Buying in NSW: how to read the contract for sale
In NSW, prescribed disclosure forms part of the contract for sale. Before marketing, the contract must include documents such as the title search, deposited plan, drainage diagram and council planning certificate under section 10.7. Read these with your conveyancer for title, encumbrance, zoning, drainage and planning issues, and arrange a separate inspection to understand the building's condition.
- 01Read earlyAsk for the contract the day the listing appears
- 02Change before exchangeAnything you want changed, agree it before exchange
- 03Inspect separatelyThe building gets its own inspection, on its own merits
Exchange is the moment it becomes real. Arrive ready.
The disclosure is the contract
Under section 52A of the Conveyancing Act 1919 and its regulations, a NSW residential property must have a contract with prescribed documents before marketing. Ask for it the day the listing appears. It has to exist by then. The vendor also gives implied warranties about adverse matters affecting the land. Missing prescribed documents or a breached warranty may create a rescission right within 14 days of exchange. Have a conveyancer assess the specific contract and facts.
What must be attached
| Document | What to scrutinise |
|---|---|
| Title search | The seller matches the registered owner; every mortgage, caveat, easement and covenant listed against the title |
| Deposited plan | The lot’s boundaries and any easements, checked against fences and proposed work |
| Drainage / sewerage service diagram | The sewer route, including any conflict with an extension, pool or garage |
| Section 10.7 planning certificate | Zoning, heritage, road widening, flood and bushfire-prone land information |
| Documents for title interests | The full terms of each easement or restrictive covenant |
| Swimming pool documents (where there is a pool) | The available compliance, occupation or non-compliance certificate |
The 10.7 certificate is the story of the land
The planning certificate, formerly called the s149, records zoning, heritage, flood-prone or bushfire-prone land, road-widening proposals and relevant planning controls. It is where future works, insurance and site-risk questions get their first honest answers.
The drainage diagram is the easement tell
Map the sewer route against anywhere you might one day build: the extension, the pool, the garage. Building over or near it can mean water-authority consent, a redesigned plan, or relocating the asset at your cost.
Cooling off, waivers, and auctions
A NSW residential private-treaty purchase usually carries a five-business-day cooling-off period, with withdrawal costing 0.25% of the price. A section 66W certificate from the buyer's solicitor or conveyancer can waive that period. Complete checks before providing one. Cooling-off is generally unavailable at auction; use the auction-day guide and the state comparison.
Check building condition separately
The contract discloses the land's legal position. Use a building and pest inspection for accessible building condition, informed by an independent desktop read. For strata, add the owners-corporation records using the apartment checklist.
Frequently asked questions
What documents must be attached to a contract for sale in NSW?
Under section 52A of the Conveyancing Act 1919 and its regulations: the title search, the deposited plan, a drainage (sewerage service) diagram, the council’s section 10.7 planning certificate, documents for easements and covenants on title, and, where there is a pool, the swimming pool compliance documents. The contract must exist with these attached before the property is offered for sale.
What is a section 10.7 certificate?
The council’s planning certificate for the land (formerly the s149): zoning, heritage listings, flood-prone and bushfire-prone notations, road-widening proposals and the planning controls that apply. It is where you learn what the land is allowed to become, and what constraints any future works would face.
Is there a cooling-off period when buying in NSW?
For residential private-treaty purchases, it is usually five business days, with withdrawal costing 0.25% of the purchase price. A section 66W certificate can waive it. Cooling-off is generally unavailable at auction.
What is a section 66W certificate?
A certificate from your solicitor or conveyancer that waives the cooling-off period and makes the signed contract binding. Complete inspection, contract and finance checks before providing one.
Can I get out of a contract if the disclosure documents are missing in NSW?
Possibly. A purchaser may be able to rescind within 14 days of exchange where prescribed documents were absent or a vendor warranty was breached. Have a conveyancer assess the contract and facts.
Does the contract for sale tell me about the building’s condition?
It discloses the land’s legal position, title, encumbrances, planning and drainage. Use a building and pest inspection for physical condition and a desktop read for earlier triage.
How this guide was researched
Built from the NSW Government’s guidance on contracts, cooling-off and inspections, read as one purchase sequence.
Limits: This is NSW legal orientation. A licensed conveyancer or Australian legal practitioner should review amendments and certificates.
Sources
- Contracts and deposits when buying property in NSWNSW Government · accessed 2026-07-19
- Inspection reports before buying propertyNSW Government · accessed 2026-07-19
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