In NSW, a property cannot be marketed for sale until a contract for sale is ready, and that contract must include certain documents: the title search and plan, a section 10.7 planning certificate, a drainage diagram, and pool or strata documents where they apply. A conveyancer prepares it, usually within a few days of you deciding to sell.
Documents your contract needs
| Document | Where it comes from | When it applies |
|---|---|---|
| Title search and plan | NSW Land Registry Services | Every sale |
| Section 10.7 planning certificate | Your local council | Every sale |
| Drainage diagram | Sydney Water or the local water authority | Most sales |
| Pool certificate of compliance, non-compliance or recent occupation certificate | A certifier or council | If there is a pool or spa |
| Strata plan, by-laws and related documents | NSW Land Registry Services and the strata manager | Strata properties |
| Existing leases | Your property manager | Tenanted properties |
Before you list: the seller's checklist
- Engage a conveyancer before you sign the agency agreement, or straight after
- Find any approvals for extensions, granny flats or pools, especially on older homes
- Check the pool certificate is current, or book an inspection
- Decide on inclusions and exclusions, and tell your conveyancer
- Tell your lender you are selling, and ask how much notice they need for a discharge
- Decide your preferred settlement period
- If tenanted, check the lease end date and notice rules
- If you are an executor, check you have probate or know when it will be granted
Pool certificates
Pools catch out many sellers in older suburbs like Revesby, Padstow and Panania. If the certificate is missing or out of date, the agent cannot market the property until the right document is attached. Book the inspection early, because a non-compliant pool may need repairs.
Unapproved work
If a previous extension, carport or granny flat was built without approval, buyers will often find out from the planning certificate or their own inspection. Talk to us before listing about how to handle it.
Common questions
FAQs
How long does it take to prepare a contract?
Usually a few business days, depending on how quickly the council and authorities issue certificates.
Can the agent advertise before the contract is ready?
No. In NSW, the contract must be available before the property is offered for sale.
What if I do not have a pool certificate?
You will need one, or a certificate of non-compliance, before the property can be marketed. Book an inspection as soon as you decide to sell.
City Peak Conveyancing acts on NSW property only. This page is general information, not advice about your circumstances.