KEY TAKE-OUTS
- You do not need to personally obtain every document used in a NSW conveyancing transaction.
- Buyers and sellers provide identification, transaction details and information specific to their circumstances.
- Your conveyancer prepares or obtains many of the legal documents, searches and certificates required.
- Sellers need a Contract for Sale containing prescribed property documents before a residential property can be marketed for sale.
- NSW conveyancing also involves verification of identity, Revenue NSW documentation and electronic settlement requirements.
A NSW property transaction involves several different types of documents, but buyers and sellers do not personally prepare or obtain all of them.
Some documents and information come from you. Your conveyancer obtains or prepares others. Further documents are required by Revenue NSW, NSW Land Registry Services, lenders or other authorities.
In practice, clients rarely begin a conveyancing matter with every document required for settlement. A large part of the conveyancer’s role is identifying what is needed, obtaining the appropriate searches and certificates and preparing the transaction documents at the correct stage.
The simplest way to approach a conveyancing documents checklist is to separate what you need to provide from what your conveyancer handles.
What Documents Do You Need for Conveyancing in NSW?
The documents you need depend on whether you are buying or selling, the property type and the circumstances of the transaction.
| Document or information | Buyer | Seller | Who usually handles it? |
|---|---|---|---|
| Identification | Required | Required | Client provides; practitioner verifies |
| Client Authorisation | Required | Required | Practitioner prepares/provides for completion |
| Contract for Sale | Reviews/signs | Provides property information | Seller’s practitioner prepares |
| Title search & registered plan | Reviewed | Required for sale contract | Practitioner obtains |
| Purchaser/Transferee Declaration | Required | — | Buyer provides information; practitioner assists |
| Finance/lender details | If borrowing | If mortgage exists | Client provides; practitioner coordinates |
| Property searches & certificates | As required | As required | Usually obtained by practitioner |
| Land tax clearance certificate | — | Required for settlement | Seller’s practitioner generally manages |
| Property tax status certificate | — | Where applicable | Seller’s practitioner generally manages |
| ATO clearance certificate | — | Usually relevant to Australian-resident sellers | Seller applies; practitioner can assist |
| Transfer & settlement documents | Required | Required | Usually prepared and lodged electronically |
Additional requirements can apply to strata properties, off-the-plan purchases, swimming pools, trusts, companies, SMSFs, tenancies and other circumstances.
Buyer Conveyancing Documents Checklist
A buyer generally needs to provide identification, ownership and transaction details, Revenue NSW information and lender details where finance is involved.
Common buyer requirements include:
- identification documents;
- a completed Client Authorisation;
- the Contract for Sale;
- full purchaser details;
- details of how ownership will be held;
- information required for the Purchaser/Transferee Declaration;
- supporting information required by Revenue NSW;
- lender and loan details where finance is involved;
- company, trust or SMSF information where applicable; and
- information about deadlines, special arrangements or concerns about the property.
Your conveyancer should tell you exactly what is required for your transaction rather than expecting you to assemble a generic bundle of documents.
Contract for Sale
The Contract for Sale is one of the first documents a buyer should give their conveyancer for review.
It sets the legal terms of the purchase and contains important information about the price, deposit, settlement arrangements, special conditions and property.
Where possible, buyers should obtain the contract early enough for it to be reviewed before they commit to purchasing.
See our guide to property contract reviews in NSW for what a conveyancer checks before you sign.
Purchaser/Transferee Declaration
Each person acquiring an interest in NSW land generally needs to complete a Purchaser/Transferee Declaration for Revenue NSW.
The declaration records information about the purchaser and transaction, including information relevant to foreign-person status.
Revenue NSW can also require supporting evidence of identity, citizenship or residency status depending on the purchaser’s circumstances.
Your conveyancer can explain what information and supporting evidence are required and manage the relevant Revenue NSW processing.
Seller Conveyancing Documents Checklist
A seller needs to provide enough information for their conveyancer to prepare the Contract for Sale, deal with any mortgage and complete the sale.
This commonly includes:
- identification;
- ownership details;
- mortgage and lender details;
- property information;
- inclusions and exclusions;
- details of an existing tenancy;
- swimming or spa pool information where relevant;
- information about circumstances affecting the property;
- settlement instructions; and
- any additional information requested for the transaction.
The seller does not normally need to obtain the title search, registered plan and every required certificate personally.
The solicitor or conveyancer generally obtains the prescribed documents and prepares the Contract for Sale using the information supplied by the seller.
For the full transaction sequence, see our guide to selling property in NSW.
What Documents Must Be in a NSW Contract for Sale?
A NSW Contract for Sale must contain prescribed documents that disclose important legal and property information to the buyer.
A residential property also needs a Contract for Sale prepared before it can be advertised for sale in NSW.
NSW Government guidance on selling property identifies key documents required as part of the Contract for Sale.
