Sydney, NSW
In short
In New South Wales, a contract for sale must be prepared before a home is marketed, and the sale becomes binding at exchange. Most buyers then have a five business day cooling-off period unless they buy at auction or give the seller a section 66W certificate. Transfer duty goes to Revenue NSW, and lease disputes usually go to NCAT, which has a registry at 9 George Street, Parramatta. Your first step is to have the contract or lease reviewed before you sign anything.
Buying, selling or leasing in Parramatta and Western Sydney: where do you start?
If you have just had an offer accepted on a unit in Parramatta, are selling a family home in Blacktown, or have received a notice from a landlord in Merrylands, the process can feel overwhelming. Property matters in New South Wales run on strict steps and short deadlines.
The starting point depends on what you are doing. If you are buying, the key moment is exchange of contracts, which is when each side signs a copy of the contract and the copies are swapped. If you are selling, the work starts earlier, because in NSW a contract must be prepared before the property is advertised. If you are in a lease dispute, the path depends on whether the lease is residential or retail, because different Acts and different first steps apply.
This page is general information about the NSW rules, not advice about your situation.
How does conveyancing work in NSW?
Conveyancing is the legal work of transferring ownership of land from one person to another. In NSW it is built around the Conveyancing Act 1919, the Conveyancing (Sale of Land) Regulation 2022 and the Real Property Act 1900.
NSW puts the seller's disclosure inside the contract itself. A contract for sale must be prepared by a solicitor or licensed conveyancer before a residential property is offered for sale, and it must be available for inspection at the agent's office. Under section 52A of the Conveyancing Act 1919, prescribed documents must be attached, including a title search, a drainage diagram, a planning certificate from the local council (for example City of Parramatta, Blacktown or Cumberland council), copies of any registered easements or covenants, and a notice about smoke alarms and loose-fill asbestos insulation. An easement is a right someone else has over part of the land. If the property has a swimming pool or spa, pool compliance documents must also be attached. NSW Government guidance says that if required documents are missing when the contract is signed, the buyer may rescind, meaning cancel, the contract within 14 days of exchange.
After exchange, buyers of residential property usually get a cooling-off period of five business days, ending at 5pm on the fifth business day after exchange. If you pull out in that time you forfeit 0.25% of the purchase price to the seller. For off-the-plan purchases, where you buy a home that has not been built yet, the cooling-off period is ten business days. There is no cooling-off period if you buy at auction, on the same day after a property is passed in at auction, or by exercising an option to purchase. A buyer can also give up the cooling-off period by giving the seller a section 66W certificate, named after section 66W of the Conveyancing Act 1919. NSW Government guidance says the period can only be waived or shortened if your own lawyer or conveyancer provides the certificate and explains the contract and the consequences to you. Understand it before you agree. From 1 June 2026 contracts must carry an updated cooling-off notice, but the period itself is unchanged.
Settlement, the day the balance is paid and ownership changes, usually happens around six weeks after exchange. Since 11 October 2021 paper certificates of title have been cancelled in NSW and all land dealings must be lodged electronically. In practice your solicitor or conveyancer settles through an online platform such as PEXA or Sympli, and the change of ownership is recorded by NSW Land Registry Services on the State's land title register.
Transfer duty and first home buyer help in NSW
Transfer duty, which many people still call stamp duty, is paid by the buyer to Revenue NSW under the Duties Act 1997. It is generally due within three months of signing the contract, or on settlement if that comes first. Revenue NSW charges daily interest on overdue amounts. If you buy off the plan and intend to live in the home, you may be able to defer payment by up to 12 months, which generally means duty falls due at settlement or 15 months after signing, whichever comes first.
First home buyers in suburbs such as Penrith, Liverpool and Auburn often ask about concessions. Under the First Home Buyers Assistance Scheme, for contracts exchanged on or after 1 July 2023, no transfer duty is payable on a new or existing home valued at $800,000 or less, and a concessional rate applies above $800,000 and under $1 million. For vacant land the full exemption applies up to $350,000, with a concession up to $450,000. You must move in within 12 months of settlement and live there for at least 12 continuous months.
Separately, the First Home Owner (New Homes) Grant is $10,000 for a newly built home priced at no more than $600,000, or land plus a building contract totalling no more than $750,000. Check the eligibility rules before relying on either in your budget.
