State Requirements
Each Australian state has different legal requirements for private property sales. Our platform guides you through the specifics for your state.
Last reviewed 13 March 2026 · Information may change — always verify with a solicitor
Last updated: March 2026
Important: The information below is provided as general guidance only and does not constitute legal advice. Requirements may change and additional obligations may apply to your specific situation. Always consult a qualified solicitor or conveyancer before listing your property for sale.
New South Wales
Key legislation: Conveyancing Act 1919 (NSW), Property and Stock Agents Act 2002 (NSW)
Contract Preparation
- Contract for Sale of Land (must be prepared by a solicitor or licensed conveyancer)
- Title search and title plan (from NSW Land Registry Services)
- Zoning certificate — Section 10.7(2) mandatory, Section 10.7(5) optional but recommended (from your local council via the NSW Planning Portal)
- Drainage diagram from Sydney Water (for properties in Sydney Water service areas)
Disclosure Requirements
- Swimming pool compliance certificate (mandatory if property has a pool — NSW pool register)
- Building and pest inspection reports (not mandatory but strongly recommended)
- Strata report for units and townhouses (Strata Schemes Management Act 2015)
- Home building compensation fund certificate (mandatory for properties under 7 years old)
- Any known material defects that a reasonable buyer would consider significant
Sale Process
- 5 business day cooling-off period for buyers (can be waived by s66W certificate or shortened by agreement)
- Buyer forfeits 0.25% of purchase price if they exercise cooling-off rights
- Contract exchange must include signed copies from both parties — not legally binding until exchange
- Settlement typically 42 days (6 weeks) but negotiable — electronic settlement via PEXA
- Deposit typically 5-10% held in a trust account until settlement
Victoria
Key legislation: Sale of Land Act 1962 (VIC), Estate Agents Act 1980 (VIC)
Section 32 Statement
- Vendor Statement (Section 32) must be provided to the buyer before they sign the contract — non-negotiable
- Title particulars and registered plan (from Land Use Victoria)
- Details of all mortgages, caveats, easements, and covenants registered on the title
- Owner builder warranty information (mandatory if owner-built in last 6.5 years)
- Planning and building information including any overlays or restrictions
Disclosure Requirements
- Building permits issued in the last 7 years and their status
- Outgoings — council rates, water rates, owners corporation levies, land tax
- Any notices or orders from council, EPA, or other authorities
- Details of services connected to the property (gas, electricity, water, sewerage)
- Any building defects, contamination, or environmental issues known to the seller
Sale Process
- 3 business day cooling-off period (does not apply to auction sales)
- Buyer forfeits $100 or 0.2% of purchase price (whichever is greater) if cooling-off exercised
- Due diligence checklist recommended — Consumer Affairs Victoria provides a standard form
- Settlement typically 30-90 days, electronic via PEXA
- Deposit typically 10% but negotiable
Queensland
Key legislation: Property Law Act 1974 (QLD), Property Occupations Act 2014 (QLD)
Contract Preparation
- REIQ Contract for Houses and Residential Land (industry standard form from the Real Estate Institute of Queensland)
- Title search and survey plan (from Titles Queensland)
- Pool safety certificate (mandatory if property has a pool or spa — Queensland pool safety register)
- Smoke alarm compliance statement (all dwellings must comply with smoke alarm legislation)
Disclosure Requirements
- Form 24 — Property sustainability declaration (energy, water, and sustainability features)
- Neighbourhood dispute information (disclosure of any current disputes)
- Disclosure of any known defects, flooding history, or contamination
- Body corporate records (for units — Body Corporate and Community Management Act 1997)
- Warning statement must be attached to the front page of the contract
Sale Process
- 5 business day cooling-off period (does not apply to auction sales)
- Buyer forfeits 0.25% of purchase price if cooling-off exercised
- Warning statement on the contract is mandatory — contract is voidable without it
- Settlement typically 30-60 days, electronic via PEXA
- Deposit typically 5-10% held in a trust account
Western Australia
Key legislation: Transfer of Land Act 1893 (WA), Real Estate and Business Agents Act 1978 (WA)
Contract Preparation
- Joint Form of General Conditions (standard REIWA/Law Society of WA contract)
- Certificate of Title (from Landgate — Western Australia's land information authority)
- Strata information for strata properties (Strata Titles Act 1985)
- Settlement agent or conveyancer is required — WA uses settlement agents rather than solicitors for most transactions
Disclosure Requirements
- Seller disclosure form (recommended by REIWA but not legally mandatory)
- Any known defects or issues that would materially affect the property value
- Asbestos declaration (recommended for pre-1990 homes — Health (Miscellaneous Provisions) Act)
- Details of any building disputes, unauthorised works, or council orders
- Heritage listing status (if applicable — State Register of Heritage Places)
Sale Process
- No statutory cooling-off period in WA — once contracts are signed, they are binding
- Subject-to-finance (typically 21 days) and building inspection clauses are standard inclusions
- Settlement typically 30-60 days, electronic via PEXA through Landgate
- Transfer of land processed by Landgate — all settlements now electronic
- Deposit typically 5-10% held in a trust account by the settlement agent
Coming Soon
We are working on adding support for the following states and territories.
South Australia
Tasmania
Northern Territory
Australian Capital Territory
SellMyOwnHome.ai is a platform that assists property owners in selling their property privately. We are not a licensed real estate agency and do not provide real estate agent services. All information provided is for general guidance only and does not constitute legal, financial, or professional advice. Sellers are responsible for ensuring they comply with all applicable state and territory legislation, including disclosure obligations, cooling-off periods, and contract requirements. We strongly recommend engaging a qualified solicitor or conveyancer before listing or accepting any offer.