Australian Capital Territory private sale article

Selling Your Property Privately in the ACT: Legal and Tax Checklist

Every legal and tax step for a private sale in the ACT: contract before advertising, required documents, EER, cooling-off, ATO clearance and settlement.

The legal side of an ACT property sale is the same whether you sell privately or through an agent, and your conveyancer or lawyer does the heavy lifting. The ACT's system is wonderfully transparent: buyers see the key reports before they commit, which makes for confident, well-informed offers. You get to focus on the fun part: presenting your home and meeting buyers! Here's every step. It's general information, not legal advice.

1. Engage your conveyancer or lawyer

Do this when you choose your PLBO package. Canberra has experienced conveyancers and property lawyers who prepare the contract, gather the required documents, hold the deposit in trust and complete settlement.

2. The contract comes before the advertising

Under the Civil Law (Sale of Residential Property) Act 2003, the contract, with its required documents attached, must be prepared before your home is advertised or offered for sale. So get the paperwork moving in week one, and you'll be ready to launch the moment your photos are done!

3. Required documents

DocumentWhat it is
Crown leaseACT homes are held on crown leases; this sets out the lease terms and purpose
Certificate of titleconfirms ownership and registered interests
Deposited plan or units planshows the block, or the unit and common property
Encumbranceseasements, covenants and other registered dealings
Building and compliance inspection reportthe home's condition and whether structures are approved
Pest inspection reporttimber pest findings
Energy efficiency rating (EER) statementthe home's energy efficiency star rating, from an accredited assessor
Asbestos advicefor older homes, as advised by your conveyancer
Building file documentsapprovals and plans held by the ACT Government
Rates and land tax informationfrom the ACT Revenue Office
Owners corporation certificatefor units and townhouses

Your conveyancer confirms exactly what applies to your property and how current each report must be.

4. Your EER in every advertisement

The energy efficiency rating must appear in advertising for the property, including your PLBO listing, portal ads, signboards and social posts. A great EER is a real selling point in Canberra's cold winters, so show it off proudly!

5. Cooling-off

RuleDetail
Length5 business days for private treaty sales
If a buyer withdrawsthey forfeit 0.25% of the purchase price
Waivera section 17 certificate from the buyer's lawyer waives cooling-off
Auctionsno cooling-off

6. Deposit

Usually 10%, held in trust as set out in the contract.

7. Tax

  • ATO clearance certificate. Since 1 January 2025, buyers must withhold 15% on every property sale unless the seller provides a valid clearance certificate at or before settlement (ATO). It's free and online.
  • Capital gains tax. Your main residence is generally exempt. Investments usually aren't, fully or partly.
  • GST. Not normally payable on an existing home.

8. Settlement adjustments

Your conveyancer apportions general rates, land tax (for rented properties), water and sewerage charges, and any owners corporation levies so you pay only for your time as owner.

Document checklist: gather these in week one

DocumentWhere from
Contract with required documentsyour conveyancer or lawyer
Building and compliance inspection reporta licensed building inspector
Pest inspection reporta licensed pest inspector
EER statementan accredited EER assessor
Building fileAccess Canberra, via your conveyancer
Rates noticeACT Revenue Office
Owners corporation certificate (units)your owners corporation manager
ATO clearance certificateATO online

9. Settlement day

Settlement is completed by the conveyancers or lawyers. You hand over the keys and receive 100% of your sale proceeds. PLBO takes no commission.

The part you control: price and presentation

While your conveyancer looks after the legal steps, you focus on the exciting part! Your PLBO property comparables report shows recent sales of similar homes near you, so you can set your asking price with confidence and talk to Canberra buyers from a position of strength. Then list in minutes with Generate with AI.

Put it into action

Follow the ACT 8-week plan and choose your PLBO package. As soon as your contract is ready, PLBO puts your home in front of buyers on PLBO and across Domain, view, homely, Soho, realty, onthehouse and allhomes*. Let's get it sold!

*Availability on allhomes.com.au may depend on the property's location, listing type and applicable portal requirements.

Frequently asked questions

Is the legal process different when I sell privately?

No. The contract, required documents, EER disclosure, cooling-off and settlement are exactly the same in a private sale as in an agent sale, and your conveyancer or lawyer handles them.

What must be ready before I advertise?

In the ACT the contract and its required documents must be prepared before the property is advertised or offered for sale. That includes the building and compliance inspection report, pest report and EER statement.

How does cooling-off work in the ACT?

Buyers have five business days in a private treaty sale. A buyer who withdraws forfeits 0.25% of the price. There's no cooling-off at auction, and a section 17 certificate from the buyer's lawyer waives it.

What is an ATO clearance certificate?

It confirms you're an Australian resident for tax purposes. Since 1 January 2025, buyers must withhold 15% on every property sale unless the seller provides one. It's free and online.