Lease and landlord disputes: NCAT at Parramatta, Penrith and Liverpool
Most residential and retail lease disputes in NSW are decided by the NSW Civil and Administrative Tribunal, known as NCAT, in its Consumer and Commercial Division. For Western Sydney, NCAT has a registry at Level 5, 9 George Street, Parramatta, as well as registries in Penrith (Ground Floor, corner of Belmore and Station Streets) and Liverpool (Level 7, 35 Scott Street).
Residential tenancies are governed by the Residential Tenancies Act 2010. NCAT can make orders about ending a tenancy, rental bonds, repairs and access, and the general limit for money orders is $15,000. The rules have changed recently. Since 31 October 2024 rent can only be increased once a year for all lease types. Since 19 May 2025 a landlord must have a valid reason to end a tenancy, whether the lease is periodic or at the end of a fixed term, and in some situations must give supporting documents with the termination notice. Further changes started in 2026, including stronger protections for victim-survivors of domestic violence from 21 September 2026. An application about a breach of the agreement must be made within three months of becoming aware of the breach, a challenge to a rent increase within 30 days of the notice, and a bond dispute within six months after the bond is paid out.
Retail shop leases fall under the Retail Leases Act 1994. A landlord must give the tenant a written disclosure statement at least seven days before the lease is entered into, and the tenant must return their own statement within seven days of receiving it. If a dispute arises, mediation through the NSW Small Business Commissioner is compulsory for most claims before NCAT will accept an application. NCAT can hear retail lease claims up to $750,000 for leases entered into from 1 July 2017, and an application must be made within three years after the liability or obligation in dispute arose.
Larger or more complex land disputes, such as a contested contract for sale, a lease of land or an easement, are generally dealt with in the Real Property List in the Equity Division of the Supreme Court of NSW, which sits at the Law Courts Building, 184 Phillip Street, Sydney.
How NSW differs from other states
Property law is state law, so advice you read online or hear from family interstate may not fit. NSW attaches its disclosure documents to the contract and requires that contract to exist before marketing starts. By contrast, in Victoria the seller gives a separate vendor statement, commonly called a Section 32 statement, and Queensland has its own seller disclosure scheme under the Property Law Act 2023 (Qld), which commenced on 1 August 2025. Cooling-off periods, the amount you forfeit for withdrawing, duty rates and first home buyer thresholds all differ between states. The tribunal is different too: NSW uses NCAT, while Queensland uses QCAT. If your property is in Parramatta, greater Sydney or anywhere else in NSW, it is the NSW rules on this page that apply, wherever you happen to live.
Key New South Wales legislation
- Conveyancing Act 1919 (NSW) (opens in a new tab)
Sets the rules for contracts for the sale of land in NSW, including the seller's disclosure obligations under section 52A, the cooling-off period and the section 66W certificate that waives it.
- Conveyancing (Sale of Land) Regulation 2022 (NSW) (opens in a new tab)
Commenced on 1 September 2022; prescribes the documents and warning notices a seller must attach to the contract and the buyer's right to rescind if disclosure obligations are not met.
- Real Property Act 1900 (NSW) (opens in a new tab)
Underpins the Torrens title register, caveats and the registration of land dealings, which must now be lodged electronically.
- Duties Act 1997 (NSW) (opens in a new tab)
Imposes transfer duty on purchases and transfers of NSW land and contains the first home buyer concessions administered by Revenue NSW.
- Residential Tenancies Act 2010 (NSW) (opens in a new tab)
Governs residential leases, bonds, rent increases and termination, and gives NCAT power to decide disputes.
- Retail Leases Act 1994 (NSW) (opens in a new tab)
Regulates retail shop leases, including disclosure statements, compulsory mediation and NCAT's retail lease jurisdiction.
Courts and tribunals in New South Wales
- NSW Civil and Administrative Tribunal (NCAT), Consumer and Commercial Division (opens in a new tab)
Decides residential tenancy, retail lease, strata and dividing fence disputes. The Parramatta Registry is at Level 5, 9 George Street, Parramatta; there are also registries at Penrith and at Level 7, 35 Scott Street, Liverpool.
- Supreme Court of NSW, Equity Division (Real Property List) (opens in a new tab)
Hears claims about land and interests in land, including contracts for the sale of land, leases, easements and covenants. The registry is on level 5 of the Law Courts Building, 184 Phillip Street (Queens Square), Sydney.
- NSW Small Business Commissioner (opens in a new tab)
Provides mediation of retail lease disputes, which is compulsory for most retail lease claims before an application can be made to NCAT.
- Revenue NSW (opens in a new tab)
Assesses and collects transfer duty and administers the First Home Buyers Assistance Scheme and the First Home Owner (New Homes) Grant.