For a typical residential property, the prescribed material can include:
- the property certificate or title search;
- the registered plan;
- relevant registered dealings;
- a section 10.7 planning certificate;
- prescribed drainage or sewer information; and
- the required cooling-off notice.
Relevant registered dealings can include easements, restrictions on the use of land, positive covenants and other interests affecting the property.
These are documents required for the Contract for Sale, not necessarily documents the seller needs to find personally.
In practice, the seller gives their solicitor or conveyancer the information they know about the property, and the practitioner obtains the appropriate title, planning and other prescribed material when preparing the contract.
Verification of Identity and Client Authorisation
Verification of identity confirms who you are, while a Client Authorisation gives your conveyancer authority to act for you in the electronic transaction.
Both are important parts of modern NSW conveyancing.
Verification of Identity
Your conveyancer must take appropriate steps to verify your identity and establish your right to deal with the property.
This is more than simply emailing a photograph of a driver’s licence.
The exact documents depend on your circumstances and the verification method being used, so follow the requirements provided by your conveyancer rather than relying on a generic online ID checklist.
Revenue NSW can also have separate evidence requirements for duties purposes.
For example, a digital NSW driver licence cannot simply be certified and used in the same way as a physical identity document for Revenue NSW duties documentation.
Client Authorisation
A Client Authorisation allows your solicitor or conveyancer to perform specified conveyancing tasks on your behalf.
This can include authorised electronic signing and lodgment of land registry documents and associated steps required to complete the transaction.
It does not give the practitioner unlimited authority over your affairs. It applies to the transaction or transactions covered by the authorisation.
NSW Registrar General guidance on electronic conveyancing explains the identity and authority requirements that apply to electronic transactions.
Who Obtains the Property Searches and Certificates?
Your conveyancer generally obtains or coordinates the searches and certificates required for the transaction.
Depending on the property, these can include:
- title searches;
- registered plans and dealings;
- council or planning certificates;
- water or drainage information;
- strata information;
- land tax information; and
- other property-specific searches.
Not every search is required for every property.
The appropriate enquiries depend on the title, property type and issues relevant to the particular transaction.
A strata apartment can require different enquiries from a Torrens title house, while unusual title interests or property circumstances can require additional searches.
So when a conveyancer asks you for information about the property, that does not necessarily mean you need to obtain the underlying search yourself.
What Documents Are Needed Before Settlement?
Before settlement, the conveyancer needs to ensure the required clearances, transfer documentation, duty information and lender arrangements are ready.
Several certificates can become important on the seller’s side.
| Document | Issued by | What it deals with |
|---|---|---|
| Land tax clearance certificate | Revenue NSW | The land tax position associated with the property |
| Property tax status certificate | Revenue NSW | Whether the property is affected by the former First Home Buyer Choice property tax arrangements |
| Foreign resident capital gains withholding clearance certificate | Australian Taxation Office | Allows an eligible Australian-resident seller to avoid purchaser withholding |
NSW Land Tax Clearance Certificate
A section 47 land tax clearance certificate identifies the land tax position of the property and helps protect the purchaser against unpaid land tax attached to the land.
Revenue NSW requires the seller to provide the purchaser with a current certificate before settlement, generally at least 14 days beforehand.
The seller’s solicitor or conveyancer ordinarily manages this as part of the transaction.
This is not simply an administrative form. Outstanding land tax can affect the property, which is why the clearance process matters to the purchaser.
See Revenue NSW guidance on land tax clearance certificates for current requirements.
Property Tax Status Certificate
A property tax status certificate may also be required where a property is affected by the former First Home Buyer Choice property tax scheme.
Although new purchasers can no longer opt into that scheme, some properties remain affected because of earlier transactions.
Where applicable, the certificate identifies the property’s status for settlement purposes.
Your conveyancer can determine whether this requirement applies to the particular property.
ATO Clearance Certificate
Australian-resident sellers generally need an ATO clearance certificate to prevent the purchaser withholding 15% of the sale price under the foreign resident capital gains withholding rules.
Since 1 January 2025, the previous property-value threshold has been removed and the withholding rate is 15%.
Each vendor needs their own clearance certificate.
The ATO recommends applying early because some applications can take up to 28 days to process.
The ATO clearance certificate is not the same document as a Revenue NSW land tax clearance certificate. They are issued by different authorities and serve different purposes.
See the ATO guidance on foreign resident capital gains withholding clearance certificates for current requirements.
How Are Transfer and Settlement Documents Handled?
Most NSW property transfers and settlements are completed electronically by the parties’ conveyancers or solicitors.
Clients authorise the transaction; the practitioner manages the electronic registry and settlement documents.
Your conveyancer can prepare and manage:
- the electronic transfer;
- Revenue NSW duty verification;
- the Notice of Sale;
- mortgage or discharge coordination with lenders; and
- electronic settlement.
