How does buying off the plan work, step by step?
Buying off the plan runs through six steps: finance, any holding deposit, the disclosure documents, signing with the deposit and cooling-off, construction, and completion and settlement. The order is broadly similar across the states covered here, but the paperwork and cooling-off rules differ. As at October 2026, the time limits below come from each state's own government pages.
Checked October 2026. Rules, rates and prices change, so confirm anything that matters with the source linked below.
1. Before you look: finance and budget
Moneysmart says a home loan pre-approval lasts 3 to 6 months and does not commit you to a loan. An off-the-plan settlement can be much later than that, so an approval held at signing may have lapsed by settlement. How that gap works is covered in finance for off the plan purchases.
Buying costs sit alongside the deposit. Stamp duty concessions, grants and deferrals for new homes differ by state, and Victoria's concession depends on how much construction is complete when you sign. See the state guides on off the plan stamp duty in Victoria and stamp duty concessions in NSW.
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2. Expressions of interest and holding deposits
In NSW, an expression of interest payment does not secure the property and signals interest only. The agent must refund it if no contract results, and agents can take expressions of interest from several people for the same property. There is no binding contract until contracts are exchanged.
3. The documents you receive before signing
- Victoria. An off-the-plan contract must carry a warning notice saying the deposit can be negotiated up to the 10 per cent limit, that a significant time may pass before ownership transfers, and that the property's value may change (Consumer Affairs Victoria). Ask your conveyancer to take you through the vendor's disclosure documents and the rest of the contract.
- NSW. Vendors must provide disclosure documents that show the sunset date, plus draft documents including the plans and the proposed finishes schedule.
- Queensland. The seller gives a disclosure statement identifying the lot, including a surveyor's section describing its expected state at transfer. You sign and date it.
- Western Australia. For strata properties the developer must provide disclosure statements, details of the proposed strata plan and the by-laws before you buy.
- South Australia. The vendor's statement (Form 1) is part of the process, and the cooling-off period runs from receiving it or signing, whichever is later.
For what to look for inside the contract, see what to check in an off the plan contract.
4. Signing, the deposit and cooling-off
You pay the deposit on signing, or as the contract provides. The only no-reason exit afterwards is the cooling-off period, if your state has one.
| State | Cooling-off period | Amount the seller may keep if you use it |
|---|---|---|
| NSW | 10 business days for off-the-plan buyers | 0.25% of the price |
| Victoria | 3 clear business days | The greater of $100 or 0.2% of the price |
| Queensland | 5 business days (general rule) | Up to 0.25% of the price |
| South Australia | 2 clear business days | Not stated on the page checked |
| Western Australia | None mandatory, per WA Consumer Protection | Not applicable |
The Victorian figures come from Consumer Affairs Victoria's page on private sales, which does not mention off-the-plan contracts, and the Queensland Government's cooling-off page does not either, so confirm how the rule applies to yours. In NSW the right can be waived only with a lawyer's certificate and explanation.
5. During construction
Some states require the developer to tell you when something changes. In NSW you have 14 days from notice of a material change, and in Queensland 30 days from the developer's notice or until title transfers, whichever is sooner. For Victoria, ask your conveyancer what notice and exit rights apply if the plan of subdivision is amended.
Duty paperwork also runs during this period. In Victoria, Consumer Affairs Victoria says duty under the off-the-plan concession depends on the construction stage and value when you sign, so ask your conveyancer when the vendor will confirm the figure. In NSW, buyers who qualify for the duty deferral can delay payment for up to 12 months beyond the usual three, and the deferral ends at settlement or earlier if the contract is assigned.
6. Completion and settlement
In NSW you must be given a copy of the registered plan at least 21 days before settlement. In all states this is the point to compare the finished townhouse with the plans and finishes schedule and to list defects in writing before you settle.
On settlement day the balance is paid and the title is transferred into your name. For new residential property the ATO says the price includes GST and the purchaser generally pays a withholding amount directly to the ATO rather than to the developer. As an illustration on an $800,000 price, that is one-eleventh, or about $72,727, for a fully taxable sale, or 7 per cent, which is $56,000, if the developer uses the margin scheme. Your conveyancer handles the forms.
The cooling-off period is the only point where most buyers can leave without a reason, and it can be as short as two days or absent altogether. The document review happens before that, not after.
Common questions
- How long does buying off the plan take?
No official page gives an average. The legal markers are a default of 18 months in Victoria before a buyer can end the contract for an unregistered plan (or the time the contract specifies), 18 months for a Queensland seller to settle, and in Western Australia six months if no registration date was agreed. Contracts often set their own sunset date, so the real timeline is whatever yours says.
- Do I need a conveyancer or solicitor?
Government pages in NSW, Queensland, Victoria and South Australia all recommend independent legal advice before signing an off-the-plan contract. Queensland says to get it before signing or paying a deposit. A conveyancer or solicitor can also handle duty, GST withholding and settlement.
- Can I inspect the townhouse before settlement?
The NSW Government lists site visit rights during construction as something to ask about, and Consumer Affairs Victoria notes that off-the-plan buyers cannot inspect the finished property before buying. Your contract sets the practical arrangements, so check what it says about access during construction and before settlement.
- What if the completion date moves?
Check what the contract says about extending the sunset date and the completion date. The NSW Government lists whether the developer can extend them, and what your rights are if construction is delayed, as questions for your conveyancer. In Victoria (by default) and Queensland, 18 months is the point at which a buyer gains a statutory right to act if the plan is unregistered or the seller has not settled. A longer wait can also outlast a pre-approval, as noted in step 1.
- Is GST on top of the price?
For new residential property the ATO says the purchase price will include GST, so a quoted price should already contain it. At settlement the purchaser generally pays a withholding amount directly to the ATO instead of to the developer, and the conveyancer lodges the forms. The contract wording on whether the price is GST-inclusive is worth reading.
Keep reading
- What should you check in an off the plan contract?
- How does finance work when buying off the plan?
- How do deposits and deposit bonds work when buying off the plan?
- What does off the plan mean when buying a townhouse?
- What is a sunset clause in an off the plan contract?
- Can you negotiate an off the plan price?
Sources
- Buying property off the plan, NSW Government
- Buying off-the-plan, Consumer Affairs Victoria
- Buying property by private sale, Consumer Affairs Victoria
- Buying off the plan, Queensland Government
- Cooling-off period, Queensland Government
- Buying property off the plan, WA Consumer Protection
- Don't be hasty when buying a home, WA Consumer Protection
- Offers, auctions and buying off the plan, SA Government
- Buying a house, Moneysmart
- Understanding the off-the-plan duty concession, State Revenue Office Victoria
- Transfer duty for off the plan property purchases, Revenue NSW
- GST at settlement: guide for purchasers, Australian Taxation Office
- GST and residential property, Australian Taxation Office
This is general information, not financial, tax or legal advice. Get advice that suits your situation before you buy.