Key Changes to NSW Property Law You Need to Know
- Tanya Spencer
- Mar 12
- 2 min read
If you’re buying or selling property in New South Wales in 2026, staying informed about legal changes isn’t just helpful it’s essential. Property transactions involve significant financial commitments, and even small updates to legislation can impact contracts, disclosure obligations, and settlement timelines.
Stronger Contract Disclosure Requirements
Under the Conveyancing Act 1919, sellers are legally required to attach prescribed documents to the Contract for Sale before exchange. These typically include title searches, zoning certificates, sewer diagrams, and planning documentation.
If required documents are missing or incorrect, buyers may have the right to rescind the contract. This can create delays, additional costs, or even failed transactions particularly if there is a related purchase involved.
For sellers, this highlights the importance of preparing contracts correctly from the beginning.
Greater Transparency in Strata Transactions
For apartments and townhouses, compliance under the Strata Schemes Management Act 2015 continues to evolve. Buyers now have access to more detailed financial records, insurance information, defect reports, and capital works fund balances.
However, simply receiving these documents isn’t enough. They must be carefully reviewed to identify:
Upcoming special levies
Pending building defect claims
Insurance shortfalls
Long-term maintenance planning
Failing to assess strata records properly can result in unexpected future expenses.
Revenue and Surcharge Monitoring
Revenue NSW actively monitors stamp duty concessions, foreign purchaser surcharges and land tax declarations. Incorrect claims even accidental ones may lead to reassessment, penalties, and interest charges.
Electronic Settlement and Compliance
Most settlements now occur via PEXA, requiring strict identity verification and financial coordination. Buyers must provide identification documents and lenders must be aligned well in advance of settlement.
Why Early Legal Advice Matters
Understanding these changes before signing contracts gives you control and confidence.
📞 Speak With SL Conveyancing
If you’re buying or selling in NSW in 2026, let us guide you through the legal changes clearly and calmly. Contact SL Conveyancing today for a contract review or pre-purchase advice before you commit.
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