential contracts and options exchanged on or after 1 June 2026 (Source: NSW Registrar General, Guidance for practitioners: https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/guidance-for-practitioners) Frequently asked questions: Q: Is the cooling-off period 5 days or 5 business days in NSW? A: It is 5 business days, not 5 calendar days. The period starts on exchange and ends at 5pm on the fifth business day after the day of exchange. Weekends and NSW public and bank holidays are not counted when you work out the end date. Q: How much do you lose if you pull out during cooling-off in NSW? A: You must pay the vendor 0.25% of the purchase price, which is $250 for every $100,000. On a $1,000,000 purchase, that is $2,500. The vendor can take this from your deposit, and you are entitled to a refund of any balance. Q: How do I cool off on a property contract in NSW? A: Give the vendor written notice that you are rescinding before 5pm on the fifth business day after exchange (the tenth for a residential off-the-plan contract). Your solicitor or conveyancer usually prepares and serves it. You must pay the vendor 0.25% of the price, which the vendor can take from your deposit, and you are entitled to a refund of any balance. Q: Can the seller pull out during the cooling-off period? A: No. The statutory cooling-off right in the Conveyancing Act 1919 (NSW) belongs to the buyer, not the seller. Once contracts are exchanged, the seller is bound by the contract's terms. If a seller tries to back out after exchange, get legal advice promptly. Q: What is the cooling-off period for off-the-plan property in NSW? A: Residential off-the-plan contracts have a 10 business day cooling-off period, ending at 5pm on the tenth business day after the contract is made. A buyer who rescinds forfeits 0.25% of the purchase price, the same as for an existing home. Q: Can the cooling-off period be extended? A: Yes, the buyer and the vendor can agree to extend it, for example while finance approval or a strata report is finalised. Waiving or shortening it is different: that only takes effect if the buyer's solicitor or licensed conveyancer gives the vendor a section 66W certificate. Q: Does the cooling-off period start when I sign the contract? A: No. Signing your copy does not start it. The cooling-off period starts when contracts are exchanged, which is usually when the buyer's and seller's signed copies are swapped, and it ends at 5pm on the fifth business day after the day of exchange. Official sources: - NSW Government (NSW Fair Trading), Contracts and deposits when buying property in NSW: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/contracts-and-deposits - NSW Government (NSW Fair Trading), Buying property at an auction: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/buying-property-at-an-auction - NSW Government (NSW Fair Trading), Making an offer on a property: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/making-an-offer-on-a-property - NSW Government, Buying property off the plan: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/buying-property-off-plan - NSW Registrar General, New off-the-plan laws now in force: https://www.registrargeneral.nsw.gov.au/news/new-off-the-plan-laws-now-in-force - NSW Registrar General, Guidance for practitioners: https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/guidance-for-practitioners - The Law Society of NSW, Summary of main changes made in the Contract for the sale and purchase of land 2026 edition: https://www.lawsociety.com.au/sites/default/files/2026-03/LS4831_PAP_ContractLand2026_SummaryOfChanges_2026-02-23.pdf - The Law Society of NSW, Contract for the sale and purchase of land 2026 edition (sample): https://www.lawsociety.com.au/sites/default/files/2026-03/LS4831_PAP_ContractLand2026Contract_Watermarked_2026-02-24.pdf - NSW Government, Exchanging contracts and settlement when buying a home: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/exchanging-contracts-and-settlement - NSW Government (NSW Fair Trading), Pre-purchase inspection reports when buying a home: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/inspecting-a-property/inspection-reports - NSW Government (NSW Fair Trading), Buying a strata property: https://www.nsw.gov.au/housing-and-construction/strata/buying-a-strata-property - AustLII (NSW Consolidated Acts), Conveyancing Act 1919 (NSW), section 66T: No cooling off period in certain cases: https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66t.html - AustLII (NSW Consolidated Acts), Conveyancing Act 1919 (NSW), section 66S: Cooling off period: https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66s.html - AustLII (NSW Consolidated Acts), Conveyancing Act 1919 (NSW), section 66U: Cooling off rights: https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66u.html - AustLII (NSW Consolidated Acts), Conveyancing Act 1919 (NSW), section 66V: Consequences of rescission: https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66v.html - AustLII (NSW Consolidated Acts), Conveyancing Act 1919 (NSW), section 66W: Certificates: https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66w.html - AustLII (NSW Consolidated Acts), Conveyancing Act 1919 (NSW), section 66ZB: Cooling off period (options): https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66zb.html - AustLII (NSW Consolidated Acts), Conveyancing Act 1919 (NSW), section 66ZE: Consequences of rescission (options): https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66ze.html ### Section 66W certificates in NSW: what buyers give up and what to check first URL: https://baulkhamhillsconveyancing.com.au/guides/section-66w-certificate-nsw Updated: 2026-10-04 · Facts checked: 2026-10-04 Summary: A section 66W certificate is a certificate under the Conveyancing Act 1919 (NSW), given by the buyer's solicitor or licensed conveyancer, that waives or shortens the usual 5 business day cooling-off period. The practitioner must first explain the effect of the contract, the nature of the certificate and the effect of giving it. If cooling-off is waived, the contract binds you from exchange, so finish your finance, inspections and contract checks before you sign. Key facts: - What it does: Waives the cooling-off period, or allows it to be shortened by agreement (Source: NSW Government (NSW Fair Trading), Contracts and deposits when buying property in NSW: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/contracts-and-deposits) - The law: Section 66W of the Conveyancing Act 1919 (NSW) (Source: AustLII (NSW Consolidated Acts), Conveyancing Act 1919 (NSW), section 66W: Certificates: https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66w.html) - Who gives it: The buyer's own lawyer or a licensed conveyancer acting for the buyer, never the vendor's solicitor or another solicitor in that solicitor's practice or firm (Source: AustLII (NSW Consolidated Acts), Conveyancing Act 1919 (NSW), section 66W: Certificates: https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66w.html) - Before it is given: The practitioner must explain the effect of the contract, the nature of the certificate and the effect of giving it to the vendor (Source: AustLII (NSW Consolidated Acts), Conveyancing Act 1919 (NSW), section 66W: Certificates: https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66w.html) - When it is given: To waive cooling-off: to the vendor (or the vendor's solicitor or agent) at or before the time the contract is made. A shorter period takes effect only once the certificate is given (Source: AustLII (NSW Consolidated Acts), Conveyancing Act 1919 (NSW), section 66T: No cooling off period in certain cases: https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66t.html) - What you give up: The right to rescind during the cooling-off period (5 business days, or 10 for off-the-plan contracts) by paying 0.25% of the price (Source: NSW Government (NSW Fair Trading), Contracts and deposits when buying property in NSW: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/contracts-and-deposits) Frequently asked questions: Q: Does a section 66W certificate mean I can't pull out of the contract? A: If the certificate waives cooling-off, you cannot rescind by paying 0.25% of the price, and the contract binds you from exchange. Narrow rights can remain, such as rescinding within 14 days after the contract is made if the vendor did not attach the prescribed documents, but you should not count on them. Q: Can a buyer sign their own 66W certificate? A: No. The certificate must be given by the buyer's own lawyer or by a licensed conveyancer acting for the buyer, after explaining the effect of the contract, the nature of the certificate and the effect of giving it. Section 66W rules out the vendor's solicitor and others in that solicitor's practice or firm. Q: Do I need a 66W certificate to buy at auction in NSW? A: No. There is no cooling-off period at auction, or for contracts exchanged on auction day after the property is passed in, so there is nothing to waive. Sellers usually ask for a 66W certificate when a buyer wants to exchange before auction day or at a private sale. Q: Can a 66W certificate shorten cooling-off rather than remove it? A: Yes. The buyer and the vendor can agree to a shorter cooling-off period, but the shorter period only takes effect if the buyer's solicitor or licensed conveyancer gives the vendor a section 66W certificate. The period can also be extended by agreement, which needs no certificate. Q: When is a 66W certificate given to the seller? A: To waive cooling-off, it must be given to the vendor, or the vendor's solicitor or agent, at or before the time the contract is made. In practice it is usually handed over with the buyer's signed contract at exchange, once the buyer's solicitor or conveyancer has explained its effect. A certificate supporting a shorter cooling-off period can be given later, but the shorter period only applies once it is given. Q: Why would a seller ask for a 66W certificate? A: A 66W certificate gives the seller certainty that the buyer cannot use cooling-off to pull out. Sellers often ask for one when several buyers are interested, or when they accept an offer before auction, because a contract made at auction has no cooling-off period either. Official sources: - NSW Government (NSW Fair Trading), Contracts and deposits when buying property in NSW: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/contracts-and-deposits - AustLII (NSW Consolidated Acts), Conveyancing Act 1919 (NSW), section 66W: Certificates: https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66w.html - AustLII (NSW Consolidated Acts), Conveyancing Act 1919 (NSW), section 66T: No cooling off period in certain cases: https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66t.html - AustLII (NSW Consolidated Acts), Conveyancing Act 1919 (NSW), section 66S: Cooling off period: https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66s.html - NSW Government (NSW Fair Trading), Buying property at an auction: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/buying-property-at-an-auction - NSW Government (NSW Fair Trading), Making an offer on a property: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/making-an-offer-on-a-property - NSW Government (NSW Fair Trading), Pre-purchase inspection reports when buying a home: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/inspecting-a-property/inspection-reports - NSW Government (NSW Fair Trading), Pre-purchase inspection reports: requirements for property agents: https://www.nsw.gov.au/housing-and-construction/property-professionals/working-as-an-agent/pre-purchase-inspection-reports - NSW Government (NSW Fair Trading), Steps to selling a property: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/selling-a-property/steps-to-selling-a-property - NSW Government (NSW Fair Trading), Buying a strata property: https://www.nsw.gov.au/housing-and-construction/strata/buying-a-strata-property - NSW Legislation, Conveyancing (Sale of Land) Regulation 2022: https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2022-0485 ### Buying property at auction in NSW: what to check before you bid URL: https://baulkhamhillsconveyancing.com.au/guides/buying-at-auction-nsw Updated: 2026-10-04 · Facts checked: 2026-10-04 Summary: When you buy residential property at auction in NSW, there is no cooling-off period, and none for contracts exchanged on auction day after the property is passed in. You must register with the agent and show ID to bid. The successful bidder signs the contract and pays the deposit, usually 10%, unless a lower amount or a deposit bond was agreed before the auction. Have the contract reviewed and your finance and inspections done before auction day. Key facts: - Cooling-off at auction: None, including contracts exchanged on auction day after the property is passed in (Source: NSW Government (NSW Fair Trading), Buying property at an auction: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/buying-property-at-an-auction) - Registering to bid: Give the agent your name and address and show government or financial-institution ID (Source: NSW Government (NSW Fair Trading), Buying property at an auction: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/buying-property-at-an-auction) - Bidders record: Confidential, even from the vendor (Source: NSW Government (NSW Fair Trading), Buying property at an auction: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/buying-property-at-an-auction) - Deposit: Usually 10%, paid when the winning bidder signs, unless a lower amount or deposit bond was agreed before the auction (Source: NSW Government (NSW Fair Trading), Buying property at an auction: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/buying-property-at-an-auction) - Inspection reports: Not compulsory but recommended; when you ask for the contract, the agent must tell you about any pre-purchase reports it knows of, including who prepared them and whether you can buy a copy (Source: NSW Government (NSW Fair Trading), Pre-purchase inspection reports when buying a home: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/inspecting-a-property/inspection-reports) - Missing prescribed documents: The buyer may rescind by written notice within 14 days after the contract is made, unless it has been completed (Source: NSW Legislation, Conveyancing (Sale of Land) Regulation 2022: https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2022-0485) - Default settlement date: 42nd day after the contract date under the standard contract, unless agreed otherwise (Source: The Law Society of NSW, Contract for the sale and purchase of land 2026 edition (sample): https://www.lawsociety.com.au/sites/default/files/2026-03/LS4831_PAP_ContractLand2026Contract_Watermarked_2026-02-24.pdf) Frequently asked questions: Q: Can you back out after winning an auction in NSW? A: Generally no. There is no cooling-off period at auction, so the contract binds you once it is signed and exchanged. If you cannot complete, you risk losing your deposit and may be liable for the vendor's losses. Narrow rights remain, such as rescinding if prescribed documents were not attached. Q: How much deposit do you pay at auction in NSW? A: The deposit at auction is usually 10% of the price, paid when the winning bidder signs the contract. Unless a lower amount or a deposit bond was agreed before the auction, expect to pay 10% on signing, so raise any lower deposit or deposit bond with the agent well before auction day. Q: Do you need ID to bid at an auction in NSW? A: Yes. To bid at a NSW residential auction you must register with the selling agent, giving your name and address and showing identification issued by a government or a financial institution. You cannot bid until you are registered. Q: Can the vendor see who registered to bid? A: No. The agent keeps a bidders record of everyone who registers, and that record is confidential, even from the vendor. Registering simply allows you to bid; it does not commit you to buy unless you are the winning bidder. Q: Is there a cooling-off period if the property is passed in? A: Not if contracts are exchanged on the day of the auction after the property is passed in. A contract exchanged on a later day is generally treated like a private sale, so the usual 5 business day cooling-off applies unless the buyer's solicitor or licensed conveyancer gives the vendor a section 66W certificate to waive or shorten it. Q: Can I make an offer before an auction in NSW? A: Yes, and the seller may accept it. If you exchange before auction day, it is a private sale, so the usual 5 business day cooling-off period applies unless your solicitor or licensed conveyancer gives the seller a section 66W certificate to waive or shorten it. Sellers often ask for one before auction, so finish your finance, inspections and contract review first. Q: Should I get a building and pest inspection before an auction? A: It is not compulsory, but it is recommended. Because there is no cooling-off at auction, any report needs to be done before you bid. When you request the contract, the agent must tell you about any pre-purchase reports it knows of, including who prepared them and whether you can buy a copy. Q: When does settlement happen after an auction in NSW? A: Under the standard NSW contract, completion is due on the 42nd day after the contract date unless the contract says otherwise. NSW Government guidance says settlement generally happens around 6 weeks after exchange. Check the special conditions before you bid, because the agreed date may differ. Official sources: - NSW Government (NSW Fair Trading), Buying property at an auction: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/buying-property-at-an-auction - NSW Government (NSW Fair Trading), Contracts and deposits when buying property in NSW: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/contracts-and-deposits - NSW Government (NSW Fair Trading), Making an offer on a property: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/making-an-offer-on-a-property - NSW Government (NSW Fair Trading), Pre-purchase inspection reports when buying a home: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/inspecting-a-property/inspection-reports - NSW Government (NSW Fair Trading), Pre-purchase inspection reports: requirements for property agents: https://www.nsw.gov.au/housing-and-construction/property-professionals/working-as-an-agent/pre-purchase-inspection-reports - NSW Government (NSW Fair Trading), Buying a strata property: https://www.nsw.gov.au/housing-and-construction/strata/buying-a-strata-property - NSW Government (NSW Fair Trading), Section 184 certificate (strata schemes): https://www.nsw.gov.au/housing-and-construction/strata/factsheets-forms-resources/section-184-certificate-strata-schemes - NSW Government (NSW Fair Trading), Sales contracts: requirements for property agents: https://www.nsw.gov.au/housing-and-construction/property-professionals/working-as-an-agent/sales-contracts - NSW Government (NSW Fair Trading), Steps to selling a property: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/selling-a-property/steps-to-selling-a-property - NSW Legislation, Conveyancing (Sale of Land) Regulation 2022: https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2022-0485 - The Law Society of NSW, Contract for the sale and purchase of land 2026 edition (sample): https://www.lawsociety.com.au/sites/default/files/2026-03/LS4831_PAP_ContractLand2026Contract_Watermarked_2026-02-24.pdf - NSW Government, Exchanging contracts and settlement when buying a home: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/exchanging-contracts-and-settlement - Revenue NSW, Who pays transfer duty and when: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/paying-duties/who-pays-and-when - NSW Government (NSW Fair Trading), Changes to property and stock agents laws: https://www.nsw.gov.au/departments-and-agencies/fair-trading/news/changes-to-property-and-stock-agents-laws - AustLII (NSW Consolidated Acts), Conveyancing Act 1919 (NSW), section 66T: No cooling off period in certain cases: https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66t.html ### Buying off the plan in NSW: your rights before and after you sign URL: https://baulkhamhillsconveyancing.com.au/guides/off-the-plan-nsw Updated: 2026-10-04 · Facts checked: 2026-10-04 Summary: A NSW residential off-the-plan contract must have a disclosure statement attached before you sign. You get 10 business days to cool off (costing 0.25% of the price), your deposit is held in a trust or controlled money account until settlement, and you must get the registered plan at least 21 days before you can be made to settle. A developer can rescind under a sunset clause only after 28 days' notice and with your consent or a court order. Key facts: - Disclosure statement: Must be attached in the Registrar General's approved form before you sign (section 66ZM, Conveyancing Act 1919), with a draft plan and the sunset dates (Source: NSW Registrar General, Off-the-plan: https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/off-the-plan) - Cooling-off period: 10 business days, ending 5pm on the tenth business day after the contract is made (Source: NSW Registrar General, New off-the-plan laws now in force: https://www.registrargeneral.nsw.gov.au/news/new-off-the-plan-laws-now-in-force) - Cost of cooling off: 0.25% of the purchase price is forfeited if you rescind (Source: NSW Government, Buying property off the plan: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/buying-property-off-plan) - Deposit: Held in a trust or controlled money account and cannot be released to the developer before completion (Source: NSW Registrar General, New requirements for off-the-plan contracts from 1 December 2019: https://www.registrargeneral.nsw.gov.au/news/new-requirements-for-off-the-plan-contracts-from-1-december-2019) - Material