Submissions requested - off the plan contracts review by NSW Government

Saturday, 09 Dec 2017 12:00 AM – Tuesday, 30 Jan 2018 12:00 AM 

Public feedback is sought on a raft of proposals aimed at bolstering protections for home buyers purchasing a property off-the-plan, with the NSW Government today releasing a Discussion Paper for comment.

Minister for Finance, Services and Property Victor Dominello said the review will examine the modern application of the Conveyancing Act and tackle a number of issues around off-the-plan contracts. This includes information developers must disclose to buyers, cooling off periods, holding of deposits and sunset clauses.

“Purchasing a property is one of the most significant financial decisions a person or couple will make in their lifetime. It is vital that home buyers have all the relevant information they need to make an informed decision,” Mr Dominello said.

“NSW is booming and buying off-the-plan is becoming increasingly popular. But there are risks involved and buyers must look beyond glossy brochures and fancy display centres.

“The proposals are designed to both strengthen protections for home buyers and provide clarity for developers.”

In November 2015 the Government introduced laws to stop the misuse of sunset clauses in off-the-plan contracts. Under these laws, a developer requires either the permission of the purchaser or Court approval before the sunset clause can be triggered to terminate a contract.

There has been a stark increase in the number of off-the-plan contracts over recent years. In 2006/07 there were 2,148 off-the-plan contracts, contributing to 1.25 per cent of all residential property sales. Last financial year there were 29,022 off-the-plan sales, accounting for about 11.5 per cent of all residential property sales.

A Discussion Paper is available for comment at Submissions close 30 January 2018.

Back to Events
Share on:


Be careful when you use the word ANZAC | 24.04.2018

On this eve of Anzac Day, we thought it was appropriate to look at the word ANZAC and the legal implications of using the word when naming a product, event or...

Read More


"I leave everything to my children" - does this include adopted children? | 16.04.2018

CASE UPDATE Last week, the New South Wales Supreme Court considered the issue whether the words "my children", when used in the context of the dec...

Read More


Know your rights as a beneficiary | 05.04.2018

If you are the beneficiary of a Will it is important to know what your rights are in regards to obtaining and protecting your entitlement. Right to Infor...

Read More