What to look for in a contract of sale in NSW

New South Wales does not have a separate vendor statement like Victoria's Section 32. Instead, the disclosure is built into the contract for the sale of land: the vendor's solicitor or conveyancer must attach a set of prescribed documents before the property can be marketed.

That means the contract you are handed at an open home is both the deal and the disclosure. This guide walks through what to look at. It is general information, not legal advice, and your solicitor or licensed conveyancer should review the contract before you exchange.

The contract must exist before the property is marketed

NSW Fair Trading explains that a residential property cannot be put on the market until a contract of sale, prepared by a lawyer or licensed conveyancer, has been drawn up and made available. Ask for it early. An agent cannot change any part of the contract; changes are negotiated between the solicitors or conveyancers.

Step 1: Check the prescribed documents are attached

Section 52A of the Conveyancing Act 1919 and Schedule 1 of the Conveyancing (Sale of Land) Regulation 2022 set out the documents that must be attached. NSW Fair Trading lists them as including:

• a property certificate (title search)
• drainage diagrams
• the planning certificate issued by the local council
• any dealings on the lot relating to an easement, profit à prendre, restriction on the use of land or positive covenant
• a notice about smoke alarms and loose-fill asbestos insulation, unless printed in the contract.

If the property has a swimming pool or spa, one of these must also be attached: a valid certificate of compliance, a relevant occupation certificate and evidence of pool registration, or a valid certificate of non-compliance. This does not apply to lots in strata or community schemes with more than two lots, or off-the-plan contracts.

Why it matters: NSW Fair Trading states that if one of these documents is not attached before the contract is signed, the purchaser may rescind within 14 days of exchange. That is a short window, so check the attachments before exchange, not after.

Step 2: The front page

• Vendor: Does the name match the registered proprietor on the title search?
• Price, deposit and deposit holder.
• Completion date: often 42 days. Is it realistic for your finance?
• Inclusions and exclusions: Check the boxes. If the dishwasher, blinds or air conditioning matter to you, make sure they are listed.
• Tenancy: Is the property sold with vacant possession or subject to a lease?
• Cooling-off period: The front page includes the cooling-off statement. Check whether it has been shortened or extended.

Step 3: Title and registered dealings

• Read the property certificate. Look for mortgages, caveats, leases, easements and covenants listed in the second schedule.
• Read the deposited plan. Easements are often shown along boundaries; check their width and purpose.
• Read each registered instrument. A "restriction on the use of land" can limit fences, building materials or the number of dwellings. A positive covenant may require you to maintain a stormwater system such as an on-site detention tank.

More on this in easement on title: what buyers should know.

Step 4: The planning certificate (section 10.7)

The planning certificate tells you the zoning and planning controls that apply, and flags matters such as bushfire-prone land, flood-related controls and contamination. Check:

• Is it a 10.7(2) certificate or a 10.7(2) and (5) certificate? The second includes additional council-held information.
• The date. An old certificate may not reflect recent changes.
• Whether the zoning allows what you want to do, such as a granny flat or dual occupancy.

See section 10.7 planning certificate explained.

Step 5: Drainage diagrams

The sewer service diagram shows where the private sewer lines run and where they connect to the authority's main. Look for pipes or mains running under where you might build. See drainage diagram NSW.

Step 6: Strata or community title

For a strata lot, NSW Government guidance says the seller must include a copy of the strata plan, and the by-laws must be attached to the contract. You should also get a strata search report and a building inspection. See strata report in NSW.

Step 7: Special conditions

The printed standard conditions are only part of the contract. The vendor's solicitor adds special conditions, often several pages. These are where the risk sits. Look for conditions that:

• say you accept the property in its present condition and cannot object to defects or unapproved works
• make late settlement expensive, through high daily penalty interest or notice-to-complete fees
• require you to pay a deposit in full at exchange, or to release the deposit to the vendor before completion
• remove your right to object to anything disclosed or not disclosed
• set very short timeframes, such as for finance
• deal with a deceased estate, mortgagee sale or a related-party transaction.

A special condition is not necessarily unfair. Many are standard. The point is to know which ones are there and ask your conveyancer whether any should be negotiated.

Step 8: Cooling off and the 66W certificate

NSW Fair Trading states that residential buyers get a 5 business day cooling-off period after exchange, ending at 5pm on the fifth business day, or 10 business days for off-the-plan contracts. If you rescind, you pay the vendor 0.25% of the price, which is $250 for every $100,000. There is no cooling off at auction, or on the same day as an auction if the property passes in.

You can waive cooling off by giving a "66W certificate". This requires a lawyer or conveyancer to explain the effect of waiving. Treat it as a decision to be fully ready before exchange.

More detail: cooling-off periods by state.

What the contract will not tell you

The contract and its documents will not tell you about the structural condition of the building, pests, the neighbours, or flood history beyond what council has recorded. Get a pre-purchase building and pest inspection.

How SignSure helps

SignSure reads the NSW contract and attachments you upload, checks which prescribed documents are present, extracts easements and covenants from the title documents, summarises special conditions in plain English and checks the zoning on the NSW planning map. Each finding links to its page. It is not a conveyancer and does not give legal advice.

Upload your NSW contract for a free reading

Frequently asked questions

What documents must be attached to a NSW contract of sale?

The prescribed documents include a title search, drainage diagrams, the council planning certificate, registered dealings for easements, profits à prendre, restrictions on use and positive covenants, and a smoke alarm and loose-fill asbestos notice. Pool documents are needed where relevant.

What happens if a prescribed document is missing?

NSW Fair Trading states the purchaser may rescind the contract within 14 days of exchange. Get advice promptly if you discover this.

How long is the cooling-off period in NSW?

Five business days after exchange for residential property, or ten for off-the-plan. It ends at 5pm on the last day. Rescinding costs 0.25% of the purchase price.

Can the real estate agent change the contract?

No. NSW Fair Trading states an agent cannot change any part of the contract; your solicitor or licensed conveyancer negotiates changes with the vendor's representative.

Do I need a solicitor or conveyancer to buy in NSW?

NSW Government guidance says you must engage a lawyer or licensed conveyancer who is a subscriber to an electronic lodgment network to settle electronically. They should also review the contract.

Sources

• NSW Government, 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 Government, Buying a strata property: https://www.nsw.gov.au/housing-and-construction/strata/buying-a-strata-property
• NSW Government, 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
• Conveyancing (Sale of Land) Regulation 2022 (NSW): https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2022-0485
• Conveyancing Act 1919 (NSW), s 66S (AustLII): https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s66s.html

General information only, not legal advice. Last reviewed 18 October 2026.