Checklist of Key Documents for Selling Residential Property – ACT
| Document Name | Mandatory | Applies to Class A Units | Applies to Class B Units | Description / Notes |
|---|---|---|---|---|
| ACTLS Contract for Sale |
Yes
|
Yes |
Yes |
Must be prepared by a solicitor or conveyancer. |
| Title Search |
Yes
|
Yes |
Yes |
Confirms legal ownership and encumbrances. |
| Crown Lease |
Yes
|
 No |
No |
Shows lease terms and land use conditions. |
| Deposited Plan / Unit Plan |
Yes
|
Yes (Unit Plan for apartments) |
Yes (Unit Plan for apartments) |
Survey map of the land or unit. |
| Building & Compliance Report |
Yes
|
No |
Sometimes (if not covered by strata) |
Licensed builder report on structure and compliance. |
| Pest Inspection Report |
Yes
|
No |
Yes |
Termite and pest status of the home. |
| Energy Efficiency Rating (EER) |
Yes
|
Yes |
Yes |
Required in all ACT residential property sales. |
| Asbestos Advice |
Yes
|
Yes |
Yes |
Required for homes built before 2004. |
| Section 119 Certificate |
Yes
|
Yes |
Yes |
Section 119 certificate showing fees, insurances, and disputes of the owners corporation. |
| Building File (ACTPLA) |
No
|
No |
No |
Optional but recommended — available from ACT Government. |
| Developer Disclosure Statement |
Yes
|
Yes |
Yes |
Disclosure of the plans and drawings of the unit to be constructed off-the-plan. Only for off-the-plan sales. |
Contract for Sale Document Explained
ACTLS Contract for Sale
- Mandatory: Yes
- Applies to Units / Body Corp Properties:
- What it is: The ACT Law Society Contract for Sale is a standard form contract that contains all the mandatory provisions for a valid contract for sale of property in the ACT and lists the seller's and purchaser's details.
- Who prepares it: A licensed solicitor or conveyancer acting for the seller.
- When it’s needed: It must be complete and available before the property is advertised.
- Why is it required: This document forms the legal basis of the transaction. It protects both buyer and seller by clearly setting out the terms of the sale and must be provided upfront under ACT legislation.
- Notes: Advertising a property without this document is not legally permitted in the ACT.
- Link to Best Example: View Example
Contract for Sale FAQs
No. In the ACT, the Contract for Sale must be prepared by a licensed solicitor or conveyancer to ensure it includes all legally required documents and disclosures.
This is a breach of ACT law. Advertising a property without the full contract pack may lead to legal penalties and delays.
Yes, but any changes must be clearly disclosed to all prospective buyers and may trigger a requirement to reissue the documents.
The contract is available for purchase at the ACT Law Society’s Website, but generally your solicitor or conveyancer will manage the purchase of the contract to ensure the particulars are correct.
The ACTLS Contract for sale includes all the standard and required provisions for a contract for sale of property. Even if they are omitted in a contract for sale, they may still be implied in to the terms of the contract.
Title Search Document Explained
Title Search
- Mandatory: Yes
- Applies to Units / Body Corp Properties:
- What it is: A search on the Australian Capital Territory Land Information System’s registry for details regarding the property.
- Who prepares it: A licensed solicitor or conveyancer acting for the seller will retrieve it.
- When it’s needed: It must be included in the contract before advertising begins.
- Why is it required: Required by Section 9(1)(b) of the Civil Law (Sale of Residential Property) Act 2003.
- Notes: Advertising a property without this document is not legally permitted in the ACT.
- Link to Best Example: View Example
Title Search FAQs
Your conveyancer or solicitor will retrieve it from the Australian Capital Territory Land Information System as part of making the contract.
The seller must pay for the searches before advertising of the contract, but the seller is entitled to have the buyer to reimburse them for any searches on settlement.
If selling a Class A or B unit, the common property title search must also be included. Your solicitor/conveyancer will retrieve it with the title search,
You have an equal interest to the land as do the other joint tenants. To fully sell the property, all joint tenants must agree to the sale, otherwise you are only selling your interest in the property.
Registered encumbrances are interests in the property held by other parties that will be binding for the buyer. They must also be included in the contract and will be obtained by your solicitor/conveyancer with the title search.
Crown Lease Document Explained
Crown Lease
- Mandatory: Yes
- Applies to Units / Body Corp Properties:
- What it is: The lease between the holder of the property’s title and the Commonwealth government.
