Selling Property in NSW: The Vendor's Complete 2026 Guide
NSW vendors face strict statutory disclosure obligations. Get the contract, Section 10.7, sewer diagram, and title search prepared correctly — or face buyer rescission rights and warranty claims.
Quick Answer
Selling property in NSW requires the vendor to prepare a contract for sale of land that includes statutorily prescribed documents BEFORE the property can be marketed (Section 52 of the Conveyancing Act 1919). The required documents are: title search, deposited plan, Section 10.7(2) Planning Certificate, sewer service diagram, and (for strata) the strata plan and by-laws. Failure to attach any of these gives the buyer the right to rescind within 14 days of exchange. Most NSW vendors engage a licensed conveyancer (around $1,850 + GST) and a real estate agent (typically 1.8–2.5% commission). The whole process from listing to settlement takes 8–12 weeks. Sellers also pay agent marketing fees ($3,000–$15,000), discharge of mortgage fee (~$300), and any shortfall on settlement adjustments.
What documents must NSW vendors attach to the contract?
Under the Conveyancing (Sale of Land) Regulation 2017, NSW vendors must attach the following 'Schedule 1' documents to the contract before marketing:
- Title search of the property (current within 6 months) showing all registered dealings — mortgages, easements, covenants, caveats.
- Deposited plan or strata plan showing the lot boundaries.
- Section 10.7(2) Planning Certificate from the local council (a 10.7(5) is optional but recommended).
- Sewer service diagram showing the location of sewer mains relative to the property (Sydney Water diagram for metro Sydney).
- Drainage diagram (for areas with separated stormwater).
- Strata documents (if applicable): registered strata plan, by-laws, and the most recent strata roll.
- Building Certificate (Section 149D) if there are unauthorised structures the vendor wants to disclose.
- Home Warranty Insurance certificate (for homes under 7 years old where major works were done by a licensed builder).
- Swimming Pool Compliance Certificate (or non-compliance disclosure) for any property with a pool — mandatory under Swimming Pools Act 1992.
- Smoke alarm compliance — must comply with NSW Fire and Rescue rules at settlement.
What happens if a vendor fails to disclose?
Failure to attach a Schedule 1 document gives the buyer a 14-day right of rescission after exchange (Section 52A(2)(a) of the Conveyancing Act). This is one of the most common reasons NSW property contracts fall over. We always conduct a pre-listing audit of the contract to ensure full statutory compliance before going to market — this prevents buyer rescission and protects the sale price. Additionally, the vendor warrants under Section 52A that there are no contraventions of council requirements, Building Code of Australia, or planning law that the vendor has been notified about. Misrepresentation can lead to damages claims under the Australian Consumer Law and Section 18 of the ACL.
NSW vendor selling costs — what to budget
Beyond the agent's commission, NSW vendors should budget for:
- Conveyancing fee — Elyment fixed fee from $1,850 + GST.
- Real estate agent commission — typically 1.8–2.5% of sale price + GST.
- Marketing fees — $3,000 to $15,000+ depending on campaign (digital, signboard, brochures, professional photography, drone footage).
- Discharge of mortgage fee — usually $300–$500 paid to the lender, plus any break costs on a fixed-rate loan.
- Section 10.7 certificate — $53 (10.7(2)) or $146 (combined 10.7(2) and (5)).
- Sewer diagram — $30 (Sydney Water) for metro Sydney.
- Title search — $30.
- Capital Gains Tax (if not principal place of residence) — calculated by your accountant on the gain.
- Auction fees — $440–$880 if selling by auction (auctioneer fee).
How to Sell NSW Property — Vendor's Step-by-Step
Engage a NSW conveyancer to prepare contract
Provide the vendor's identity verification, original title documents, and any previous conveyancing records. The conveyancer orders the Schedule 1 documents.
Sign agency agreement with real estate agent
Negotiate commission (1.8–2.5%), marketing budget, exclusive agency period (usually 90 days), and method of sale (private treaty vs auction).
Marketing campaign begins (4–6 weeks)
Professional photography, online listings (realestate.com.au, domain.com.au), open homes, signboard. Auction marketing is typically 4 weeks.
Receive offers / auction day
Private treaty: review offers with your conveyancer, negotiate price and special conditions. Auction: highest bid above reserve wins, 10% deposit on the day.
Exchange of contracts
Buyer pays deposit (5% or 10%), contracts are exchanged. Buyer's cooling-off period begins (5 business days, unless waived by 66W or it's an auction).
Settlement preparation (4–6 weeks)
Conveyancer arranges PEXA workspace, calculates settlement adjustments (rates, water, strata), confirms discharge of mortgage with lender.
Settlement via PEXA
On settlement day, buyer pays balance, vendor's mortgage is discharged, title transfers. Vendor receives net proceeds (usually within 1–2 hours of settlement completion).
Post-settlement
Vendor returns the keys to the agent who hands them to the buyer. Conveyancer notifies water authority of change of ownership and provides settlement statement.
Frequently Asked Questions
Common NSW questions answered by Elyment Conveyancing — written for buyers, sellers, and investors.
Yes — practically. NSW vendors must prepare a complex contract for sale of land with statutorily prescribed documents. Failure to attach any Schedule 1 document gives the buyer a 14-day right to rescind. Engage a licensed NSW conveyancer or solicitor before marketing.
Typical total selling costs are 2.5–4% of sale price: agent commission 1.8–2.5%, conveyancing $1,850, marketing $3,000–$15,000, discharge of mortgage $300–$500, Section 10.7 and other certificates around $200.
Typical timeline: 1 week to prepare contract, 4–6 weeks marketing campaign, exchange of contracts, then 4–6 weeks to settlement. Total around 10–12 weeks from listing to settlement.
Section 52A of the Conveyancing Act 1919 requires NSW vendors to attach prescribed documents to the contract for sale and to warrant there are no known planning or building law contraventions. Breach gives buyer rescission rights.
Yes. The Section 10.7(2) Planning Certificate is mandatory and must be attached to the contract for sale of land. Without it, the buyer can rescind within 14 days of exchange.
Under the Swimming Pools Act 1992 (NSW), vendors of properties with a pool must obtain a Pool Compliance Certificate (or attach a non-compliance disclosure) before sale. Council inspection costs $150 per inspection.
Your principal place of residence is generally CGT-exempt. Investment properties, holiday homes, and properties held by trusts/companies are subject to CGT on the capital gain (with 50% discount for individuals holding over 12 months). Speak to your accountant.
Yes. Under the Residential Tenancies Act 2010 (NSW), tenants on a fixed-term lease cannot be evicted by sale alone — the new owner takes the property subject to the lease. Periodic tenancies require 30 days' notice.
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