Can you negotiate an off the plan price?
The official pages do not say whether an advertised off-the-plan price can be negotiated, because that is a commercial decision for each developer. What they do show is where the rules draw lines: the price is fixed once you sign, the deposit amount is expressly negotiable in Victoria, and many other terms are contract terms that can be raised before exchange. As at October 2026, none of the government pages checked for this guide publish typical discounts or incentives, so a figure quoted by a marketer is unverified.
Checked October 2026. Rules, rates and prices change, so confirm anything that matters with the source linked below.
What is fixed once you sign
The NSW Government says prices are locked in when you commit to buy, and Consumer Affairs Victoria says the contract price does not change even if the property's value rises or falls during the build. After exchange, the cooling-off period is the only no-reason exit, and it is not a chance to reopen the price: 10 business days in NSW, 3 clear business days in Victoria, 5 business days as a general rule in Queensland, 2 clear business days in South Australia, and none mandatory in WA. The Victorian, Queensland and South Australian pages describe the general rule rather than off-the-plan contracts, so confirm it applies to yours.
The one exception is a clause that lets the price move. South Australia's government page lists whether the price can change after signing among the things to check, so whether the number can move is a question for your conveyancer.
The room to negotiate is before exchange. After that, only the contract's own terms and statutory rights apply.
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What the rules treat as negotiable
| State | What the official pages show |
|---|---|
| Victoria | An off-the-plan contract must carry a conspicuous notice that the deposit can be negotiated within the 10 per cent limit |
| NSW | A deposit bond or bank-issued equivalent can replace cash only if the developer agrees before signing; the page also lists finishes, on-selling, sunset extensions and whether the developer can change the design as points to raise |
| Queensland | The Queensland Government encourages open dialogue and reasonable negotiation with the developer through the contract, especially when values change or difficulties arise |
| Western Australia | A 2017 blog by the Commissioner for Consumer Protection notes contracts have usually been drawn up in the developer's best interests and points to a clause blocking release of the deposit until settlement |
| South Australia | When the deposit and balance are payable, whether the price can change after signing, your rights if the build is late and post-signature changes are listed as things to check |
So the deposit and the surrounding terms are the items with official recognition as negotiable. Whether a developer will move on the headline price, offer an upgrade, or change a term is its own decision.
Incentives, duty and GST
How a deal is written can matter as much as its size.
- Duty can run on value, not just price. The Queensland Revenue Office says transfer duty on land is usually calculated on the unencumbered value of the property or the amount you agree to pay, whichever is higher. A lower contract price does not automatically mean lower duty there, and the rules in other states differ, so check with the state revenue office.
- Victoria's concession depends on the contract date and construction progress. Consumer Affairs Victoria says duty under the off-the-plan concession depends on the construction stage and property value when you sign, so the timing of your contract feeds into it. The State Revenue Office also has a page on a temporary concession for strata apartments and townhouses, which is the place to check the contract dates it covers. See off the plan stamp duty in Victoria for how it works.
- GST. The ATO says the purchase price of new residential property includes GST, so a quoted price should be read as GST-inclusive or checked.
An incentive such as a rebate, a gift or an upgrade package is part of the bargain. Whether it appears in the contract price, a separate document or a promise made in a sales suite affects how duty is assessed and what you can rely on. WA Consumer Protection notes that disclaimer clauses are sometimes included to try to stop a buyer claiming they were misled, and says the right to claim damages cannot be excluded by a contract term. Your conveyancer can say how a particular offer is treated.
Timing, completed stock and state differences
No official page says whether completed or unsold lots are more negotiable. What changes is the legal setting. Victoria's off-the-plan rules, including the deposit cap and the 18-month cancellation right, are written for purchases made before the building and plan are complete (Consumer Affairs Victoria), so a buyer in a finished project may be dealing with different terms.
Date-based concessions are another timing factor. A concession that covers contracts only until a set date is a deadline that affects when a contract has to be signed to qualify. The State Revenue Office describes Victoria's concession for strata apartments and townhouses as temporary, so check the dates there. Concession terms change with budgets, so the revenue office is the place to confirm them.
To compare projects before you ask for price lists, you can browse new townhouses in Brisbane or any of the other cities on this site.
Common questions
- Is the advertised off the plan price negotiable?
No government source answers this, because it depends on the developer and the project. The pages do show that the deposit is negotiable in Victoria and that contract terms such as finishes and sunset extensions can be raised. How anything agreed is recorded is a question for a conveyancer.
- Can I negotiate after I sign?
The price is locked in at signing in NSW and Victoria. The Queensland Government encourages ongoing, reasonable dialogue with the developer if values change or difficulties arise, but it does not say a developer must reduce a price. Statutory rights, such as those for material changes, are separate from negotiation.
- Will a discount reduce my stamp duty?
Not necessarily. The Queensland Revenue Office says transfer duty is usually calculated on the unencumbered value or the amount you agree to pay, whichever is higher. How a discount is recorded in the contract affects the result, so ask your conveyancer or the state revenue office before agreeing how an incentive is structured.
- Can I ask for the deposit to be lower?
In Victoria the contract must tell you the deposit is negotiable within the 10 per cent limit. In NSW a deposit bond is available only if the developer agrees before signing. Other states leave the figure to the contract. Off the plan deposits and deposit bonds compares the states.
- What if the developer promises something verbally?
Whether a verbal promise can be relied on depends on the contract's wording and the facts. WA Consumer Protection notes that disclaimer clauses are sometimes included to try to stop a buyer claiming they were misled, and that the right to claim damages cannot be excluded by a contract term, so a disclaimer does not settle the question either way. A lawyer can advise on a specific situation.
Keep reading
- How do deposits and deposit bonds work when buying off the plan?
- What should you check in an off the plan contract?
- How does finance work when buying off the plan?
- How does buying off the plan work, step by step?
- Is stamp duty charged on the land only, or on the townhouse as well?
- What are the risks of buying off the plan?
Sources
- Buying property off the plan, NSW Government
- Buying off-the-plan, Consumer Affairs Victoria
- Buying off the plan, Queensland Government
- Cooling-off period, Queensland Government
- When transfer duty applies, Queensland Revenue Office
- Understanding the off-the-plan duty concession, State Revenue Office Victoria
- Buying property off the plan, WA Consumer Protection
- Secure deposits when buying 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
- 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.