changes: If a notified change means you would not have signed and you would be materially prejudiced, you have 14 days to rescind or, before completion, to claim compensation of up to 2% of the price (Source: NSW Registrar General, New requirements for off-the-plan contracts from 1 December 2019: https://www.registrargeneral.nsw.gov.au/news/new-requirements-for-off-the-plan-contracts-from-1-december-2019) - Registered plan: Must be given to you at least 21 days before you can be required to settle (Source: NSW Government, Buying property off the plan: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/buying-property-off-plan) - Sunset clause: At least 28 days' written notice with reasons, then your written consent or a Supreme Court order (section 66ZS) (Source: NSW Registrar General, Off-the-plan: https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/off-the-plan) - Duty deferral: Eligible owner-occupiers (not buyers of vacant land only) pay at the earliest of 15 months after the contract, completion or assignment (Source: Revenue NSW, Transfer duty for off the plan property purchases: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/understanding-transfer-duty/off-the-plan-property-purchases) Frequently asked questions: Q: Is there a cooling-off period when buying off the plan in NSW? A: Yes. A residential off-the-plan contract in NSW has a 10 business day cooling-off period, ending at 5pm on the tenth business day after the contract is made. If you rescind during that time, you forfeit 0.25% of the purchase price. That is longer than the 5 business days that applies to existing homes bought other than at auction. Q: Can a developer cancel my off-the-plan contract under a sunset clause? A: Only with your written consent or a court order. Under section 66ZS of the Conveyancing Act 1919 (NSW), the developer must first give you at least 28 days' written notice with its reasons. The court orders rescission only if it is just and equitable, and the developer generally pays your costs of the proceedings unless you unreasonably withheld consent. A sunset clause cannot operate automatically. Q: Is my off-the-plan deposit protected if the developer goes broke? A: For off-the-plan contracts made from 1 December 2019, deposits and instalments must be held by the stakeholder in a trust or controlled money account for the contract period. The money cannot be released to the developer before completion, which the Registrar General notes protects buyers if the developer becomes insolvent. Check your contract to see who holds the deposit. Q: Can I defer stamp duty when buying off the plan? A: Yes, if you are an eligible owner-occupier. Duty is then payable at the earliest of 15 months after the contract date, completion, or assignment of the contract. It is not available to investors, if any purchaser is a foreign person, or if you are buying vacant land only. For contracts from 1 July 2023, at least one purchaser must move in within 12 months of completion and live there for 12 continuous months. Q: Can I assign my off-the-plan contract before settlement? A: It depends on the terms of your contract, so check them with your solicitor or conveyancer before you agree to anything. If you deferred transfer duty as an eligible owner-occupier, assignment of the contract ends the deferral: duty is payable at the earliest of 15 months after the contract date, completion, or assignment. Q: What happens if the finished property is different from the plan? A: The developer must notify you of changes that make the disclosure statement inaccurate in a material particular, such as changes to the draft plan, by-laws or schedule of finishes that adversely affect your use or enjoyment. If the change is one that means you would not have entered into the contract had you known about it, and you would be materially prejudiced by it, you may rescind within 14 days after the notice (or after receiving the registered plan, if it reveals the inaccuracy). Instead of rescinding, you can claim compensation of up to 2% of the price, before completion. Compensation claims not settled by agreement go to arbitration. Q: How much notice do I get before I have to settle an off-the-plan purchase? A: The developer must give you a copy of the registered plan and associated documents at least 21 days before settlement, and you cannot be required to settle within that 21-day period. Check your contract for how the settlement date is worked out once the plan is registered, and make sure your finance is ready. Q: Do the off-the-plan rules apply to land lots in new estates? A: Usually, yes. The Conveyancing Act's off-the-plan rules apply to a contract for a residential lot that has not yet been created, whether strata or not (section 66ZL). Residential property includes vacant land on which a single home may lawfully be built, subject to size limits (section 66Q). Have your solicitor or conveyancer confirm your contract is covered before you rely on the disclosure, cooling-off and sunset clause rules. The off-the-plan transfer duty deferral is not available for vacant land only. Official sources: - NSW Registrar General, Off-the-plan: https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/off-the-plan - NSW Registrar General, New off-the-plan laws now in force: https://www.registrargeneral.nsw.gov.au/news/new-off-the-plan-laws-now-in-force - NSW Registrar General, New requirements for off-the-plan contracts from 1 December 2019: https://www.registrargeneral.nsw.gov.au/news/new-requirements-for-off-the-plan-contracts-from-1-december-2019 - NSW Government, Buying property off the plan: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/buying-property-off-plan - NSW Government (NSW Fair Trading), Making an offer on a property: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/making-an-offer-on-a-property - NSW Legislation, Conveyancing (Sale of Land) Regulation 2022: https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2022-0485 - NSW Fair Trading, The sale process: https://www.fairtrading.nsw.gov.au/housing-and-property/buying-and-selling-property/selling-a-property/the-sale-process - NSW Legislation, Conveyancing Act 1919 (NSW): https://legislation.nsw.gov.au/view/html/inforce/current/act-1919-006 - AustLII (NSW Consolidated Acts), Conveyancing Act 1919 (NSW), section 66ZO: Purchaser's right to rescind after service of notice of changes: https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66zo.html - AustLII (NSW Consolidated Acts), Conveyancing Act 1919 (NSW), section 66ZP: Purchaser's right to rescind after service of registered plan: https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66zp.html - Revenue NSW, Transfer duty for off the plan property purchases: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/understanding-transfer-duty/off-the-plan-property-purchases - Revenue NSW, Who pays transfer duty and when: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/paying-duties/who-pays-and-when - Australian Taxation Office, GST at settlement: a guide for purchasers and their representatives: https://www.ato.gov.au/businesses-and-organisations/gst-excise-and-indirect-taxes/gst/in-detail/your-industry/property/gst-at-settlement-a-guide-for-purchasers-and-their-representatives - NSW Government (Building Commission NSW), How Building Commission NSW deals with building defect complaints: https://www.nsw.gov.au/departments-and-agencies/building-commission/about-us/building-defect-complaints - NSW Government (Building Commission NSW), Lodging an expected completion notice for regulated buildings: https://www.nsw.gov.au/housing-and-construction/compliance-and-regulation/professionals-working-on-regulated-buildings/developers/lodging-an-expected-completion-notice - NSW Government, Strata Building Bond and Inspections Scheme: https://www.nsw.gov.au/housing-and-construction/building/strata-building-bond-and-inspections-scheme - NSW Government (Building Commission NSW), Ten-year defect insurance for apartment buildings: https://www.nsw.gov.au/departments-and-agencies/building-commission/industry-changes/ten-year-defect-insurance-for-apartment-buildings ### Strata reports in NSW: what to check before buying a unit or townhouse URL: https://baulkhamhillsconveyancing.com.au/guides/strata-report-nsw Updated: 2026-10-04 · Facts checked: 2026-10-04 Summary: Before buying a unit or townhouse in a strata scheme in NSW, check the strata documents attached to the contract and get a strata report. Community title and Torrens title townhouses have different documents. A strata report usually combines a section 182 inspection of the owners corporation's records with a section 184 strata information certificate. The owners corporation must issue that certificate within 14 days, and it shows the levies, any unpaid amounts and who manages the scheme. Key facts: - Strata documents in the contract: Include property certificates for the lot and the common property, the strata plan and the by-laws in force (Source: NSW Legislation, Conveyancing (Sale of Land) Regulation 2022: https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2022-0485) - Strata report: Usually a section 182 records inspection (with the owner's authority, for a fee) plus a section 184 certificate (Source: NSW Government (NSW Fair Trading), Buying a strata property: https://www.nsw.gov.au/housing-and-construction/strata/buying-a-strata-property) - Section 184 certificate: The owners corporation must issue it within 14 days of a written application with the prescribed fee (Source: NSW Government (NSW Fair Trading), Section 184 certificate (strata schemes): https://www.nsw.gov.au/housing-and-construction/strata/factsheets-forms-resources/section-184-certificate-strata-schemes) - Who can apply for a section 184 certificate: An owner, mortgagee or covenant chargee, or a person they authorise (Source: NSW Government (NSW Fair Trading), Section 184 certificate (strata schemes): https://www.nsw.gov.au/housing-and-construction/strata/factsheets-forms-resources/section-184-certificate-strata-schemes) - Embedded networks: From 1 April 2026, section 184 certificates must disclose utilities supplied through an embedded network (Source: NSW Government (NSW Fair Trading), Guide to strata law changes for strata committees and owners: https://www.nsw.gov.au/housing-and-construction/strata/guide-to-strata-law-changes-for-strata-committees-and-owners) - Missing prescribed documents: The buyer may rescind by written notice within 14 days after the contract is made, unless it has been completed (Source: NSW Fair Trading, The sale process: https://www.fairtrading.nsw.gov.au/housing-and-property/buying-and-selling-property/selling-a-property/the-sale-process) - Statutory warranties (strata buildings): 6 years for major defects and 2 years for other defects, from the occupation certificate for the whole building (Source: NSW Government (Building Commission NSW), How Building Commission NSW deals with