- NSW Land Registry Services (opens in a new tab)
Creates and maintains NSW land title records on behalf of the NSW Government and registers transfers, mortgages, leases and caveats lodged electronically.
How the process works
Contract prepared or reviewed
A seller has the contract for sale prepared, with the prescribed documents attached, before the property is advertised. A buyer has the contract, title documents and any strata records reviewed before signing.
Exchange of contracts
Each party signs a copy, the copies are exchanged and the deposit is paid. The sale becomes binding, subject to any cooling-off period.
Cooling-off and enquiries
Unless the purchase was at auction or a section 66W certificate was given, the buyer has five business days (ten for off-the-plan) to withdraw. Finance, inspections and searches are finalised in this window.
Transfer duty and concessions
The buyer's representative arranges for transfer duty to be assessed by Revenue NSW, applies for any first home buyer exemption or concession, and arranges payment by the due date.
Electronic settlement
The parties' representatives and lenders settle through an electronic lodgment network such as PEXA, usually around six weeks after exchange. Funds are paid and the transfer is lodged.
Registration
NSW Land Registry Services records the new owner on the land title register. No paper certificate of title is issued.
Time limits in New South Wales
| Step or claim | Time limit | Source |
|---|---|---|
| Cooling-off period for residential purchases (NSW) | 5 business days, ending at 5pm on the fifth business day after exchange; 10 business days for off-the-plan contracts. Withdrawing costs 0.25% of the price. No cooling-off at auction or where a section 66W certificate is given. | https://www.nsw.gov.au/housing-and-construction/buying-and-selling-property/buying-property-nsw/contracts-and-deposits |
| Buyer's right to rescind if prescribed documents are not attached | Within 14 days of exchange | https://www.nsw.gov.au/housing-and-construction/property-professionals/working-as-an-agent/sales-contracts |
| Transfer duty payment | Within 3 months of signing the contract, or on settlement if earlier; eligible off-the-plan buyers may generally defer to the earlier of settlement or 15 months after signing | https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/paying-duties/who-pays-and-when |
| First Home Buyers Assistance Scheme thresholds | Full exemption for homes up to $800,000 (concession under $1 million); vacant land exemption up to $350,000 (concession under $450,000) | https://www.revenue.nsw.gov.au/grants-schemes/first-home-buyer/assistance-scheme |
| NCAT residential tenancy applications | Breach of agreement: within 3 months of becoming aware; rent increase challenge: within 30 days of the notice; bond dispute: within 6 months after the bond is paid out. General money order limit $15,000. | https://ncat.nsw.gov.au/case-types/housing-and-property/tenancy/tenancy-and-social-housing-orders.html |
| NCAT retail lease claims | Within 3 years after the liability or obligation in dispute arose; limit $750,000 for leases entered into on or after 1 July 2017 ($400,000 for earlier leases) | https://ncat.nsw.gov.au/case-types/consumers-and-businesses/retail-leases.html |
Costs
For a NSW purchase, the largest cost beyond the price is usually transfer duty, which is set by Revenue NSW and depends on the property value and whether a first home buyer concession applies. Legal costs depend on the type of title, whether the purchase is off the plan or strata, and how much negotiation or dispute work is involved; searches, registration fees and any NCAT or court filing fees are charged on top. You will receive a written costs disclosure before any work starts.
Property Law & Conveyancing services we handle
These are our general service guides. They explain each service in detail but are not written for New South Wales specifically, so read them together with the information on this page.
- General guideConveyancing, Property Transfers & SalesMelbourne conveyancing advice for property purchases, sales, family transfers and settlement management.
- General guideCommercial & Retail Lease AgreementsMelbourne commercial and retail lease drafting, review and negotiation, including disclosure, renewals and assignments.
- General guideLandlord & Tenant DisputesMelbourne advice on residential, retail and commercial landlord-tenant disputes, including possession, rent and lease enforcement.
Helpful tools
These tools give general estimates only. Some were built around the law of one state, so check the result with a lawyer.
What our Sydney clients say
“When false statements were published about my business online, Vitt Legal acted swiftly. They secured a retraction and damages that vindicated my reputation completely.”
Sophie B. · Sydney
“Vitt Legal represented my son in a very stressful situation. They were reassuring, professional, and achieved the best possible outcome for our family. Truly outstanding lawyers.”
Michelle G. · Sydney
“After months of trying to resolve a commercial dispute ourselves, we engaged Vitt Legal. They cut through the noise, negotiated firmly, and settled the matter within weeks.”
