KEY INTERSTATE CONVEYANCING TAKE-OUTS: Conveyancing requirements differ between Australian states and territories, including contracts, cooling-off periods, disclosure requirements and settlement processes. Buying or selling property interstate can involve different transfer duty rules, first home buyer concessions and legal requirements. It is important to use a solicitor or conveyancer who understands the requirements that apply in the state or territory where the property is located. Article updated March 12, 2025 When purchasing or selling property in another state, it is important to understand that the conveyancing process may be different from what you are familiar with in New South Wales. Contract requirements, cooling-off periods, property disclosures, finance conditions, settlement procedures and transfer duty rules can all vary depending on where the property is located. Coutts assists clients with interstate property conveyancing, helping buyers and sellers navigate the requirements that apply to their transaction. The guide below outlines some of the key differences that can arise when buying or selling property across Australia. Conveyancing in Queensland In NSW, when purchasing a property, the buyer is required to finalise finance and obtain any property inspection reports either prior to an unconditional exchange or within the cooling-off period, where applicable. The same requirements apply in QLD, but the conditions surrounding each requirement are different. Contracts in QLD can be, if required, conditional upon a buyer obtaining finance and/or obtaining any property inspection reports. These conditions are additional to a cooling-off period, which is five business days, and normally vary between 7 to 21 days depending on what both parties agree upon. Conveyancing in Victoria When selling property in NSW, contracts need to include a list of prescribed and mandatory certificates. The concept is similar in Victoria; however, the documents are provided by way of a statement known as a Vendor Statement. This is legally required and is mandatory for every contract of sale prepared. The deposit is not automatically released after an unconditional exchange of contracts. In Victoria, the seller must issue the buyer with a Section 27 Notice for early release of the deposit. The buyer must sign this notice, and it includes details of the seller’s mortgage payout figure to demonstrate they can settle the transaction without risk to the purchaser. If this condition is not met, the deposit cannot be released early. Conveyancing in South Australia Conveyancing in South Australia is very similar to QLD and VIC. Contracts in SA can be conditional upon finance and property inspection reports if required. Just like VIC and NSW, the contract has a legal requirement to include specific documents and warranties. In SA, this requirement is met through Form 1, which is prepared and provided by the seller to the buyer. Without Form 1, contracts cannot be exchanged unconditionally. Form 1 includes key documents such as water rates, council rates, strata fees where applicable, and emergency service levies. Upon Form 1 being provided, a buyer is entitled to a two-business day cooling-off period. Conveyancing in the Australian Capital Territory In NSW and other states mentioned above, when entering a contract, a buyer is entering a contract to purchase the land and any dwellings constructed on it. However, in the ACT, this is not the case. Instead, when you enter a contract in the ACT, you are not purchasing the land but rather entering into a 99-year lease with the Crown. At the end of a conveyancing transaction in the ACT, the buyer will enter a lease registered on title, while the title itself remains registered to the Crown. These types of differences are one reason why it is important to understand the requirements of the jurisdiction where you are purchasing, rather than assuming the NSW conveyancing process will apply interstate. Conveyancing in Tasmania Similar to most states, in TAS, when a person is selling, the agent prepares the contract to market the property. In contrast, in NSW, a solicitor or conveyancer prepares the contract before sending it to an agent. Unlike other states, purchase contracts in TAS are not automatically conditional upon a buyer obtaining satisfactory finance or building inspection reports unless these conditions are explicitly requested and negotiated between the parties. Please note that we do not offer conveyancing services in Tasmania. Conveyancing in Western Australia In WA, an agent can assist a person in preparing a contract with the mandatory documents, allowing the agent to market the property. On settlement of a property in WA, any outstanding council and water rates owed by the seller become payable by the buyer. The buyer must then settle these payments to complete registration of the property in their name. WA does not have a cooling-off period for property transactions. However, finance, pest, and building conditions can still be negotiated as part of the contract. Conveyancing in the Northern Territory In NT, a contract of sale can be prepared by a conveyancer, solicitor, or agent. However, an agent cannot finalise and exchange a contract unless it has been approved and finalised by a solicitor or conveyancer. The NT contract specifies that all fixtures and fittings, such as items that are screwed, bolted, joined, nailed, glued, or plumbed into the property, are included in the sale unless specifically excluded in writing. If any fixtures are not included, they must be explicitly noted in the contract. All private treaty sale contracts in NT include a four-business day cooling-off period. Please note that we do not offer conveyancing services in the Northern Territory. Do I Need a Conveyancer or Solicitor for an Interstate Property Transaction? The professional who can assist with an interstate property transaction will depend on where the property is located, the practitioner’s authorisation to work in that jurisdiction and the complexity of the matter. Licensed conveyancers and solicitors can both undertake conveyancing work, but their scope of practice and interstate requirements can differ. If you are unsure which type of professional is appropriate, our guide to the difference between a conveyancer and solicitor explains when each may be suitable and what to consider when purchasing property interstate. Final Considerations for Interstate Conveyancing Every state and territory in Australia has both consistencies and differences in how residential property transactions are handled. As a buyer or seller, these differences can affect your contractual rights, cooling-off periods, financial obligations and the steps required to reach settlement. This is why interstate buyers and sellers should understand the requirements that apply where the property is located rather than relying on the conveyancing process they may have experienced in another state. If you are planning an interstate purchase or sale, Coutts provides conveyancing assistance for interstate property transactions across multiple Australian jurisdictions. Our team can help you understand the process, review the relevant property documentation and guide your transaction through to settlement. For further information please don’t hesitate to contact: info@couttslegal.com.au 1300 268 887 Contact Coutts today. This blog is merely general and non specific information on the subject matter and is not and should not be considered or relied on as legal advice. Coutts is not responsible for any cost, expense, loss or liability whatsoever in relation to this blog, including all or any reliance on this blog or use or application of this blog by you. Contact Us