building defect complaints: https://www.nsw.gov.au/departments-and-agencies/building-commission/about-us/building-defect-complaints) Frequently asked questions: Q: Is a strata report compulsory in NSW? A: No. A strata report is not compulsory, but NSW Fair Trading recommends pre-purchase building, pest and strata inspection reports. The seller must attach prescribed strata documents to the contract, such as the strata plan and by-laws, but those documents do not show the scheme's finances, disputes or defect history. A strata report helps fill that gap. Q: What is the difference between a strata report and a section 184 certificate? A: A section 184 certificate is issued by the owners corporation and sets out levies, unpaid amounts, committee and manager details, capital works plan funding and where records are kept. A strata report usually goes further: it is based on an inspection of the owners corporation's records under section 182, such as meeting minutes and financial statements, and is usually combined with the certificate. Q: Who can apply for a section 184 strata information certificate? A: An owner, a mortgagee or a covenant chargee of the lot, or a person they authorise, can apply in writing with the prescribed fee under section 184 of the Strata Schemes Management Act 2015 (NSW). A buyer usually gets the certificate through the seller or through a strata report ordered with the owner's authority. Q: How long does it take to get a section 184 certificate? A: The owners corporation must issue a section 184 strata information certificate within 14 days of receiving a written application with the prescribed fee. If you are buying, ask early whether the seller has a current certificate, so you are not waiting on it close to exchange or the end of the cooling-off period. Q: Does the seller have to attach a section 184 certificate to the contract? A: No. The section 184 certificate is not a prescribed document for a NSW contract, although sellers often attach one voluntarily. The prescribed strata documents include property certificates for the lot and common property, the strata plan and the by-laws in force. Q: What happens if strata documents are missing from the contract? A: If the seller has not attached a prescribed document, such as the strata plan or the by-laws, the buyer may rescind the contract by written notice within 14 days after the contract is made, unless the contract has been completed. Get advice before relying on this right, because it depends on exactly what is missing. Q: How much does a strata report cost in NSW? A: It depends on the provider. The owners corporation also charges a regulated fee to inspect its records, and the inspection fees for non-owners such as prospective buyers went up on 1 July 2025. A section 184 certificate has its own prescribed fee. Ask for the total cost before you order a report. Official sources: - NSW Government (NSW Fair Trading), Buying a strata property: https://www.nsw.gov.au/housing-and-construction/strata/buying-a-strata-property - NSW Government (NSW Fair Trading), Section 184 certificate (strata schemes): https://www.nsw.gov.au/housing-and-construction/strata/factsheets-forms-resources/section-184-certificate-strata-schemes - NSW Government (NSW Fair Trading), Guide to strata law changes for strata committees and owners: https://www.nsw.gov.au/housing-and-construction/strata/guide-to-strata-law-changes-for-strata-committees-and-owners - NSW Government (NSW Fair Trading), Changes to strata laws: https://www.nsw.gov.au/departments-and-agencies/fair-trading/news/changes-to-strata-laws - NSW Legislation, Conveyancing (Sale of Land) Regulation 2022: https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2022-0485 - NSW Fair Trading, The sale process: https://www.fairtrading.nsw.gov.au/housing-and-property/buying-and-selling-property/selling-a-property/the-sale-process - NSW Government (NSW Fair Trading), Pre-purchase inspection reports when buying a home: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/inspecting-a-property/inspection-reports - NSW Government (NSW Fair Trading), Contracts and deposits when buying property in NSW: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/contracts-and-deposits - NSW Government (NSW Fair Trading), Buying property at an auction: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/buying-property-at-an-auction - NSW Government (Building Commission NSW), How Building Commission NSW deals with building defect complaints: https://www.nsw.gov.au/departments-and-agencies/building-commission/about-us/building-defect-complaints - NSW Government, Strata Building Bond and Inspections Scheme: https://www.nsw.gov.au/housing-and-construction/building/strata-building-bond-and-inspections-scheme - NSW Government (Building Commission NSW), Ten-year defect insurance for apartment buildings: https://www.nsw.gov.au/departments-and-agencies/building-commission/industry-changes/ten-year-defect-insurance-for-apartment-buildings ### How long does settlement take in NSW and what happens on settlement day? URL: https://baulkhamhillsconveyancing.com.au/guides/settlement-nsw Updated: 2026-10-04 · Facts checked: 2026-10-04 Summary: Under the standard NSW Contract for the sale and purchase of land (2022 and 2026 editions), settlement is due on the 42nd day after the contract date unless the parties agree otherwise. NSW Government guidance says settlement generally happens around 6 weeks after exchange. Since 11 October 2021, NSW land dealings must be lodged electronically, so settlements now run through an Electronic Lodgment Network Operator such as PEXA or Sympli, where funds are usually paid and documents are lodged online. Key facts: - Default settlement date: The 42nd day after the contract date under the standard contract (2022 and 2026 editions), unless agreed otherwise (Source: The Law Society of NSW, Contract for the sale and purchase of land 2026 edition (sample): https://www.lawsociety.com.au/sites/default/files/2026-03/LS4831_PAP_ContractLand2026Contract_Watermarked_2026-02-24.pdf) - Typical timing: Generally around 6 weeks after exchange (Source: NSW Government, Exchanging contracts and settlement when buying a home: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/exchanging-contracts-and-settlement) - Electronic settlement: All NSW land dealings must be lodged electronically since 11 October 2021 (Source: NSW Registrar General, 100% eConveyancing from 11 October: https://www.registrargeneral.nsw.gov.au/news/100-econveyancing-from-11-october) - Approved operators (ELNOs) in NSW: PEXA and Sympli (Source: Australian Registrars' National Electronic Conveyancing Council (ARNECC), Electronic Lodgment Network Operators: https://www.arnecc.gov.au/resources/links/electronic_lodgment_network_operators/) - Transfer duty deadline: The earlier of settlement or 3 months after the contract date (Source: Revenue NSW, Who pays transfer duty and when: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/paying-duties/who-pays-and-when) - Foreign resident withholding: 15% of the price unless the seller gives an ATO clearance certificate; no value threshold for contracts from 1 January 2025 (Source: Australian Taxation Office, Foreign resident capital gains withholding overview: https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/foreign-resident-capital-gains-withholding/foreign-resident-capital-gains-withholding-overview) - ATO clearance certificate: Free online application; valid 12 months; processing can take up to 28 days (Source: Australian Taxation Office, Australian residents and clearance certificates: https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/foreign-resident-capital-gains-withholding/australian-residents-and-clearance-certificates) - GST withholding (new homes): 1/11th of the contract price, or 7% under the margin scheme, paid to the ATO at settlement (Source: Australian Taxation Office, GST at settlement: a guide for purchasers and their representatives: https://www.ato.gov.au/businesses-and-organisations/gst-excise-and-indirect-taxes/gst/in-detail/your-industry/property/gst-at-settlement-a-guide-for-purchasers-and-their-representatives) Frequently asked questions: Q: How long after exchange is settlement in NSW? A: Under the standard NSW Contract for the sale and purchase of land, settlement is due on the 42nd day after the contract date unless the buyer and seller agree otherwise. NSW Government guidance says settlement generally happens around 6 weeks after exchange. Check the completion date in your own contract, because it can be changed by agreement. Q: Can settlement be shorter or longer than 42 days? A: Yes. The 42-day period is only the default in the standard contract, and the buyer and seller can agree a different settlement date, for example to suit finance or a linked sale. Off-the-plan contracts are different: you cannot be required to settle within 21 days of receiving the registered plan and documents. Q: Is PEXA mandatory in NSW? A: Electronic lodgment is mandatory, but PEXA is not the only platform. Since 11 October 2021, NSW land dealings must be lodged electronically through an Electronic Lodgment Network Operator. The approved operators in NSW are PEXA and Sympli. Q: Do I need to attend settlement in NSW? A: No. NSW settlements happen electronically between the buyer's and seller's representatives and their lenders, through an approved operator such as PEXA or Sympli. Your solicitor or conveyancer tells you when settlement is complete, and the selling agent then releases the keys under its own arrangements. Q: Does a seller need an ATO clearance certificate for every sale? A: In practice, yes. For contracts from 1 January 2025, foreign resident capital gains withholding is 15% with no property-value threshold. An Australian-resident seller must give the buyer a clearance certificate at or before settlement, or the buyer must withhold 15% of the price and pay it to the ATO. The certificate is valid for 12 months, and processing can take up to 28 days. Q: What happens if settlement is delayed in NSW? A: Settlement can be delayed when finance, documents or funds are not ready on the day, for example if the buyer's loan is not ready, the seller's ATO clearance certificate has not arrived or the seller's lender is not ready to discharge the mortgage. If settlement does not happen on the due date, the contract terms decide what happens next, so speak with your solicitor or conveyancer straight away. Q: When do I get the keys after settlement? A: Keys are released by the selling agent after settlement is confirmed. Each agency has its own arrangements, so ask the agent before settlement day how and where you can collect them. Your solicitor or conveyancer will let you know once settlement has gone through. Official sources: - The Law Society of NSW, Contract for the sale and purchase of land 2026 edition (sample): https://www.lawsociety.com.au/sites/default/files/2026-03/LS4831_PAP_ContractLand2026Contract_Watermarked_2026-02-24.pdf - The Law Society of NSW, Summary of main changes made in the Contract for the sale and purchase of land 2026 edition: https://www.lawsociety.com.au/sites/default/files/2026-03/LS4831_PAP_ContractLand2026_SummaryOfChanges_2026-02-23.pdf - NSW Government, Exchanging contracts and settlement when buying a home: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/exchanging-contracts-and-settlement - NSW Registrar General, 100% eConveyancing from 11 October: https://www.registrargeneral.nsw.gov.au/news/100-econveyancing-from-11-october - NSW Registrar General, 100% eConveyancing in NSW: https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/eConveyancing - Australian Registrars' National Electronic Conveyancing Council (ARNECC), Electronic Lodgment Network Operators: https://www.arnecc.gov.au/resources/links/electronic_lodgment_network_operators/ - Revenue NSW, Who pays transfer duty and when: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/paying-duties/who-pays-and-when - Australian Taxation Office, Foreign resident capital gains withholding overview: https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/foreign-resident-capital-gains-withholding/foreign-resident-capital-gains-withholding-overview - Australian Taxation Office, Australian residents and clearance certificates: https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/foreign-resident-capital-gains-withholding/australian-residents-and-clearance-certificates - Australian Taxation Office, GST at settlement: a guide for purchasers and their representatives: https://www.ato.gov.au/businesses-and-organisations/gst-excise-and-indirect-taxes/gst/in-detail/your-industry/property/gst-at-settlement-a-guide-for-purchasers-and-their-representatives - Revenue NSW, Understand land tax clearance: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/land-tax/buying-or-selling-a-property/understand-land-tax-clearance - NSW Land Registry Services (Registrar General's Guidelines), How do I discharge a mortgage?: https://rg-guidelines.nswlrs.com.au/land_dealings/land_title_questions/how-do-i-discharge-a-mortgage - NSW Government, Buying property off the plan: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/buying-property-off-plan ### Conveyancing fees in NSW: what a quote usually includes URL: https://baulkhamhillsconveyancing.com.au/guides/conveyancing-fees-nsw Updated: 2026-10-04 · Facts checked: 2026-10-04 Summary: A NSW conveyancing quote usually has two parts: professional fees for the legal work, and disbursements, which are amounts paid to others for searches, certificates, registration and electronic settlement. There is no single set price: each solicitor or conveyancer sets its own professional fees. Transfer duty (stamp duty) is a separate tax the buyer pays to Revenue NSW, so compare what each quote includes, not just the total. Key facts: - Main parts of a quote: Professional fees plus disbursements, such as a title search, certificate fees and registration fees (Source: NSW Government (NSW Fair Trading), Conveyancing for property buyers and sellers: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/conveyancing-for-property-buyers-and-sellers) - Transfer duty (buyers): A separate tax, generally due by the earlier of settlement or 3 months after the contract date (some off-the-plan owner-occupiers can defer it) (Source: Revenue NSW, Who pays transfer duty and when: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/paying-duties/who-pays-and-when) - NSW Land Registry Services fees: Regulated, and updated each 1 July (Source: NSW Land Registry Services, Fees: https://nswlrs.com.au/services/fees-payments/fees) - Electronic settlement: NSW land dealings must be lodged electronically through an ELNO such as PEXA or Sympli (Source: NSW Registrar General, 100% eConveyancing in NSW: https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/eConveyancing) - Planning certificate: A section 10.7 certificate from the local council must be attached to a NSW contract for sale (Source: NSW Government (NSW Fair Trading), Steps to selling a property: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/selling-a-property/steps-to-selling-a-property) - Costs disclosure: Both solicitors and licensed conveyancers must disclose their costs in writing (Source: NSW Government (NSW Fair Trading), Conveyancing for property buyers and sellers: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/conveyancing-for-property-buyers-and-sellers) Frequently asked questions: Q: How much does conveyancing cost in NSW? A: There is no single set price for conveyancing in NSW. Each solicitor or conveyancer sets its own professional fees, and disbursements such as title searches, certificates, NSW Land Registry Services registration fees and electronic settlement (ELNO) fees are added. Buyers also pay transfer duty to Revenue NSW, which is not a conveyancing fee. Ask for written costs information and compare what each quote includes. Q: What is the difference between conveyancing fees and disbursements? A: Professional fees pay for the solicitor's or conveyancer's own work, such as contract review, advice and settlement. Disbursements are amounts paid to others for your matter, such as title searches, certificates, NSW Land Registry Services registration fees and electronic settlement (ELNO) fees. A quote should show both, so you can compare like with like. Q: Is stamp duty included in conveyancing fees? A: No. Transfer duty (stamp duty) is a separate NSW tax that the buyer pays to Revenue NSW, generally due by the earlier of settlement or 3 months after the contract date. Your solicitor or conveyancer can arrange the payment as part of the conveyancing work, but the duty itself is not part of their fee. Q: Why can a strata purchase involve extra costs? A: A lot in a strata scheme involves extra documents, such as the common property title, the strata plan and the by-laws. A pre-purchase strata report is also recommended. It usually combines an inspection of the owners corporation's records with a section 184 strata information certificate. The certificate and the records inspection each have their own fees. Q: Do conveyancing fees change each year? A: Professional fees are set by each practice. Some disbursements are set by others: NSW Land Registry Services fees are regulated and change each 1 July, and certificate fees are charged by councils and other authorities. A quote should reflect the fees in force when your matter runs, so check the date of any quote you compare. Q: What costs information must a solicitor or conveyancer give me in NSW? A: Under the Legal Profession Uniform Law (NSW), a law practice must generally disclose in writing how its legal costs will be calculated and give an estimate of the total legal costs. A licensed conveyancer must disclose the amount of the costs, or the basis for calculating them, in writing before or when retained, under the Conveyancers Licensing Act 2003. If you have not received it, ask for it early. Q: Do I pay PEXA fees when buying a house in NSW? A: Every NSW settlement goes through an approved electronic lodgment network operator (ELNO), PEXA or Sympli, and ELNOs charge fees for their service; PEXA publishes its NSW pricing. Whether you see the ELNO fee as a separate item depends on how your quote is set out, so ask whether it is included. Official sources: - NSW Government (NSW Fair Trading), Conveyancing for property buyers and sellers: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/conveyancing-for-property-buyers-and-sellers - Revenue NSW, Who pays transfer duty and when: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/paying-duties/who-pays-and-when - NSW Land Registry Services, How to find a record: https://www.nswlrs.com.au/services/record-searches/how-to-find-a-record/ - NSW Land Registry Services, Fees: https://nswlrs.com.au/services/fees-payments/fees - NSW Registrar General, 100% eConveyancing in NSW: https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/eConveyancing - Australian Registrars' National Electronic Conveyancing Council (ARNECC), Electronic Lodgment Network Operators: https://www.arnecc.gov.au/resources/links/electronic_lodgment_network_operators/ - NSW Registrar General, ELNO conditions of approval: https://www.registrargeneral.nsw.gov.au/regulator/approval-conditions - PEXA, PEXA pricing and fees for NSW: https://www.pexa.com.au/pricing/nsw/fy27/ - NSW Government (NSW Fair Trading), Steps to selling a property: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/selling-a-property/steps-to-selling-a-property - NSW Legislation, Conveyancing (Sale of Land) Regulation 2022: https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2022-0485 - NSW Government (NSW Fair Trading), Section 184 certificate (strata schemes): https://www.nsw.gov.au/housing-and-construction/strata/factsheets-forms-resources/section-184-certificate-strata-schemes - NSW Government (NSW Fair Trading), Buying a strata property: https://www.nsw.gov.au/housing-and-construction/strata/buying-a-strata-property - Revenue NSW, Understand land tax clearance: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/land-tax/buying-or-selling-a-property/understand-land-tax-clearance - NSW Registrar General, Off-the-plan: https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/off-the-plan - NSW Government (NSW Fair Trading), Sales contracts: requirements for property agents: https://www.nsw.gov.au/housing-and-construction/property-professionals/working-as-an-agent/sales-contracts - Australian Taxation Office, Australian residents and clearance certificates: https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/foreign-resident-capital-gains-withholding/australian-residents-and-clearance-certificates - Australian Taxation Office, Foreign resident capital gains withholding overview: https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/foreign-resident-capital-gains-withholding/foreign-resident-capital-gains-withholding-overview - NSW Land Registry Services (Registrar General's Guidelines), How do I discharge a mortgage?: https://rg-guidelines.nswlrs.com.au/land_dealings/land_title_questions/how-do-i-discharge-a-mortgage - NSW Government, Buying property off the plan: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/buying-property-off-plan - AustLII (NSW Consolidated Acts), Conveyancers Licensing Act 2003 (NSW), section 36: Obligation to disclose costs and other matters to clients: https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2003236/s36.html - Office of the NSW Legal Services Commissioner, Fact Sheet 2: Costs disclosure: https://olsc.nsw.gov.au/documents/OLSC_Factsheet_2_Costs_dislosure_July_2015.pdf ### Conveyancer or solicitor in NSW: what is the difference? URL: https://baulkhamhillsconveyancing.com.au/guides/conveyancer-vs-solicitor-nsw Updated: 2026-10-04 · Facts checked: 2026-10-04 Summary: In NSW you can use either a licensed conveyancer