Which clauses do official pages single out?

The NSW Government highlights clauses that let the developer cancel after exchange and how the land and building contracts interact. South Australia lists conditions that must be met before the contract binds, cancellation rights and when they end, post-signature changes, and whether the price can change after signing. Queensland points to cancellation clauses generally.

Can the developer change the finishes after I sign?

Only as far as the contract allows. A variation clause defines the scope, and statutory rights on material changes sit on top. NSW suggests asking whether you can change finishes such as the kitchen and bathroom, and whether the developer can change the design without your consent.

Is GST included in the price?

For new residential property the ATO says the purchase price includes GST, and the purchaser generally pays a withholding amount direct to the ATO at settlement. The ATO rate is one-eleventh of the contract price in a fully taxable sale and 7 per cent where the margin scheme applies.

Can I sell my contract before completion?

Possibly, but it depends on the contract and has duty and tax effects. The NSW Government lists on-selling during construction as a question for your conveyancer. In Victoria, the State Revenue Office has a page saying duty may be payable on certain sub-sales, and NSW's duty deferral ends if the contract is assigned. See selling an off the plan property before settlement.

Does a disclaimer clause cancel what the sales team said?

Not necessarily. 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 under Australian Consumer Law cannot be excluded by a contract term. How that applies to your facts is a question for a lawyer, and the NSW Government separately says to get legal advice on clauses that let a developer cancel after exchange.

What should you check in an off the plan contract?

An off-the-plan contract has to describe a home that does not exist yet, so the clauses about timing, changes, price and the deposit do far more work than they do in an established-home contract. As at October 2026, the NSW, Queensland, Victorian, South Australian and Western Australian government pages all recommend getting legal advice before signing, and each lists points to look for. This guide pulls those points together by clause.

Checked October 2026. Rules, rates and prices change, so confirm anything that matters with the source linked below.

The clauses and what each state page flags

Clause	What to look for	Where the state pages point
Sunset date	The date, whether it is triggered by plan registration or by an occupation certificate or occupancy permit, and what lets the developer extend it	NSW lists extension circumstances as a question to ask; the cancellation rules differ by state
Variation and design changes	What the developer may change without your consent, and any tolerances	WA gives a five per cent change in balcony area as an example; NSW asks whether the developer can change the design and whether your consent is required
Deposit	Amount, timing, who holds it, whether a deposit bond is accepted	Victoria caps it at 10 per cent; NSW and WA require trust accounts
Price	Whether it is fixed or can be adjusted	SA asks whether the price can change after signing; NSW and Victoria say the price is set at signing
GST	Whether the price includes GST	ATO: the price of new residential property includes GST
Delay	Your remedies if construction is late	NSW asks what your rights are if construction is delayed; SA asks what your rights are if the build is not finished on time
On-selling	Whether you may sell before settlement	NSW lists it as a question
Finishes and inclusions	The schedule, and whether you can change kitchen and bathroom finishes	NSW lists both
Title and scheme	Strata or community title, with by-laws and meeting minutes	SA lists title type and scheme documents
Builder and approvals	Who the builder is, and what happens if development approval is refused	SA lists both

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Sunset dates and material changes

The sunset clause decides when the developer or the buyer can end the contract. NSW and Queensland now require the buyer's consent or a court order before a developer relies on it, and Queensland's reforms exclude community titles scheme lots. Victoria has its own rules in the Sale of Land Act 1962, so ask a Victorian conveyancer how they apply to your contract. The full state-by-state position is in what is a sunset clause.

Changes are the other half. The statutory triggers use the word material, and each state uses it differently:

NSW: changes that make what was first disclosed inaccurate in a material particular. A materially prejudiced buyer can withdraw and recover the deposit, or settle and claim compensation of up to 2 per cent of the price, within 14 days of notification.
Victoria: Consumer Affairs Victoria lists unexpected changes to plans and specifications as a risk. What notice and exit rights follow an amendment to the plan of subdivision is a question for your conveyancer.
Queensland: a change to the disclosed state of the land that causes significant disadvantage, within 30 days of notification or before title transfers. The Queensland Government says courts have set the test for what counts.

A variation clause that lets the developer change things within tolerances sits alongside those rights. WA Consumer Protection warns that accepting one can remove the ability to claim compensation when changes do not suit you.

Deposit and price

Check the deposit percentage, when each part is due and whether deposit bonds or bank-issued equivalents are accepted. NSW says a bond or bank-issued equivalent can replace cash only if the developer agrees before the contract is signed. Detail by state is in off the plan deposits and deposit bonds.

On price, the NSW Government and Consumer Affairs Victoria both say the price is locked in at signing, so the question is whether the contract itself contains an adjustment clause. The ATO says the purchase price of new residential property includes GST, and that purchasers generally pay a GST withholding amount to the ATO at settlement, which the conveyancer arranges. A contract that states the price clearly as GST-inclusive avoids confusion about the number you are agreeing to.

Statements the law requires

Some contract content is mandatory, and its absence is worth noticing:

Victoria. An off-the-plan contract must carry a warning notice that the deposit is negotiable 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).
NSW. The vendor must attach a disclosure statement that outlines key information such as sunset dates, along with draft documents including the plan, the proposed schedule of finishes and draft by-laws (NSW Government).
Queensland. A disclosure statement identifying the lot, including a surveyor's section on its expected state at transfer, which the buyer signs and dates.
Western Australia. For strata lots, disclosure statements, the proposed strata plan details and by-laws before purchase. If the developer breaches the Strata Titles Act 1985, the buyer can void the contract before settlement (WA Consumer Protection).

Who normally reviews it

The Queensland Government says getting legal advice before signing or paying a deposit is just as important as getting financial advice and organising a mortgage. A conveyancer or solicitor reads the clauses above, the plans and the finishes schedule, and checks the strata or community scheme documents. The checklist what to ask when buying a townhouse covers the questions to put to the sales team before the contract arrives.

If a clause lets the developer cancel after exchange, or change the product without your consent, the state rules on consent, notice and compensation decide what protection you have, and those rules differ by state.

Common questions

Which clauses do official pages single out?: The NSW Government highlights clauses that let the developer cancel after exchange and how the land and building contracts interact. South Australia lists conditions that must be met before the contract binds, cancellation rights and when they end, post-signature changes, and whether the price can change after signing. Queensland points to cancellation clauses generally.
Can the developer change the finishes after I sign?: Only as far as the contract allows. A variation clause defines the scope, and statutory rights on material changes sit on top. NSW suggests asking whether you can change finishes such as the kitchen and bathroom, and whether the developer can change the design without your consent.
Is GST included in the price?: For new residential property the ATO says the purchase price includes GST, and the purchaser generally pays a withholding amount direct to the ATO at settlement. The ATO rate is one-eleventh of the contract price in a fully taxable sale and 7 per cent where the margin scheme applies.
Can I sell my contract before completion?: Possibly, but it depends on the contract and has duty and tax effects. The NSW Government lists on-selling during construction as a question for your conveyancer. In Victoria, the State Revenue Office has a page saying duty may be payable on certain sub-sales, and NSW's duty deferral ends if the contract is assigned. See selling an off the plan property before settlement.
Does a disclaimer clause cancel what the sales team said?: Not necessarily. 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 under Australian Consumer Law cannot be excluded by a contract term. How that applies to your facts is a question for a lawyer, and the NSW Government separately says to get legal advice on clauses that let a developer cancel after exchange.

Keep reading

Sources

This is general information, not financial, tax or legal advice. Get advice that suits your situation before you buy.