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Off-the-Plan Contract Review: Sunset Clauses, Deposits and Plan Changes by State (Australia, 2026)

Can the developer cancel under a sunset clause or change the floor plan? Off-the-plan deposits, cooling-off and disclosure in every state.

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In NSW, Victoria, Queensland and the ACT a developer cannot use a sunset clause to cancel an off-the-plan contract without your written consent or a Supreme Court order. NSW, Victoria and Queensland also require your deposit to be held in trust, and most states give you a short window to get out if a plan change materially affects you: 14 days in NSW and Victoria, 21 days in Queensland and the ACT, 15 working days for WA strata lots and 10 working days in the NT. Cooling-off ranges from none (WA and Tasmania) to 10 business days (NSW).

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Prepared by Claim Done from each state and territory’s sale of land, land sales, strata and unit title legislation and official Fair Trading, Registrar General and Consumer Protection pages, all listed under Sources. Last checked 8 November 2026. The NSW legislation website could not be read, so NSW points rest on NSW Fair Trading and the NSW Registrar General; where a state has no rule we could confirm, we say “Not confirmed”.

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What to check in an off-the-plan contract

  1. The sunset date. What event it depends on (registration of the plan, an occupancy certificate or settlement) and whether the developer can extend it.
  2. Change clauses. What the developer may change in the plans, finishes, floor area or car parking without your consent.
  3. The deposit. The amount, who holds it, when it can be released, and whether a deposit bond or bank guarantee is accepted.
  4. Disclosure. The disclosure statement, draft plan, schedule of finishes, draft by-laws and estimated levies your state requires before you sign.
  5. Deadlines. The latest date for registration or settlement, after which you may be able to end the contract.
  6. GST. The GST clause and the GST-at-settlement notice for new residential premises.
  7. Finance risk. What happens to your deposit if the bank values the finished property lower, or you cannot settle.

Sunset clauses: can the developer cancel?

A sunset clause lets a contract end if the project is not finished by a set date. The worry is a developer cancelling and reselling at a higher price. Four jurisdictions now control this.

State Can the developer end the contract under a sunset clause?
NSW Only with your consent or a Supreme Court order. This applies to all off-the-plan contracts whenever signed, and the Court can award you damages (s 66ZS, as cited by the Registrar General)
VIC Only with your written consent after at least 28 days’ written notice of the reasons, or a Supreme Court order if just and equitable. You are not obliged to consent, and the developer usually pays your court costs (ss 10A-10F). A rescission outside these rules is a breach (s 10D)
QLD Not automatically. Only with your written consent after a notice given at least 28 days before the sunset date, or a Supreme Court order. Silence is not consent (Land Sales Act ss 19C-19F)
WA Not confirmed: no statutory limit was found in the law we read, so the contract governs
SA Not confirmed: no statutory limit was found in the Act we read. The regulator consulted on limiting sunset clauses in 2024-25
TAS Not confirmed: no statutory limit was found in the law we read
ACT Only with each buyer’s written consent after at least 28 days’ notice, or a Supreme Court order; no automatic rescission; the court may award damages (ss 19B-19E). Covers units, houses and land
NT Not confirmed: no statutory limit was found in the law we read

In Victoria the sunset clause itself must tell you that you have the right not to consent and that the developer can go to court (s 10F). In Queensland, ignoring a sunset notice is not consent, but respond within the stated time.

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Can the developer change the floor plan?

Most contracts allow some changes. The law decides when a change is big enough to let you out, and the deadline to act is short.