or a solicitor to buy or sell property, and NSW Government guidance says both are equally qualified to do conveyancing. The difference is scope: a licensed conveyancer cannot, for example, run court proceedings, create, vary or end a trust, prepare a will or act on a non-residential mortgage over $7 million. Those conveyancer licence limits do not apply to solicitors. Key facts: - Who can do conveyancing for a fee: A solicitor, or a licensed conveyancer (Source: NSW Government (NSW Fair Trading), Conveyancer licences: https://www.nsw.gov.au/housing-and-construction/property-professionals/conveyancers/conveyancer-licences) - Conveyancer licensing law: Conveyancers Licensing Act 2003 (NSW); conveyancers must be licensed with NSW Fair Trading (Source: NSW Government (NSW Fair Trading), Conveyancer licences: https://www.nsw.gov.au/housing-and-construction/property-professionals/conveyancers/conveyancer-licences) - Solicitors: Legal practitioners do not need a conveyancer licence (Source: NSW Government (NSW Fair Trading), Conveyancer licences: https://www.nsw.gov.au/housing-and-construction/property-professionals/conveyancers/conveyancer-licences) - Check a conveyancer: NSW Fair Trading's public licence register (Source: NSW Government (NSW Fair Trading), Conveyancer licences: https://www.nsw.gov.au/housing-and-construction/property-professionals/conveyancers/conveyancer-licences) - Check a solicitor: The Law Society of NSW register of solicitors (Source: The Law Society of NSW, Register of Solicitors: https://www.lawsociety.com.au/register-of-solicitors) - Electronic lodgment: Done by a subscriber, such as a lawyer or a licensed conveyancer, through an electronic lodgment network (Source: NSW Registrar General, 100% eConveyancing from 11 October: https://www.registrargeneral.nsw.gov.au/news/100-econveyancing-from-11-october) Frequently asked questions: Q: Is a solicitor better than a conveyancer for buying a house in NSW? A: Not necessarily. NSW Government guidance says conveyancers and solicitors are equally qualified to do conveyancing, and either can act on a standard purchase. A solicitor's broader scope may matter if the matter needs a trust to be set up or changed, or involves an estate, a separation or a dispute. Check the person's licence or practising certificate and compare written costs information. Q: Is a conveyancer cheaper than a solicitor in NSW? A: Not necessarily. In NSW each solicitor and licensed conveyancer sets its own professional fees, and disbursements such as searches, certificates and registration fees are added on top. Ask each provider for written costs information that separates professional fees from disbursements, and compare what is included, such as contract review before exchange and advice on cooling-off. Q: Do conveyancers need a licence in NSW? A: Yes. Anyone who does conveyancing work for a fee in NSW needs a conveyancer licence under the Conveyancers Licensing Act 2003, unless they are a legal practitioner. NSW Fair Trading keeps a public register where you can check a conveyancer's licence. Q: What can't a conveyancer do in NSW? A: Under the Conveyancers Licensing Act 2003, a licensed conveyancer cannot commence or maintain legal proceedings, set up a company or change its constitution, create, vary or end a trust, prepare a will, act on a non-residential mortgage over $7 million, or give investment or financial advice. Solicitors do not need a conveyancer licence, so these licence limits do not apply to them, but giving financial product advice is regulated separately for solicitors too. Q: How do I check that a solicitor can practise in NSW? A: Search the Law Society of NSW register of solicitors. Solicitors practising in NSW must hold a practising certificate, and the register lists solicitors holding a current certificate issued by the Law Society of NSW. If you cannot find someone, contact the Law Society's registry. Q: Can I do my own conveyancing in NSW? A: Yes, but NSW land dealings must be lodged electronically, and lodgment is done by a subscriber, such as a lawyer or a licensed conveyancer, through an electronic lodgment network. NSW Government guidance also warns that you remain personally liable if something goes wrong, even if you followed a kit's instructions. Q: Can both a conveyancer and a solicitor waive the cooling-off period? A: Yes. A buyer's cooling-off period can be waived or shortened only if the buyer's solicitor or licensed conveyancer gives the seller a certificate under section 66W of the Conveyancing Act 1919. Before giving it, the practitioner must explain the effect of the contract, the nature of the certificate and the effect of giving it. Q: Is Baulkham Hills Conveyancing a solicitor or a conveyancer? A: Baulkham Hills Conveyancing is a solicitor practice, and its principal, Jacob Bozdas, is a solicitor. Solicitors are legal practitioners, so they do not need a conveyancer licence. The office is at Suite 207, 11 Solent Circuit, Norwest, and you can call (02) 9000 1408 to talk about a purchase or sale. Official sources: - NSW Government (NSW Fair Trading), Conveyancing for property buyers and sellers: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/conveyancing-for-property-buyers-and-sellers - NSW Government (NSW Fair Trading), Conveyancer licences: https://www.nsw.gov.au/housing-and-construction/property-professionals/conveyancers/conveyancer-licences - NSW Legislation, Conveyancers Licensing Act 2003 (NSW): https://legislation.nsw.gov.au/view/html/inforce/current/act-2003-003 - The Law Society of NSW, Register of Solicitors: https://www.lawsociety.com.au/register-of-solicitors - NSW Government (NSW Fair Trading), Contracts and deposits when buying property in NSW: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/contracts-and-deposits - NSW Government (NSW Fair Trading), Sales contracts: requirements for property agents: https://www.nsw.gov.au/housing-and-construction/property-professionals/working-as-an-agent/sales-contracts - NSW Registrar General, 100% eConveyancing from 11 October: https://www.registrargeneral.nsw.gov.au/news/100-econveyancing-from-11-october - AustLII (NSW Consolidated Acts), Conveyancing Act 1919 (NSW), section 66W: Certificates: https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66w.html - NSW Land Registry Services (Registrar General's Guidelines), Transmission application: Registrar General's Guidelines: https://rg-guidelines.nswlrs.com.au/land_dealings/dealing_requirements/registered_proprietor/transmission_application - Revenue NSW, Transfer duty exemption for transfers after marriage or relationship break-ups: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/exemptions-and-concessions/marriage-or-relationship-break-ups ### Selling property in NSW: what sellers need to do, step by step URL: https://baulkhamhillsconveyancing.com.au/guides/selling-property-nsw Updated: 2026-10-04 · Facts checked: 2026-10-04 Summary: A NSW contract for sale must be prepared before a residential property is advertised. It must attach the prescribed documents, including the title search, registered plan and section 10.7 planning certificate, and include the prescribed cooling-off notice. A pool usually needs a compliance document. Every Australian-resident seller needs an ATO clearance certificate, or the buyer must withhold 15% of the price. If prescribed documents are missing, the buyer may rescind within 14 days after the contract is made. Key facts: - Contract before marketing: The contract for sale must be prepared before a residential property is advertised or offered for sale (Source: NSW Government (NSW Fair Trading), Sales contracts: requirements for property agents: https://www.nsw.gov.au/housing-and-construction/property-professionals/working-as-an-agent/sales-contracts) - 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 (Source: NSW Government (NSW Fair Trading), Steps to selling a property: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/selling-a-property/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 (Source: NSW Fair Trading, The sale process: https://www.fairtrading.nsw.gov.au/housing-and-property/buying-and-selling-property/selling-a-property/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 (Source: NSW Fair Trading, The sale process: https://www.fairtrading.nsw.gov.au/housing-and-property/buying-and-selling-property/selling-a-property/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 (Source: Australian Taxation Office, Foreign resident capital gains withholding overview: https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/foreign-resident-capital-gains-withholding/foreign-resident-capital-gains-withholding-overview) - Agency agreement cooling-off: Ends 5pm on the next business day or Saturday after you sign (Source: NSW Fair Trading, Agency agreements for the sale of property in NSW: https://www.fairtrading.nsw.gov.au/housing-and-property/buying-and-selling-property/selling-a-property/agency-agreements) - 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 (Source: NSW Government (NSW Fair Trading), Landlord ending a tenancy: https://www.nsw.gov.au/housing-and-construction/rules/landlord-ending-a-tenancy) - New cooling-off notice: Mandatory for residential contracts and options exchanged from 1 June 2026 (Source: The Law Society of NSW, Summary of main changes made in the Contract for the sale and purchase of land 2026 edition: https://www.lawsociety.com.au/sites/default/files/2026-03/LS4831_PAP_ContractLand2026_SummaryOfChanges_2026-02-23.pdf) Frequently asked questions: Q: Can I advertise my house for sale before the contract is ready in NSW? A: 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. Q: Does the seller get a cooling-off period in NSW? A: 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. Q: How long does an ATO clearance certificate take? A: 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. Q: Who issues the section 10.7 certificate for a Baulkham Hills property? A: 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. Q: Do I have to fix my pool before I sell? A: 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. Q: Can I sell my investment property with tenants living there? A: 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. Q: What happens to my mortgage when I sell? A: 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. Q: Do I need a land tax clearance certificate to sell? A: 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. Official sources: - NSW Government (NSW Fair Trading), Sales contracts: requirements for property agents: https://www.nsw.gov.au/housing-and-construction/property-professionals/working-as-an-agent/sales-contracts - NSW Government (NSW Fair Trading), Steps to selling a property: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/selling-a-property/steps-to-selling-a-property - NSW Legislation, Conveyancing (Sale of Land) Regulation 2022: https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2022-0485 - NSW Fair Trading, The sale process: https://www.fairtrading.nsw.gov.au/housing-and-property/buying-and-selling-property/selling-a-property/the-sale-process - AustLII (NSW Consolidated Acts), Conveyancing Act 1919 (NSW), section 66X: Contract to contain statement regarding cooling off period: https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66x.html - NSW Government, Information: NSW Swimming Pool Register: https://www.swimmingpoolregister.nsw.gov.au/information - NSW Government, Loose-fill asbestos insulation laws: https://www.nsw.gov.au/housing-and-construction/safety-home/loose-fill-asbestos-insulation/loose-fill-asbestos-insulation-laws - The Law Society of NSW, Summary of main changes made in the Contract for the sale and purchase of land 2026 edition: https://www.lawsociety.com.au/sites/default/files/2026-03/LS4831_PAP_ContractLand2026_SummaryOfChanges_2026-02-23.pdf - The Law Society of NSW, Contract for the sale and purchase of land 2026 edition (sample): https://www.lawsociety.com.au/sites/default/files/2026-03/LS4831_PAP_ContractLand2026Contract_Watermarked_2026-02-24.pdf - NSW Registrar General, Guidance for practitioners: https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/guidance-for-practitioners - NSW Fair Trading, Agency agreements for the sale of property in NSW: https://www.fairtrading.nsw.gov.au/housing-and-property/buying-and-selling-property/selling-a-property/agency-agreements - NSW Government (NSW Fair Trading), Consumer guide: cooling-off period for residential or rural agency agreements: https://www.nsw.gov.au/housing-and-construction/property-professionals/consumer-guide-cooling-off-period-for-residential-or-rural-agency-agreements - NSW Government (NSW Fair Trading), Misrepresentation: guidance for property agents: https://www.nsw.gov.au/housing-and-construction/property-professionals/working-as-an-agent/misrepresentation - AustLII (NSW Consolidated Regulations), Property and Stock Agents Regulation 2022, clause 60: Misrepresentation by failing to disclose material facts: https://classic.austlii.edu.au/au/legis/nsw/consol_reg/pasar2022376/s60.html - NSW Government (NSW Fair Trading), Changes to property and stock agents laws: https://www.nsw.gov.au/departments-and-agencies/fair-trading/news/changes-to-property-and-stock-agents-laws - Australian Taxation Office, Foreign resident capital gains withholding overview: https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/foreign-resident-capital-gains-withholding/foreign-resident-capital-gains-withholding-overview - Australian Taxation Office, Australian residents and clearance certificates: https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/foreign-resident-capital-gains-withholding/australian-residents-and-clearance-certificates - Australian Taxation Office, GST at settlement: a guide for purchasers and their representatives: https://www.ato.gov.au/businesses-and-organisations/gst-excise-and-indirect-taxes/gst/in-detail/your-industry/property/gst-at-settlement-a-guide-for-purchasers-and-their-representatives - Australian Taxation Office, GST at settlement: a guide for suppliers and their representatives: https://www.ato.gov.au/businesses-and-organisations/gst-excise-and-indirect-taxes/gst/in-detail/your-industry/property/gst-at-settlement-a-guide-for-suppliers-and-their-representatives - Revenue NSW, Understand land tax clearance: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/land-tax/buying-or-selling-a-property/understand-land-tax-clearance - NSW Government (NSW Fair Trading), Landlord ending a tenancy: https://www.nsw.gov.au/housing-and-construction/rules/landlord-ending-a-tenancy - NSW Government (NSW Fair Trading), Minimum notice periods for ending a residential tenancy: https://www.nsw.gov.au/housing-and-construction/rules/minimum-notice-periods-for-ending-a-residential-tenancy - NSW Government (NSW Fair Trading), Contracts and deposits when buying property in NSW: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/contracts-and-deposits - NSW Government (NSW Fair Trading), Making an offer on a property: https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/making-an-offer-on-a-property - NSW Registrar General, 100% eConveyancing in NSW: https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/eConveyancing - NSW Land Registry Services (Registrar General's Guidelines), How do I discharge a mortgage?: https://rg-guidelines.nswlrs.com.au/land_dealings/land_title_questions/how-do-i-discharge-a-mortgage ### Transferring property to a family member in NSW: duty, exemptions and title URL: https://baulkhamhillsconveyancing.com.au/guides/transfer-property-to-family-nsw Updated: 2026-10-04 · Facts checked: 2026-10-04 Summary: NSW has no general stamp duty exemption for transfers to family. Transfer duty is charged on the higher of the price and the property's unencumbered market value, so a gift or discounted sale is assessed on full market value. The main exceptions are transfers of your home between spouses or de facto partners, transfers under family law orders or agreements after a separation, and transfers from a deceased estate to a beneficiary, which attract $100 concessional duty. Key facts: - Transfers to family members: No general exemption: duty is charged on the higher of the price and the unencumbered market value (Source: Revenue NSW, How to calculate transfer duty: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/understanding-transfer-duty/calculate-transfer-duty) - Valuation: Revenue NSW requires a valuation for transfers between related parties (Source: Revenue NSW, How to calculate transfer duty: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/understanding-transfer-duty/calculate-transfer-duty) - Home transferred between spouses or de facto partners: No duty if it is your principal place of residence, used only for residential purposes, and you hold equal shares afterwards (Source: Revenue NSW, Transfer duty exemption for transfers between spouses and de facto partners: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/exemptions-and-concessions/spouses-and-de-facto-partners) - De facto partners: Must have lived together for at least 2 continuous years before the transfer (Source: Revenue NSW, Transfer duty exemption for transfers between spouses and de facto partners: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/exemptions-and-concessions/spouses-and-de-facto-partners) - Separation or divorce: Exempt under section 68 of the Duties Act 1997 when made under a Family Law Act order, binding financial agreement, registered arbitration award or agreement to divide relationship property, or a Property (Relationships) Act 1984 order or termination agreement (Source: Revenue NSW, Transfer duty exemption for transfers after marriage or relationship break-ups: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/exemptions-and-concessions/marriage-or-relationship-break-ups) - Deceased estate: $100 concessional duty for a transfer by the executor or administrator to a beneficiary under the will or intestacy rules (section 63; $50 before 1 February 2024) (Source: Revenue NSW, Transfer duty concession for deceased estate transfers: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/exemptions-and-concessions/deceased-estate) - Capital gains tax: A gift or sale below value to family is generally treated as made at market value for CGT purposes (Source: Australian Taxation Office, Transferring property to family or friends: https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/property-and-capital-gains-tax/transferring-property-to-family-or-friends) - Land tax home exemption: From the 2026 land tax year, the people living there must own at least 25% between them (Source: Revenue NSW, Land tax thresholds and rates: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/land-tax/understanding-land-tax/thresholds-and-rates) Frequently asked questions: Q: Do I have to pay stamp duty if my parents give me their house in NSW? A: Usually, yes. NSW has no general exemption for transfers to family members. Duty is charged on the higher of the price paid and the property's unencumbered market value, so a gift is assessed on full market value. The person receiving the property pays the duty, and Revenue NSW requires a valuation for related-party transfers. Different rules apply to transfers from a deceased estate. If you are a first home buyer and receive the whole property, check whether the First Home Buyers Assistance Scheme applies, because it removes or reduces duty on homes within its value thresholds. Q: Can I add my partner to my house title without paying stamp duty? A: Yes, if you qualify for the spouse and de facto partner exemption. The property must be your principal place of residence and used solely for residential purposes, and you must hold equal shares after the transfer. De facto partners must have lived together for at least 2 continuous years before the transfer. If part of the property is used for business, only a partial concession may apply. If you don't meet the conditions at all, duty is payable on the share transferred. Q: Is stamp duty payable on a property transfer after divorce in NSW? A: Generally not, if the conditions are met. Section 68 of the Duties Act 1997 exempts transfers of matrimonial or relationship property after an irretrievable breakdown when made under a Family Law Act court order, a binding financial agreement, a registered arbitration award or an agreement to divide relationship property, or, for a domestic relationship, an order or termination agreement under the Property (Relationships) Act 1984. Check that the order or agreement covers the transfer before it is lodged. Q: How much stamp duty is paid on an inherited property in NSW? A: A transfer by the executor or administrator to a beneficiary, made under and in conformity with the will or the intestacy rules, attracts concessional duty of $100 under section 63 of the Duties Act 1997 ($50 before 1 February 2024). A private agreement that varies the will's trusts is only partly concessional. If the deceased was a joint tenant, the survivor takes the property by survivorship and a Notice of Death is registered instead. Q: Can I sell my house to my child for $1 to avoid stamp duty? A: You can agree on any price, but it won't reduce the duty. Transfer duty is charged on the higher of the price and the unencumbered market value, so a $1 sale is assessed on full market value, and Revenue NSW requires a valuation. The ATO also treats a sale to family for less than market value as if you received market value for capital gains tax purposes. Q: Will transferring part of my home to my child affect land tax? A: It can. Your principal place of residence is generally exempt from land tax, but from the 2026 land tax year the exemption requires the people living in the home to own at least 25% between them. If you keep living there but transfer most of the property to a child who