The legal side of a NSW property sale is the same whether you sell privately or through an agent, and your solicitor or licensed conveyancer does the heavy lifting. That frees you to focus on the fun part: presenting your home and meeting buyers! This checklist covers every step. It's general information, not legal advice.
1. Engage your solicitor or conveyancer
Do this when you choose your PLBO package. In NSW, the contract for sale must be prepared before you advertise (NSW Government), so starting early means you can launch sooner.
2. The contract and prescribed documents
Your conveyancer attaches the prescribed documents to the contract (NSW Government):
| Document | What it shows |
|---|---|
| Property certificate (title search) | ownership, mortgages and registered interests |
| Drainage diagram | sewer and stormwater connections |
| Planning certificate (from council) | zoning and planning controls affecting the land |
| Dealings | easements, restrictions on use, positive covenants |
| Smoke alarm and loose-fill asbestos notice | the prescribed notice (unless printed in the contract) |
| Pool certificate (if you have a pool or spa) | a certificate of compliance, an occupation certificate with registration, or a certificate of non-compliance |
The contract also contains the prescribed cooling-off statement and any property exclusions.
2026 update: from 1 June 2026, contracts must use the revised prescribed cooling-off notice found in the 2026 edition of the standard contract (Michael Campbell Law). Your conveyancer will use the current form.
3. Exchange and deposit
- The buyer and seller sign separate copies, which are exchanged, making the contract binding.
- The deposit, commonly 10%, is paid at exchange and held in trust.
- Record every agreed condition in the contract before exchange.
4. Cooling-off
| Rule | Detail |
|---|---|
| Length | 5 business days after exchange |
| Cost to the buyer if they rescind | 0.25% of the purchase price |
| No cooling-off | at auction, or if the buyer gives a section 66W certificate |
5. 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). Apply online on day one.
- Capital gains tax. Your main residence is generally exempt. Investment properties usually aren't, fully or partly. Check with your accountant.
- GST. Not normally payable on an existing home. It can apply to new residential or commercial property.
6. Settlement adjustments
Your conveyancer apportions the running costs so you only pay for your period of ownership: council rates, water rates, and strata levies for units. Keep your accounts up to date for a smooth settlement.
7. Safety and building items
- Smoke alarms: keep them working, because every NSW home must have them, and the contract carries the prescribed notice.
- Pools: have your pool certificate ready, as it's attached to the contract.
- Building approvals: have council approvals for extensions, granny flats and decks handy. Buyers love tidy paperwork.
Document checklist: gather these in week one
| Document | Where from |
|---|---|
| Contract and prescribed documents | your solicitor or conveyancer |
| Pool certificate | an accredited certifier or your council |
| Council and water rates notices | your council and water authority |
| Strata information (units) | your strata manager |
| Building approvals | your council |
| ATO clearance certificate | ATO online |
| Inclusions list | you |
8. Settlement day
Settlement happens electronically between the solicitors or conveyancers. 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 NSW buyers from a position of strength. Then list in minutes with Generate with AI.
Put it into action
Follow the NSW 8-week plan, and choose your PLBO package. While your conveyancer handles the contract, 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.