The Conveyancing Act 1919 provides that a person selling residential property must attach certain documents to the contract for the sale and purchase of land before the buyer signs it. The seller cannot contract out of this requirement: a provision of the contract purporting to exclude a document from the contract will be void and unenforceable.

Vendor disclosure regulation

A seller must disclose certain matters in the contract and to make certain warranties about the property. The disclosure documents are compulsory, including the Certificate of Title, Zoning Certificate, Drainage Diagrams, and must be attached to the contract. If these documents are not attached the purchaser can rescind the contract. The warranties you need to give as a seller on the date of contract may include that:

1. The land or property being offered for sale is not subject to any adverse affectation;
2. The land does not contain any part of a sewer main;
3. The Zoning Certificate attached to the contract specifies the true status and permitted uses of the property or land; and
4. There is no matter about the property or land that would have the relevant council issue a demolition order or work order.

Prescribed documents to be attached

Prescribed documents must be attached to a contract of sale, without a buyer may rescind. They include:

1. A title search, which shows the ownership, interest details and any restriction on the property. It includes volume / folio details, details pertaining to a plan, registered encumbrance, easements and covenants;
2. Any dealings on the property;
3. The Deposited Plan;
4. A Zoning Certificate: Issued by the relevant council, containing the planning controls applicable to a particular land or property and the true status and permitted use of the property;
5. Drainage or sewer diagrams: Issued by the local water authority, showing the location of the internal and external service lines or sewer main of the property;
6. Home building insurance. Builder warranty insurance must be attached to the contract of sale if building work has been done in the previous six years, the value of which exceeded $20,000. An insurance certificate must be attached to the contract. Before entering into the contract for sale, the seller must also give the buyer a brochure about the insurance cover and procedures for the resolution of disputes.

Annexing an Outstanding Notices Certificate to the contract is optional.

It is compulsory to serve a current Land Tax Certificate on the purchaser.

A purchaser should also consider obtaining a pest inspection and building report. A pest inspection report is obtained from a qualified pest controller. It discloses whether the property is infested with pests which may have caused or are likely to cause damage. A building report is obtained from a qualified builder and reveals if there are any building problems which need to be rectified.

What if required documents are not in the contract?

The Conveyancing Act and the Conveyancing (Sale of Land) Regulation 2022 provide that if any of the above documents are not included in the sale of land contract, the buyer may rescind (pull out of) the contract within 14 days after the making of the contract, unless the contract has been completed.

This right is separate from the buyer’s cooling off rights and can be exercised by the buyer even if she/he waives the right to a cooling off period after exchange. A notice of rescission rescinds the contract from the time the contract was made and any money the buyer paid the seller or their agent under the contract must be refunded.

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