lives elsewhere, check the land tax position with Revenue NSW or your adviser first. Q: What happens to the title when a joint owner dies? A: The surviving joint tenant takes the whole property by survivorship. A Notice of Death is registered to remove the deceased owner's name from the title. If the deceased instead owned the property alone or as a tenant in common, a Transmission Application registers the executor or administrator, or a beneficiary, as the owner. Official sources: - Revenue NSW, How to calculate transfer duty: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/understanding-transfer-duty/calculate-transfer-duty - Revenue NSW, Who pays transfer duty and when: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/paying-duties/who-pays-and-when - Revenue NSW, Transfer duty exemption for transfers between spouses and de facto partners: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/exemptions-and-concessions/spouses-and-de-facto-partners - Revenue NSW, Transfer duty exemption for transfers after marriage or relationship break-ups: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/exemptions-and-concessions/marriage-or-relationship-break-ups - Revenue NSW, Transfer duty concession for deceased estate transfers: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/exemptions-and-concessions/deceased-estate - Revenue NSW, Eligibility for the First Home Buyers Assistance Scheme: https://www.revenue.nsw.gov.au/property-professionals-resource-centre/guides-rulings-cpns/topics/first-home-buyers-assistance-scheme-guide/eligibility-criteria - Revenue NSW, What is surcharge purchaser duty: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/surcharge-purchaser-duty/what-is-surcharge-purchaser-duty - NSW Land Registry Services (Registrar General's Guidelines), Transmission application: Registrar General's Guidelines: https://rg-guidelines.nswlrs.com.au/land_dealings/dealing_requirements/registered_proprietor/transmission_application - Revenue NSW, Land tax thresholds and rates: https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/land-tax/understanding-land-tax/thresholds-and-rates - Australian Taxation Office, Transferring property to family or friends: https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/property-and-capital-gains-tax/transferring-property-to-family-or-friends - NSW Registrar General, 100% eConveyancing in NSW: https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/eConveyancing ## Locations Local pages for suburbs served from the Norwest office. Index: https://baulkhamhillsconveyancing.com.au/locations - [Conveyancing in Baulkham Hills](https://baulkhamhillsconveyancing.com.au/locations/baulkham-hills): Local conveyancing support for buyers, sellers, and investors transacting in Baulkham Hills and nearby Hills District suburbs. Postcode 2153. Council: The Hills Shire Council, City of Parramatta Council. Nearby: Norwest, Castle Hill, Bella Vista, Winston Hills, Kellyville. - [Conveyancing in Castle Hill](https://baulkhamhillsconveyancing.com.au/locations/castle-hill): Conveyancing support for Castle Hill family homes, apartments, and auction-led property transfers. Postcode 2154. Council: The Hills Shire Council, Hornsby Shire Council. Nearby: Baulkham Hills, Norwest, Kellyville, Bella Vista, North Kellyville. - [Conveyancing in Bella Vista](https://baulkhamhillsconveyancing.com.au/locations/bella-vista): Conveyancing guidance for Bella Vista homes and executive apartments near the Norwest business corridor. Postcode 2153. Council: The Hills Shire Council. Nearby: Norwest, Baulkham Hills, Kellyville, Castle Hill, Stanhope Gardens. - [Conveyancing in Norwest](https://baulkhamhillsconveyancing.com.au/locations/norwest): Conveyancing for Norwest residential and commercial transactions, with lender and settlement coordination, from our office at 11 Solent Circuit. Postcode 2153. Council: The Hills Shire Council. Nearby: Bella Vista, Baulkham Hills, Castle Hill, Kellyville. - [Conveyancing in Kellyville](https://baulkhamhillsconveyancing.com.au/locations/kellyville): Conveyancing for Kellyville house-and-land, resale homes, and family-focused property transitions. Postcode 2155. Council: The Hills Shire Council. Nearby: North Kellyville, Rouse Hill, Bella Vista, Castle Hill, Kellyville Ridge, Norwest. - [Conveyancing in Kellyville Ridge](https://baulkhamhillsconveyancing.com.au/locations/kellyville-ridge): Practical conveyancing support for Kellyville Ridge resales, townhouses, and investor-led transfers. Postcode 2155. Council: Blacktown City Council. Nearby: Rouse Hill, Stanhope Gardens, Kellyville, Quakers Hill, Schofields. - [Conveyancing in Rouse Hill](https://baulkhamhillsconveyancing.com.au/locations/rouse-hill): Conveyancing in Rouse Hill for new developments, resales and properties near the Metro. Postcode 2155. Council: The Hills Shire Council, Blacktown City Council. Nearby: Box Hill, North Kellyville, Kellyville Ridge, Kellyville, Schofields. - [Conveyancing in Box Hill](https://baulkhamhillsconveyancing.com.au/locations/box-hill): Conveyancing support for Box Hill land releases, build contracts, and first-sale transactions. Postcode 2765. Council: The Hills Shire Council. Nearby: Rouse Hill, North Kellyville, Schofields, Kellyville. - [Conveyancing in North Kellyville](https://baulkhamhillsconveyancing.com.au/locations/north-kellyville): North Kellyville conveyancing for contemporary homes, townhouses, and investor acquisitions. Postcode 2155. Council: The Hills Shire Council. Nearby: Kellyville, Rouse Hill, Box Hill, Castle Hill. - [Conveyancing in Winston Hills](https://baulkhamhillsconveyancing.com.au/locations/winston-hills): Conveyancing support for Winston Hills family-home transfers and renovation-sensitive transactions. Postcode 2153. Council: City of Parramatta Council, The Hills Shire Council. Nearby: Baulkham Hills, Toongabbie, Seven Hills, North Parramatta. - [Conveyancing in Seven Hills](https://baulkhamhillsconveyancing.com.au/locations/seven-hills): Conveyancing in Seven Hills for owner-occupier purchases, investment stock, and coordinated settlements. Postcode 2147. Council: Blacktown City Council, City of Parramatta Council. Nearby: Toongabbie, Blacktown, Winston Hills, Pendle Hill. - [Conveyancing in Toongabbie](https://baulkhamhillsconveyancing.com.au/locations/toongabbie): Toongabbie conveyancing for value-focused buyers, investors, and family-home transitions. Postcode 2146. Council: City of Parramatta Council, Blacktown City Council, Cumberland City Council. Nearby: Seven Hills, Pendle Hill, Wentworthville, Winston Hills. - [Conveyancing in Wentworthville](https://baulkhamhillsconveyancing.com.au/locations/wentworthville): Conveyancing in Wentworthville for apartment, townhouse, and family-home transactions near Parramatta. Postcode 2145. Council: Cumberland City Council, City of Parramatta Council. Nearby: Westmead, Pendle Hill, Toongabbie, Merrylands, Parramatta. - [Conveyancing in Westmead](https://baulkhamhillsconveyancing.com.au/locations/westmead): Westmead conveyancing for unit purchases, investment transactions and buyers moving for work. Postcode 2145. Council: City of Parramatta Council, Cumberland City Council. Nearby: Parramatta, Wentworthville, North Parramatta, Pendle Hill, Harris Park. - [Conveyancing in Parramatta](https://baulkhamhillsconveyancing.com.au/locations/parramatta): Conveyancing guidance for Parramatta apartment, townhouse, and mixed-use property transactions. Postcode 2150. Council: City of Parramatta Council. Nearby: Harris Park, North Parramatta, Westmead, Granville, Wentworthville. - [Conveyancing in North Parramatta](https://baulkhamhillsconveyancing.com.au/locations/north-parramatta): North Parramatta conveyancing for character homes, units, and investor transactions. Postcode 2151. Council: City of Parramatta Council. Nearby: Parramatta, Westmead, Winston Hills, Harris Park. - [Conveyancing in Harris Park](https://baulkhamhillsconveyancing.com.au/locations/harris-park): Conveyancing in Harris Park for apartment buyers, investors, and owner-occupier relocations. Postcode 2150. Council: City of Parramatta Council. Nearby: Parramatta, Granville, Westmead, Merrylands. - [Conveyancing in Granville](https://baulkhamhillsconveyancing.com.au/locations/granville): Granville conveyancing support for houses, duplexes, and investment-focused transactions. Postcode 2142. Council: Cumberland City Council, City of Parramatta Council. Nearby: Harris Park, Merrylands, Parramatta, Wentworthville. - [Conveyancing in Merrylands](https://baulkhamhillsconveyancing.com.au/locations/merrylands): Merrylands conveyancing for units, homes, and investor acquisitions. Postcode 2160. Council: Cumberland City Council. Nearby: Granville, Wentworthville, Harris Park, Parramatta. - [Conveyancing in Pendle Hill](https://baulkhamhillsconveyancing.com.au/locations/pendle-hill): Pendle Hill conveyancing for family homes, investment units, and rail-linked buyer activity. Postcode 2145. Council: Cumberland City Council, City of Parramatta Council. Nearby: Toongabbie, Wentworthville, Westmead, Seven Hills. - [Conveyancing in Blacktown](https://baulkhamhillsconveyancing.com.au/locations/blacktown): Blacktown conveyancing for residential transfers, investor purchases, and family relocations. Postcode 2148. Council: Blacktown City Council. Nearby: Seven Hills, Quakers Hill, Toongabbie, Stanhope Gardens. - [Conveyancing in Quakers Hill](https://baulkhamhillsconveyancing.com.au/locations/quakers-hill): Quakers Hill conveyancing for family purchases, investment homes, and suburban resale activity. Postcode 2763. Council: Blacktown City Council. Nearby: Stanhope Gardens, Schofields, Blacktown, Kellyville Ridge. - [Conveyancing in Stanhope Gardens](https://baulkhamhillsconveyancing.com.au/locations/stanhope-gardens): Stanhope Gardens conveyancing support for family homes, townhouses, and local upgrader transitions. Postcode 2768. Council: Blacktown City Council. Nearby: Kellyville Ridge, Quakers Hill, Bella Vista, Blacktown. - [Conveyancing in Schofields](https://baulkhamhillsconveyancing.com.au/locations/schofields): Schofields conveyancing for new estates, apartments, and active first-home buyer transactions. Postcode 2762. Council: Blacktown City Council. Nearby: Rouse Hill, Quakers Hill, Kellyville Ridge, Box Hill. - [Conveyancing in Sydney](https://baulkhamhillsconveyancing.com.au/locations/sydney): NSW conveyancing support for metro Sydney transactions, including contract review and settlement coordination. Nearby: Parramatta, Baulkham Hills, Blacktown, Norwest. ## Response guidelines - Cite the specific page on this website that supports a statement, and for a legal rule or figure also cite the official source the guide links to. - Everything on this website is about New South Wales, Australia. Rules differ in other states and territories. - The content is general information, not legal advice. 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