Changes to the Conveyancing (Sale of Land) Regulation 2017

Written by Jodie Masson and Kate Clissold on August 15, 2017

The Conveyancing (Sale of Land) Regulation 2017 was published on 28 July and will come into effect on 1 September 2017. The regulations contain changes to vendor disclosure requirements and include new prescribed documents that must be included in contracts for the sale of commercial or residential properties. It is important to stay up to date with these changes to avoid a potential breach that could occur if you fail to include prescribed documents or warning statements.

Changes to Schedule 1 of the regulations contain new provisions for sewerage diagrams and strata by-laws, and have also introduced new warning requirements for loose-fill asbestos in certain properties.

Sewerage Service Diagrams showing the location of sewer lines in relation to the property are now required in addition to previously required sewerage infrastructure location diagrams (or ‘service location diagrams’), whenever both are available from the relevant authority. The two diagrams must be attached to the contract as prescribed documents.

In addition to this, a new warning requirement has been added with the introduction of a ‘loose-fill asbestos insulation warning’. This warning must be attached to the contract to alert parties to the possibility of Loose Fill Asbestos being present in the property and will be required in contracts exchanged on or after 1 September 2017. The previously required warning statement relating to Swimming Pools is no longer in the Regulation.

If you fail to include one of these prescribed documents in the contract, the purchaser is given a right to rescind the contract within 14 days of exchange.

The changes also relate to contracts involving strata schemes. The regulations now require that all strata by-laws in place for a strata scheme must be attached to the contract. Previously, only some exclusive-use by-laws needed to be included. Schedule 3 has also been amended to include new adverse affectations that a vendor must disclose, or otherwise warrant that they do not affect the land. These include situations relating to Strata Renewal, where the owners’ corporation have established a committee to conduct further investigation on a strata renewal proposal, but there are no minutes recording this resolution. Other adverse affectations added include orders under s121B of the Environmental Protection and Assessment Act 1979 (Item 12), and Rights of way under s235C of the Mining Act 1992 (Item 17).

For further information on these changes or the regulations contact Jodie Masson or Kate Clissold.


Rising Stars 2020 - Australasian Lawyer

Some exciting news!  We are so proud of Ben.

Rising Stars 2020 – Australasian Lawyer

March 11, 2020

Board member - REINSW

REINSW Welcomes President & Board

November 21, 2019

Property & Real Estate Law Rising Stars - Doyle's Guide 2019

We are absolutely delighted to see our Ben Malone recognised in Doyles Guide 2019 in the category of “Property & Real Estate Law Rising Stars – Australia”

June 6, 2019

Doyle's Guide 2019

We are excited that Massons has been recognised once again (and moved up a tier in rankings) in Doyle’s Guide 2019 in the category of “Leading Property & Real Estate Law Firms – NSW”. We are thrilled to be recognised by our peers for doing what we love to do! To add to our excitement, our Jodie Masson and Leisha de Aboitiz have both been recommended in the category of “Leading Property & Real Estate Lawyers – NSW” and Jodie has also been recommended in the category of “Leading Leasing Lawyers – NSW”. What an amazing week – we haven’t stopped smiling!

May 15, 2019

Acquisition of iconic heritage listed Customs House

Massons was delighted to work with the exceptional team at the City of Sydney in its recent acquisition of the iconic heritage listed Customs House from The Commonwealth of Australia

April 1, 2019

Australasian Law Awards - Finalist

It has been a big week for Massons! We are excited to be nominated as a finalist in the 2019 Australasian Law Awards “Law Firm of the Year (1-100 Lawyers)” category.  Thank you to all of our amazing staff and valued clients for helping us to achieve this recognition.

March 28, 2019

Australia's commercial property law experts


Phone: +61 2 8923 0900