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ARTICLE · 26 JUNE 2019

Changes to off-the-plan contracts

Article outlines changes to off-the-plan contracts.

AustraliaReal Estate and Construction

In November 2017 the NSW Office of the Registrar General released a discussion paper which identified a set of reform proposals designed to strengthen protections for consumers purchasing off-the-plan properties.

Following on from this paper the Conveyancing Legislation Amendment Bill 2018 (NSW) was submitted and assented by both houses of parliament on 22 November 2018. Although passed by both houses, the changes as they relate to off-the-plan purchasers will not take effect until a proclamation date to be determined by the NSW Government.

The changes will include:

  • A 10 business day cooling off period to purchases of residential property off-the-plan.
  • Developers will be required to attach a disclosure statement to the contract for sale. The disclosure statement must include a copy of the draft subdivision plan and other prescribed documents contained in the regulations. The regulations have yet to be introduced.

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