Documents Required to Sell Property in the ACT - Owner's Guide

 

Prior to a property being marketed for sale in the ACT the Civil Law (Sale of Residential Property) Act 2003 requires that a copy of the proposed contract for sale must be available for inspection by the prospective buyers. This requires a number of documents to be included into the contract with the number of type of documents depending on the type of sale (free standing home, villa  townhouse, apartment or off-the-plan). While the preparation of the contract is normally the responsibility of the solicitor / conveyancer representing the seller below is the summary of the documents required by each property type to allow prospective sellers to commence preparation and assist their legal representative  by being organized well in advance. It is important to note that this is general advice only and does not constitute legal advice.

 

Detached Residential Dwelling (House)

 

  • A copy of the Contract for Sale
  • A copy of the Crown Lease
  • A copy of the Certificate of Title
  • A copy of any encumbrance shown on the certificate of title
  • A statement (that complies with the requirement prescribed under the regulations) about any encumbrance not shown on the Certificate of Title
  • A copy of the following building conveyancing inquiry documents provided by the ACT Government (Environment, Planning & Sustainable Development Directorate):
    • Certificate of Occupancy
    • Survey Certificate
    • Approved building plans
    • Drainage plan
    • Building file summary sheet
  • A copy of the following lease conveyancing inquiry documents (if any exist) provided by the ACT Government (Environment, Planning & Sustainable Development Directorate):
    • Statement about heritage listing
    • Statement about outstanding rent under the Crown Lease
    • Statement about development applications affecting the property
    • Statement about breaches of the Crown Lease
    • Statement about any orders issued against the property
    • Compliance certificate (compliance with provisions of Crown Lease)
    • Statement about applications for dual occupancy
    • Contaminated land search
  • Energy efficiency rating statement
  • Building inspection report
  • Pest inspection report
  • ATO Clearance Certificate (property sales over $750 000) - Foreign Resident Capital Gains Withholding

 

Townhouse / Villa Style Unit

 

  • A copy of the Contract for Sale
  • A copy of the Crown Lease
  • A copy of the Certificate of Title
  • A copy of any encumbrance shown on the Certificate of Title
  • A statement (that complies with the requirement prescribed under the regulations) about any encumbrance not shown on the Certificate of Title
  • A copy of the following building conveyancing inquiry documents provided by the ACT Government (Environment, Planning & Sustainable Development Directorate):
    • Certificate of Occupancy
    • Survey Certificate
    • Approved building plans
    • Drainage plan
    • Building file summary sheet
  • A copy of the unit’s plan
  • A copy of the Certificate of Title for the common property
  • A copy of the following lease conveyancing inquiry documents (if any exist) provided by the ACT Government (Environment, Planning & Sustainable Development Directorate):
    • Statement about heritage listing
    • Statement about outstanding rent under the Crown Lease
    • Statement about development applications affecting the property
    • Statement about breaches of the Crown Lease
    • Statement about any orders issued against the property
    • Compliance Certificate (compliance with provisions of Crown Lease)
    • Statement about applications for dual occupancy
    • Contaminated land search
  • Energy efficiency rating statement
  • Building inspection report
  • Pest inspection report
  • ATO Clearance Certificate (property sales over $750 000) - Foreign Resident Capital Gains Withholding

 

Multi Storey Unit

 

  • A copy of the Contract for Sale
  • A copy of the Crown Lease
  • A copy of the Certificate of Title
  • A copy of any encumbrance shown on the Certificate of Title
  • A statement (that complies with the requirement prescribed under the regulations) about any encumbrance not shown on the Certificate of Title
  • A copy of the following lease conveyancing inquiry documents (if any exist) provided by the ACT Government (Environment, Planning & Sustainable Development Directorate):
    • Statement about heritage listing
    • Statement about outstanding rent under the Crown Lease
    • Statement about development applications affecting the property
    • Statement about any orders issued against the property
    • Compliance certificate (compliance with provisions of Crown Lease)
    • Statement about applications for dual occupancy
    • Contaminated land search
  • Energy efficiency rating statement
  • A copy of the nimbuses of meetings of the Owners Corporation and executive committee for the last two years
  • ATO Clearance Certificate (property sales over $750 000) - Foreign Resident Capital Gains Withholding

 

New and Off The Plan property

 

  • A copy of the Contract for Sale
  • A copy of the Crown Lease
  • A copy of the Certificate of Title
  • A copy of any encumbrance shown on the Certificate of Title
  • A statement (that complies with the requirement prescribed under the regulations) about any encumbrance not shown on the Certificate of Title
  • A copy of the unit’s plan (only if applicable)
  • A copy of the following lease conveyancing inquiry documents (if any exist) provided by the ACT Government (Environment, Planning & Sustainable Development Directorate):
    • Statement about heritage listing
    • Statement about outstanding rent under the Crown Lease
    • Statement about development applications affecting the property
    • Statement about breaches of the Crown Lease
    • Statement about any orders issued against the property
    • Compliance Certificate (compliance with provisions of Crown Lease)
    • Statement about applications for dual occupancy
    • Contaminated land search
  • Energy efficiency rating statement
  • ATO Clearance Certificate (property sales over $750 000) - Foreign Resident Capital Gains Withholding