State Your rights if the plans change
NSW The developer must notify changes that make the disclosure inaccurate in a “material particular”. If you would not have signed, you may rescind, or settle and claim compensation capped at 2% of the price, within 14 days of being notified
VIC Written notice of a plan amendment within 14 days; you may rescind within 14 days if the lot is materially affected (s 9AC). An amendment restricting the lot’s use lets you avoid the sale before registration (s 10)
QLD A further statement at least 21 days before settlement if the disclosure becomes inaccurate; terminate within 21 days if you would be materially prejudiced (Land Sales Act s 13; BCCM Act s 214). You can rely on a unit disclosure statement as a warranty (s 216)
WA Strata: notifiable variations within 10 working days of the seller becoming aware; avoid within 15 working days if materially prejudiced, with all money back and no penalty (Strata Titles Act ss 157, 160, 164, 165). Consumer Protection warns some contracts let the developer change specifications without your approval
SA Not confirmed: set by the contract. The SA Government lists “if you or the developer can make changes” as a point to check
TAS Not confirmed: set by the contract. In a staged development scheme, the developer warrants development will follow the scheme, and that cannot be excluded (Strata Titles Act s 46)
ACT Disclosure update notices at least 21 days before completion; you have 21 days to rescind, or complete and claim compensation. If you do nothing, the change is taken as accepted (Civil Law (Property) Act ss 260B-260D)
NT A replacement disclosure statement within 20 working days of the seller learning of an error; cancel within 10 working days if substantially prejudiced, with money repaid (Unit Title Schemes Act ss 46, 48)

Off-the-plan deposits: who holds the money?

State Deposit rule
NSW Deposit and instalments held in a trust or controlled money account and not released to the developer before settlement. A deposit bond or bank guarantee only if the developer agrees before signing. A 10% cap is not confirmed
VIC No more than 10% of the price, paid to the developer’s lawyer, conveyancer or estate agent and held on trust until the plan is registered (s 9AA). A breach lets you rescind before registration (s 9AE)
QLD Paid to a law practice, real estate agent or the public trustee and held in trust (Land Sales Act s 17; Property Occupations Act s 162); refunded within 14 days of a valid termination
WA Strata: held on trust until the scheme is registered (s 163). Consumer Protection says the developer can use deposit money after registration unless the contract prevents it. Green-title future lots: paid to the named deposit holder within 2 working days
SA No more than $100 may be demanded before cooling-off ends. Otherwise not confirmed
TAS Not confirmed
ACT Not confirmed
NT Not confirmed

Cooling-off and disclosure before you sign

State Cooling-off Disclosure before signing
NSW 10 business days; you forfeit 0.25% of the price. Waiving or shortening needs your lawyer’s or conveyancer’s certificate Disclosure statement (with sunset dates), surveyor’s draft plan, proposed schedule of finishes, draft by-laws. If missing, rescind within 14 days of exchange
VIC 3 clear business days; the greater of $100 or 0.2% Section 32 statement; works affecting the natural surface level (s 9AB)
QLD 5 business days from receiving the fully signed contract; 0.25% Disclosure plan and statement (Land Sales Act s 10); for units, a statement with estimated levies and the settlement deadline (BCCM s 213). If missing, terminate before settlement
WA None Strata Titles Act s 156 information, plus a 12-month income and expenditure estimate where the developer sells before registration
SA 2 clear business days Form 1 vendor’s statement
TAS None None required by statute
ACT 5 working days; 0.25% Disclosure statement with plan, floor plan, unit entitlements and a 2-year levy estimate (s 260). If never given, rescind before completion; if late, within 21 days
NT 4 business days, not for auctions (nt.gov.au) Registered scheme disclosure statement with estimated annual contributions (s 45)

How long can the developer take?

  • Victoria: if the plan is not registered within 18 months (or the period in the contract), you may rescind before registration (s 9AE(2)). You cannot be made to take possession of an apartment without an occupancy permit (s 9ADA).
  • Queensland: a land lot must settle within 18 months (Land Sales Act s 14). A community titles unit must settle by the contract’s sunset date or 5.5 years, whichever is earlier, or 3.5 years if no date is set (BCCM s 217B).
  • Western Australia: a strata scheme must be registered by the agreed date, or within 6 months if none is agreed (s 163). A green-title future lot contract must include a condition that the seller will become the owner within 6 months or the agreed period, or it is void (Sale of Land Act s 13B).
  • NSW: the developer must give you the registered plan at least 21 days before settlement, and you cannot be made to settle sooner.
  • ACT: you need not complete earlier than 21 days after receiving the registered units plan (s 260G).
  • NT: neither side can force completion until 10 working days after the seller tells you the unit exists (s 44).
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Home building cover in NSW

In NSW, residential building work over $20,000 needs Home Building Compensation cover, and if work has not started the developer must give you proof within 14 days. NSW Fair Trading notes there is no HBC cover for buildings over 3 storeys.

