Buying property is exciting. Buying off the plan? That’s next level. You get to secure a brand-new apartment or townhouse before it’s even built — it’s like buying the future. But with great potential comes great paperwork. And that’s where off the plan conveyancing steps in.
If you’ve ever looked at glossy brochures of future high-rises or thought, “That’s my dream home, even if it’s currently just a hole in the ground,” this guide is for you.
Quick Snapshot: Off The Plan Conveyancing at a Glance
- What is it? Conveyancing for properties purchased before construction is complete.
- Why it matters? Off the plan contracts are more complex than standard contracts.
- Key risks: Delays, design changes, sunset clauses, developer insolvency.
- Average timeline: Often 1–3 years between contract signing and settlement.
- Conveyancer’s role: Reviewing lengthy contracts, protecting your rights, ensuring settlement goes smoothly.
- Best advice: Don’t sign anything until your conveyancer has checked it.
Buying off the plan without proper conveyancing is like skydiving without checking the parachute first.
What Is Off The Plan Conveyancing?
When you buy a house or apartment off the plan, you’re essentially purchasing a promise. You sign a contract today for something that will (hopefully) exist in the future.
Off the plan conveyancing is the legal process that ensures your rights are protected in this scenario. It’s more complex than standard conveyancing because:
- Contracts can be 100+ pages long.
- Settlement is years away.
- Developers often include “special conditions” that shift risk onto buyers.
Without a specialist in off the plan conveyancing, you risk nasty surprises when settlement day finally comes around.
Why Off The Plan Conveyancing Matters
1. Contracts Are Tricky
Off the plan contracts aren’t your average property sale. They include clauses about completion dates, building changes, and developer obligations. A good conveyancer can spot red flags (like clauses that let the developer make major design changes without your consent).
2. Settlement Is in the Future
Unlike standard sales, you may wait years between signing and settlement. During that time, property values, interest rates, and your financial situation can change. Your conveyancer helps plan for these variables.
3. Risk of Developer Delays or Failures
Unfortunately, not every project goes to plan. Your conveyancer ensures you know what rights you have if things go wrong.
Humour Break: Buying off the plan without a conveyancer is like ordering a “surprise box” online. Sometimes you get exactly what you wanted. Other times, you get something… very different.
Common Risks in Off The Plan Purchases
Here’s where things get interesting (or terrifying, depending on your perspective):
- Sunset Clauses – Developers can sometimes cancel the contract if the project isn’t finished by a certain date.
- Design Changes – Your “three-bedroom with balcony” could become “two bedrooms and a Juliet balcony” if the contract allows it.
- Delays – Weather, finance, or council approvals can push completion back.
- Market Shifts – Property values may drop before settlement, leaving you with negative equity.
- Developer Insolvency – Worst-case scenario, the project collapses.
A good off the plan conveyancer ensures you understand these risks before signing anything.
The Role of a Conveyancer in Off The Plan Transactions
Your conveyancer will:
- Review the Contract of Sale – Flagging unfair clauses.
- Explain Special Conditions – What does that “sunset clause” really mean?
- Check Developer Approvals – Permits, zoning, and financing.
- Monitor Timelines – Ensuring your rights are preserved if delays happen.
- Assist with Finance – Advising on when to secure loans (closer to settlement).
- Guide Settlement – Making sure everything is ready when the property is complete.
Conveyancer vs Solicitor for Off The Plan
- Conveyancer – Specialist in property law, usually more affordable. Great for straightforward off the plan purchases.
- Solicitor – Broader expertise. Recommended if contracts are especially complex, or if you’re buying through a company/trust.
Costs of Off The Plan Conveyancing in Australia
Expect to pay:
- Conveyancing Fees: $1,200 – $3,000 (higher than standard due to complexity).
- Disbursements (searches, certificates): $300 – $1,000.
- Total: Around $1,500 – $4,000.
Pro Tip: Don’t choose purely on price. A cheap conveyancer who misses a key clause could cost you thousands later.
Interactive Section: Quiz
“Would You Survive Buying Off the Plan Without a Conveyancer?”
- Do you enjoy reading 120-page contracts filled with legal jargon?
- A) Yes, I collect fine print as a hobby.
- B) No, I’d rather binge-watch The Block.
- Are you comfortable with clauses that let developers change designs without notice?
- A) Sure, I love surprises.
- B) No, I’d like my apartment to actually have the balcony I paid for.
- If settlement is delayed for two years, do you know your legal rights?
- A) Of course, I memorised property law in my spare time.
- B) Not a clue.
Mostly B’s? Congratulations — you definitely need off the plan conveyancing.
Survey: Biggest Worry About Buying Off the Plan
- ☐ Project delays
- ☐ Developer going broke
- ☐ Property value dropping before settlement
- ☐ The brochure doesn’t match reality
(Share yours — we promise no judgment!)
Practical Tips for Buyers
- Hire a Conveyancer Early – Before signing anything.
- Ask About Sunset Clauses – Understand when and how they can be used.
- Plan for Delays – Be flexible with timelines.
- Check the Developer’s Track Record – Past projects speak volumes.
- Don’t Overstretch Finances – Remember, settlement could be years away.
Off The Plan Conveyancing Process: Step by Step
- Initial Review – Conveyancer examines the contract.
- Pre-Signing Advice – Risks explained in plain English.
- Ongoing Monitoring – Conveyancer tracks progress over time.
- Finance Coordination – Ensuring loans are approved closer to settlement.
- Pre-Settlement Checks – Making sure the property matches the contract.
- Settlement Day – Funds and ownership officially transfer.
- Post-Settlement Tasks – Conveyancer updates authorities and registers the title.
FAQs: Off The Plan Conveyancing in Australia
1. When should I hire a conveyancer?
Before you sign the contract — ideally, as soon as you’re interested in buying off the plan.
2. Can developers cancel my contract?
Sometimes, yes, through sunset clauses. Your conveyancer will explain how these work.
3. Do I pay stamp duty upfront?
In some states, yes, but timing depends on settlement. Check with your conveyancer.
4. What if the finished property is different from the brochure?
It depends on what the contract allows. Your conveyancer will ensure changes are within legal limits.
5. How long does off the plan conveyancing take?
Typically 1–3 years from signing to settlement, depending on construction timelines.
Final Thoughts: Is Off The Plan Conveyancing Worth It?
Absolutely. Buying off the plan can be exciting and rewarding, but it’s also risky. Having a professional handle the legal side is the difference between smooth sailing and a financial nightmare.
So, before you get swept up in glossy brochures and artist impressions, pause. Call an off the plan conveyancer. It’s one of the smartest moves you’ll make in your property journey.
Because at the end of the day, you want your new home to be your dream — not a legal drama.