Off the Plan Conveyancing
Buying off the plan comes with risks most buyers don't expect. We know what to look for before you sign.
Off the Plan Conveyancing That Protects Your Investment
Buying off the plan is not the same as buying an established property. The contract is longer, the risks are different, and the timeline can stretch over years. You are committing to a property that may not yet exist based on plans, renders, and promises. Our team reviews off-the-plan contracts every week. We know the clauses that matter, the ones developers rely on, and the protections you need in place before you sign.
How We Help
- Thorough review of the off-the-plan contract of sale and Section 32
- Assessment of sunset clause terms and your rights if the developer delays
- Review of the plan of subdivision and any proposed easements or common property
- Advice on deposit protection and how your funds are held
- Checking developer obligations around finishes, fixtures, and variations
- Guidance on nomination and assignment rights if your circumstances change
- Coordination with your lender for finance at settlement, which may be years after signing
- Managing the settlement process once the plan of subdivision is registered
Buying Off the Plan?
Don't sign an off-the-plan contract without having it reviewed first. We'll identify the risks and protect your interests before you commit.
Request a Fee ProposalWhat Makes Off the Plan Different
Off-the-plan contracts are fundamentally different from standard property contracts. The property may not exist yet, settlement could be years away, and the developer holds most of the power in the transaction. Here are the key areas we focus on:
Sunset clauses
A sunset clause sets a deadline for the plan of subdivision to be registered. If the deadline passes, the contract can be ended. While recent Victorian legislation has strengthened buyer protections around sunset clauses, the terms still vary between contracts. We review these carefully and advise you on what they mean for your purchase.
Deposit protection
Your deposit — typically 10% of the purchase price — needs to be held securely until settlement. We check how your deposit is held, who controls the trust account, and whether the contract allows the developer to access your funds before settlement.
Variation clauses
Most off-the-plan contracts give the developer the right to make changes to the plans, finishes, and specifications. Some changes may be minor, but others can materially affect the value or quality of what you are buying. We review these clauses to ensure you understand what the developer can and cannot change without your consent.
Defects and warranties
New builds come with statutory warranties under Victorian building legislation, but the contract may also include specific defect rectification processes. We ensure you understand your rights and the timeframes for reporting defects after settlement.
The Off the Plan Timeline
Unlike a standard purchase where settlement happens within 30 to 90 days, an off-the-plan purchase can take months or even years to reach settlement. Here is what typically happens:
Contract review and signing
We review the contract, Section 32, and plan of subdivision before you sign. This is your best opportunity to negotiate terms and understand your obligations.
Cooling-off period
You typically have three clear business days to cool off after signing (unless you purchased at auction or waived this right). During this time, you can withdraw by paying a small penalty.
Construction period
The developer builds the property. This can take anywhere from several months to several years. Your deposit is held in trust during this time.
Plan of subdivision registration
Once construction is complete, the developer registers the plan of subdivision with Land Use Victoria. This creates the individual titles for each lot or apartment.
Settlement notice
After registration, the vendor serves a notice to settle — typically giving you 14 days. We coordinate with your lender to ensure finance is ready and settlement happens on time.
Simple 4-Step Process
Getting started is easy. Here's how we make your property journey smooth.
Request a Fee Proposal
Fill out our simple form or give us a call. We'll get back to you promptly with a competitive fee proposal.
Document Collection
We guide you through gathering all necessary documents. Our team is here to answer every question.
Legal Work Begins
Our experienced team handles all the legal aspects, keeping you informed at every milestone.
Settlement Success
We ensure everything is in order for a smooth settlement. You get the keys; we handle the rest.
Frequently Asked Questions
When you buy off the plan, you are purchasing a property that has not yet been built or is still under construction. You sign a contract based on plans and specifications rather than a finished product. Settlement does not occur until the plan of subdivision is registered, which can be months or years away. The contract terms, risks, and protections are significantly different to a standard purchase.
A sunset clause sets a deadline by which the plan of subdivision must be registered and settlement must occur. If the deadline passes, either party can rescind the contract. Developers have historically used sunset clauses to cancel contracts and resell at higher prices. Victorian law now requires developers to obtain a Supreme Court order or the buyer's written consent before rescinding under a sunset clause, but it is still important to understand the terms before you sign.
In Victoria, your deposit must be held in a trust account by the vendor's legal representative, the real estate agent, or a licensed conveyancer until settlement. It cannot be released to the developer before settlement unless the contract specifically allows it. We review how your deposit is held and advise you on any risks.
Off-the-plan contracts typically include clauses allowing the developer to make variations to the plans and finishes. Some changes may be minor, but others can significantly affect the value or livability of the property. We review these variation clauses carefully and advise you on your rights if the finished product differs materially from what you agreed to.
Most lenders will provide pre-approval, but final loan approval typically happens closer to settlement. This means your borrowing capacity, interest rates, and lending criteria may change between signing and settlement. We coordinate with your lender as settlement approaches to ensure everything is in order.
This depends on whether the contract includes a nomination or assignment clause. Some developers allow you to nominate a new buyer before settlement, while others restrict or prohibit it. We check these clauses during our review so you understand your options if your circumstances change.
Yes. First home buyers purchasing a new off-the-plan property in Victoria may be eligible for the First Home Owner Grant ($10,000 for properties valued up to $750,000) and stamp duty concessions. The property must be new and you must meet the eligibility criteria. We can guide you through the application process.
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