What our review checks

Upload the contract (and the disclosure statement if it is separate), choose your state, and get a plain-English report from the buyer’s side, usually about 5 minutes after you pay. It:

  • puts the sunset date, and when the developer can and cannot cancel, at the top
  • lists the changes the developer may make to plans, finishes, area and parking
  • checks the deposit amount, who holds it and when it can be released
  • checks the disclosure documents and deadlines your state requires
  • flags the GST clause and settlement risks
  • gives you the questions and changes to put to the developer before you sign

It is not legal advice and it does not replace a conveyancer or lawyer. You decide what to sign.

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Questions people ask

What is a sunset clause in an off-the-plan contract?

It is a clause that lets the contract end if the project is not completed, or the plan not registered, by a set date. In NSW, Victoria, Queensland and the ACT the developer cannot use it to cancel without your written consent or a Supreme Court order.

Do I have to agree if the developer asks to cancel under a sunset clause?

No. In Victoria the law says you are not obliged to consent, and in Queensland silence is not consent. In Victoria, Queensland and the ACT the developer must instead convince the Supreme Court it is just and equitable, and usually pays your costs unless you refused unreasonably. In WA, SA, Tasmania and the NT we found no statutory rule, so the contract decides.

Can a developer change the floor plan after I sign?

Usually within limits set by the contract. If a change materially affects you, you may be able to rescind or claim compensation, but only within a short window: 14 days in NSW and Victoria, 21 days in Queensland and the ACT, 15 working days for WA strata lots and 10 working days in the NT.

How much deposit do I pay off the plan?

In Victoria the deposit cannot exceed 10% of the price. Elsewhere it is set by the contract; a NSW cap was not confirmed. In NSW, Victoria, Queensland and WA strata sales the deposit must be held in trust rather than paid to the developer.

Can the developer use my deposit before settlement?

Not in NSW, where it cannot be released before settlement, or in Victoria, where it is held on trust until the plan is registered. In WA, Consumer Protection says the developer can access deposit money after registration unless the contract prevents it.

Can I use a deposit bond for an off-the-plan purchase?

In NSW, only if the developer agrees before the contract is signed. Elsewhere it depends on the contract, so ask before you sign.

How long is cooling-off for off the plan in NSW?

10 business days, longer than for an existing home. Pulling out costs 0.25% of the price, and it can only be waived or shortened if your lawyer or conveyancer gives the required certificate.

What if the building is never finished?

Several states set an outer limit. In Victoria you may rescind if the plan is not registered within 18 months (or the contract period), Queensland land lots must settle within 18 months, and Queensland units by the sunset date or 5.5 years.

What happens if I miss the deadline after a change notice?

You usually lose the right to rescind or claim compensation for that change. In the ACT, doing nothing within 21 days means the change is taken as accepted.

Is there a cooling-off period for off-the-plan in WA or Tasmania?

No. Neither has a statutory cooling-off period, so outside the statutory rights shown in the table, the conditions in the contract are your main exits.

Does home building insurance cover an apartment bought off the plan?

Not in a NSW building over 3 storeys: NSW Fair Trading says HBC cover does not apply. For building work over $20,000 in a building of 3 storeys or less, the developer must provide proof of cover.

Does this review replace a conveyancer?

No. It is a plain-English report that explains the contract and your state’s off-the-plan rules before you sign. A conveyancer or lawyer still handles the purchase, and the review is not legal advice.

Claim Done is not a law firm and does not give legal advice; this page is general information about Australian law as at 8 November 2026. Whether a change is material, or whether a developer may end a contract, is for a court or tribunal to decide.

Sources (checked 8 November 2026)

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