The electronic Notice of Sale provides information used to update relevant government and rating records after ownership changes.
If you are buying with finance, your lender separately prepares its loan and mortgage documentation. Your conveyancer coordinates with the lender as required for settlement.
If you are selling a mortgaged property, your lender needs to arrange discharge of the existing mortgage.
You may therefore never physically handle every legal document used to transfer ownership of the property.
What Does PEXA Have to Do With the Documents?
PEXA is one electronic lodgment network that conveyancers and solicitors can use to prepare, sign, lodge and settle property transactions electronically.
Your conveyancer manages the electronic workspace and relevant transaction documents.
You still need to provide the required identification, authority and transaction information, but your practitioner handles much of the registry and settlement documentation electronically.
PEXA is not the only recognised electronic lodgment network, so it is more accurate to think of it as part of the wider electronic conveyancing system rather than as the legal process itself.
For a detailed explanation, see our guide to PEXA for NSW property buyers and sellers.
When Do You Need Additional Conveyancing Documents?
Additional documents may be required when the property, ownership structure or parties make the transaction different from a standard residential purchase or sale.
Examples include:
- strata or community title;
- off-the-plan property;
- swimming or spa pools;
- existing tenancies;
- companies;
- trusts;
- self-managed superannuation funds;
- deceased estates;
- powers of attorney;
- foreign purchasers or sellers;
- new residential property subject to GST withholding;
- multiple mortgages or caveats; and
- unusual title interests.
For example, a property with a swimming or spa pool can require particular compliance documents to accompany the Contract for Sale, depending on the property and applicable exemptions.
A company, trust or SMSF transaction can also require additional information about the entity, ownership arrangements and authority to enter the transaction.
The earlier your conveyancer knows about an unusual ownership structure or property circumstance, the easier it is to identify additional documentation before it becomes a settlement issue.
What Should You Give Your Conveyancer First?
You only need enough information to let your conveyancer identify the transaction and tell you what they need next.
If You Are Buying
Start by sending the Contract for Sale, your details, how you intend to purchase, lender information where relevant and any important deadline.
This might include an upcoming auction, proposed exchange date or another time-sensitive issue affecting the purchase.
If You Are Selling
Start with the property address, your ownership and contact details, lender information and relevant details about the property and intended sale timing.
Your conveyancer can then tell you which identification, declarations, authorities and supporting documents are required.
For the wider transaction sequence, see the NSW property buying process or our guide to selling property in NSW.
A Checklist Is Only the Starting Point
There is no single document checklist that applies unchanged to every NSW conveyancing transaction.
The documentation for a straightforward Torrens title purchase can differ substantially from the requirements for strata, off-the-plan property, trusts, companies, deceased estates or other transactions.
Your conveyancer should identify the documents required for your particular property and transaction, rather than relying solely on a generic checklist.
If you are buying or selling property in Sydney, Coutts’ Sydney property conveyancing team can advise you on the documents required and manage the transaction through to settlement.
Frequently Asked Questions
What Documents Do I Need to Give My Conveyancer When Buying a House?
Buyers commonly need to provide identification, the Contract for Sale, purchaser and ownership details, Revenue NSW information, lender details where finance is involved and a Client Authorisation.
Your conveyancer will confirm the specific supporting documents required for your purchase.
What Documents Do I Need to Sell a Property in NSW?
Sellers commonly provide identification, ownership and lender details, property information, inclusions and exclusions, tenancy information where relevant and other details needed to prepare the Contract for Sale.
The seller’s conveyancer generally obtains the title, plan, certificates and prescribed property documents.
Do I Need the Original Certificate of Title?
Generally, no. NSW abolished paper Certificates of Title in 2021.
Ownership information is now recorded electronically in the Torrens Title Register.
Do I Need to Find My Own Property Searches?
Usually not. Your conveyancer or solicitor generally arranges the searches and certificates required for the transaction.
The exact searches depend on the property and transaction.
What Identification Do I Need for Conveyancing?
The identification you need depends on your circumstances and the verification method being used.
Your conveyancer should tell you exactly which identity documents and supporting evidence you need to provide.
What Is a Client Authorisation?
A Client Authorisation gives your solicitor or conveyancer authority to perform specified conveyancing tasks on your behalf.
This can include authorised electronic signing and lodgment of relevant land registry documents.
Does the Buyer Sign a Transfer Form in NSW?
NSW property transfers are generally completed electronically rather than through the buyer personally lodging a paper transfer.
Your conveyancer prepares and electronically signs relevant registry documents under the authority you have provided.
Do Sellers Need an ATO Clearance Certificate?
Australian-resident sellers of Australian real property generally need an ATO clearance certificate to prevent the purchaser withholding 15% of the sale price under the foreign resident capital gains withholding rules.
Each vendor requires their own certificate, and sellers should apply early enough for it to be available before settlement.