Chris N. · Sydney
Property Law & Conveyancing in Sydney: frequently asked questions
How long is the cooling-off period when buying a home in NSW?
Five business days. It ends at 5pm on the fifth business day after contracts are exchanged. For off-the-plan purchases it is ten business days. If you withdraw during cooling-off, you forfeit 0.25% of the purchase price to the seller, which is $250 for every $100,000. There is no cooling-off period if you buy at auction, or on the same day after the property is passed in at auction, or if you give the seller a section 66W certificate.
What is a section 66W certificate and should I sign one in Sydney?
A section 66W certificate is the document a buyer gives the seller to waive the cooling-off period on a NSW residential purchase. It takes its name from section 66W of the Conveyancing Act 1919 (NSW). NSW Government guidance says the cooling-off period can only be waived or shortened if your own lawyer or conveyancer provides the certificate and explains the contract and the consequences to you. Once it is given, you cannot withdraw by paying the 0.25% cooling-off amount. Whether it suits you depends on your finance, inspections and the contract terms, so get advice first.
What does a seller have to disclose when selling property in NSW?
In NSW the disclosure sits inside the contract for sale. The contract must be prepared before the property is advertised and must attach prescribed documents, including a title search, drainage diagram, council planning certificate, any registered easements or covenants and a smoke alarm and loose-fill asbestos notice, plus pool compliance documents where relevant. NSW Government guidance states that if required documents are not attached when the contract is signed, the buyer may rescind the contract within 14 days of exchange.
When do I have to pay transfer duty on a Parramatta purchase?
Transfer duty is payable to Revenue NSW by the buyer, generally within three months of signing the contract or on settlement, whichever comes first. If you are buying off the plan and will live in the home, you may be able to defer payment, generally until the earlier of settlement or 15 months after signing. Revenue NSW charges interest on overdue duty, so the payment date should be diarised as soon as contracts are exchanged.
Do first home buyers pay stamp duty in NSW?
Not always. Under the First Home Buyers Assistance Scheme, for contracts exchanged on or after 1 July 2023, eligible first home buyers pay no transfer duty on a new or existing home valued at $800,000 or less, and a reduced amount above $800,000 and under $1 million. For vacant land the exemption applies up to $350,000 with a concession under $450,000. You must move in within 12 months of settlement and live there for at least 12 continuous months.
Where are tenancy disputes heard in Western Sydney?
Residential tenancy disputes in NSW are decided by NCAT's Consumer and Commercial Division under the Residential Tenancies Act 2010. NCAT has a registry at Level 5, 9 George Street, Parramatta, and further registries in Penrith and Liverpool. You can apply online. Cases are generally listed first for conciliation, which is an assisted attempt to agree, and go to a hearing if they do not resolve. Short time limits apply, including three months for breach applications.
I have a retail shop lease dispute in NSW. Can I go straight to NCAT?
Usually not. Under the Retail Leases Act 1994 (NSW), mediation through the NSW Small Business Commissioner is compulsory for most retail lease claims, and NCAT generally requires a mediation certificate with your application unless you are seeking an injunction, which is an urgent order to stop or require something. NCAT can hear retail lease claims up to $750,000 for leases entered into from 1 July 2017, and applications must be made within three years after the liability or obligation arose.
Will I get a paper title deed after settlement in NSW?
No. Paper certificates of title were cancelled in NSW on 11 October 2021, and from that date all land dealings must be lodged electronically. Your ownership is recorded on the land title register maintained by NSW Land Registry Services, and under the Torrens title system that registered title is guaranteed by the State Government. Your solicitor or conveyancer completes settlement through an electronic platform such as PEXA or Sympli and can give you a title search showing you as registered owner.
Property Law & Conveyancing in other cities
Other legal services in Sydney
- Family Law in Sydney
- Criminal Law in Sydney
- Employment & Workplace Disputes in Sydney
- Construction, Building & Planning Disputes in Sydney
- Commercial Disputes & Litigation in Sydney
- Migration Law in Sydney
- Intellectual Property Law in Sydney
- Defamation & Reputation Protection in Sydney
- Commercial & Franchise Law in Sydney
- Wills & Estates in Sydney
- Insolvency & Restructuring in Sydney
- Personal Injury in Sydney
Expert Legal Help
Ready to Take the First Step?
Don't navigate legal challenges alone. Our experienced team is here to provide compassionate, expert guidance every step of the way.