- Who prepares it: A licensed solicitor or conveyancer acting for the seller will retrieve it.
- When it’s needed: It must be included in the contract before advertising begins.
- Why is it required: Required by Section 9(1)(a) of the Civil Law (Sale of Residential Property) Act 2003.
- Notes: The document sets out the rights and obligations the holder of land possesses in relation to the property.
- Link to Best Example: View Example
Crown Lease FAQs
All land in the Australian Capital Territory is owned by the government, which leases it out to private individuals to possess the land and hold the title of the property, who are then regarded as "owners".
99-years.
You must submit an application for renewal and pay a small administrative fee.
Your conveyancer or solicitor will retrieve it from the Australian Capital Territory Land Information System as part of making the contract.
The seller must pay for the searches before advertising of the contract, but the seller is entitled to have the buyer to reimburse them for any searches on settlement.
Deposited Plan / Unit Plan Document Explained
Deposited Plan / Unit Plan
- Mandatory: Yes
- Applies to Units / Body Corp Properties:
- What it is: Description of the boundaries of the property and any subdivisions.
- Who prepares it: A licensed solicitor or conveyancer acting for the seller will retrieve it.
- When it’s needed: It must be included in the contract before advertising begins.
- Why is it required: Required by Section 9(1)(c) of the Civil Law (Sale of Residential Property) Act 2003.
- Notes: Advertising a property without this document is not legally permitted in the ACT.
- Link to Best Example: View Example
Deposited Plan / Unit Plan FAQs
This shows where the boundaries of your property are so any buyers know how much land they are getting.
Your conveyancer or solicitor will retrieve it from the Australian Capital Territory Land Information System as part of making the contract.
The seller must pay for the searches before advertising of the contract, but the seller is entitled to have the buyer to reimburse them for any searches on settlement.
The units plan must be included in the contract as well as the deposited plan. If it exists, it will be a required inclusion by Section 9(1)(g)(i)(A) of the Civil Law (Sale of Residential Property) Act 2003.
When the units plan does not exist, the seller will be required to include a developer disclosure statement instead.
Building & Compliance Report Document Explained
Building & Compliance Report
- Mandatory: Yes
- Applies to Units / Body Corp Properties:
- What it is: A third-party report on the state of the building and its compliance with regulations.
- Who prepares it: A licensed building inspector.
- When it’s needed: It must be complete and available before the property is advertised.
- Why is it required: Required by Section 9(1)(h)(iii) of the Civil Law (Sale of Residential Property) Act 2003.
- Notes: Advertising a property without this document is not legally permitted in the ACT.
- Link to Best Example: View Example
Building & Compliance Report FAQs
The report is not required for premises which have not yet been occupied.
The seller must pay for the reports before advertising of the contract, but the seller is entitled to have the buyer to reimburse them for the inspection reports on settlement.
When selling a class A unit, it will always be included in the Section 119 report prepared by the Strata.
It is legally distinct to the pests report; however, as many building inspectors will do both at the same time, they may appear in a single document.
You can still proceed with the sale, however the value of the property may be negatively effected.
Pest Inspection Report Document Explained
Pest Inspection Report
- Mandatory: Yes
- Applies to Units / Body Corp Properties:
- What it is: A report on the presence of termites and other pests in the house.
- Who prepares it: A licensed building inspector.
- When it’s needed: It must be complete and available before the property is advertised.
- Why is it required: Required by Section 9(1)(h)(iii) of the Civil Law (Sale of Residential Property) Act 2003.
- Notes:
- Link to Best Example: View Example
Pest Inspection Report FAQs
When selling a class A unit, it will always be included in the Section 119 report prepared by the Strata.
The report is not required for premises which have not yet been occupied.
You can still proceed with the sale, although the property's value may be negatively impacted.
The seller must pay for the reports before advertising of the contract, but the seller is entitled to have the buyer to reimburse them for the inspection reports on settlement.
It is legally distinct to the building report; however, as many building inspectors will do both at the same time, they may appear in a single document and be billed together.
Energy Efficiency Rating (EER)
Energy Efficiency Rating (EER)
- Mandatory: Yes
- Applies to Units / Body Corp Properties:
- What it is: A report on the energy consumption of the property.
- Who prepares it: A licensed building inspector.
- When it’s needed: It must be complete and available before the property is advertised.
- Why is it required: Required by Section 9(1)(h)(ii) of the Civil Law (Sale of Residential Property) Act 2003.
- Notes:
- Link to Best Example: View Example