Guide · Buying

Buying a home in Australia: the steps, state by state

The steps to buy a home in Australia, and where they differ: contract, cooling-off, disclosure and settlement rules in NSW, VIC, QLD, WA, SA, TAS, ACT and NT.

In short

Buying a home in Australia follows the same broad path everywhere (finance, inspections, a written contract, settlement, registration), but the legal rules belong to each state and territory. The cooling-off period, for example, is 5 business days in NSW and Queensland, 3 clear business days in Victoria, 2 business days in South Australia, and not required by law in Western Australia. Foreign persons also need federal approval before buying. Find the rule for the state where the property is, not where you live.

The steps in order

  1. Set a budget and arrange finance. Work out the price you can pay plus the costs on top: purchase duty (see the stamp duty calculator), legal fees, inspections and moving costs. Purchase duty is a state tax and varies by state.
  2. Find the property and inspect it. Arrange independent building and pest inspections before you commit where you can. See building and pest inspection.
  3. Choose how you buy. A private sale (an offer is negotiated) or an auction, where there is no cooling-off and you generally cannot add conditions. See buying at auction.
  4. Have the contract and disclosure documents reviewed by a conveyancer or solicitor before you sign. See contract of sale and exchange.
  5. Use the cooling-off period if one applies (see cooling-off period).
  6. Settle. Settlement is when you pay the balance and become the registered owner. See settlement and electronic conveyancing.

How a contract is formed, state by state

State or territoryHow the contract is madeCooling-off for a private sale
NSWEach party signs a copy and the copies are exchanged. The contract is prepared by an Australian lawyer or licensed conveyancer before the property is marketed.5 business days after exchange
VICThe property is sold when both parties have signed. The seller must give you a section 32 vendor statement before you sign.3 clear business days from signing
QLDSeller disclosure statement and prescribed certificates must be given before you sign (scheme in force from 1 August 2025).5 business days from receiving the signed contract
WAUsually an offer and acceptance; once accepted the signed document is a binding contract.None required; the parties can add one
SAThe seller must serve a Form 1 disclosure statement.2 business days
TASGoverned by the Property Agents and Land Transactions Act 2016.No cooling-off provision in that Act; check your contract
ACTThe seller must give “required documents” with the proposed contract.5 working days
NTContract rules are set by NT law.Check with the NT Government, which publishes the rule

Sources for each row are listed above. The NT Government’s property pages could not be read for this guide, so confirm the NT position with the NT Government or an NT conveyancer.

What the seller must give you

The documents differ by state. In Victoria the section 32 statement covers title, mortgages, covenants, easements, zoning and outgoings. In Queensland the buyer must receive the completed disclosure statement and prescribed certificates before signing. In the ACT the required documents include a copy of the Crown lease, a current certified extract from the land titles register and, for most houses, building and pest inspection reports from the seller. In South Australia it is the Form 1. A fuller comparison is in contract of sale and exchange.

Deposit and settlement

Deposit rules are set by the contract and state law. In Victoria, a deposit held by an agent cannot be released to the seller until 28 days after the contract is signed, and early release needs an unconditional contract. In Western Australia no deposit is required by law but an amount is usually negotiated and, generally, paid within seven days after acceptance. Settlement is the date in the contract; in Victoria it is usually 30 to 90 days after the contract.

If you are not an Australian citizen or permanent resident

Foreign persons generally need approval before buying residential property, regardless of value, and from 1 April 2025 to 30 June 2029 are generally banned from buying established dwellings. This is a federal rule that applies in every state. See foreign buyers and FIRB.

What it costs

Fees for a conveyancer or solicitor vary by provider. NSW Government advises asking for an itemised estimate before work starts, because you also pay disbursements such as title searches and registration fees. Other costs can include inspections, a valuation, insurance, purchase duty and strata levies. Duty is calculated by each state; see the state pages.

Which professional to consult

A conveyancer or solicitor reviews the contract, checks title and handles settlement; see conveyancer. A building inspector reports on the condition of the property; see building inspector. A mortgage broker can compare lenders; see mortgage broker. Check any licence on your state’s official register yourself.

Frequently asked questions

Do the rules depend on where I live or where the property is?

On where the property is. Each state and territory sets its own contract, cooling-off and disclosure rules.

Can I sign the contract before a conveyancer reads it?

You can, but the contract can bind you once signed or exchanged. Having it reviewed first is the advice of the state government pages used here.

Is there always a cooling-off period?

No. It does not apply to auctions, and Western Australia has no mandatory period. See cooling-off period.

Who pays for the inspections?

You commission and pay for them. They are separate from any report the seller supplies.

Is a verbal agreement enough?

In the states covered here the contract is a written document signed by the parties. Do not rely on a verbal promise from an agent.

More guides on buying

Sources

All guides · Payotte Australia