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Before You Settle.com.au

By Paul Wenham · Research-based general information, not professional advice

Buying a new build in NSW: documents to ask about

Start with the contract, the property’s title position and the approvals relevant to the completed building. Then identify what further evidence you need about condition, shared responsibilities and the things promised in the sale.

There is no single document that answers all of those questions. This checklist helps you organise enquiries; it is not a statement that every item below must be attached to every contract.

First confirm what kind of transaction this is

A finished-looking home does not settle the legal classification. The Registrar General describes off-the-plan sales by reference to the property not having its own title when the contract is signed. Ask your representative to confirm the title status and applicable disclosure regime. Registrar General guidance

If the lot is still awaiting registration, also use the off-the-plan document guide.

Sort the evidence into four groups

  • Contract requirements: documents prescribed for the particular sale.
  • Conditional records: relevant because of the property, work or approval pathway.
  • Contractual promises: what the parties have agreed to supply or do.
  • Further enquiries: information you seek to understand the purchase.

The classification must be checked for the actual transaction.

Evidence groupWhy raise it?Suggested follow-up
Contract, title and prescribed attachmentsEstablish the transaction and applicable disclosed interestsAsk your legal representative to check completeness and legal effect
Planning and drainage informationIdentify information relevant to use and infrastructureAsk which further address-specific enquiries are needed
Approval pathway and approved plansUnderstand the development being authorisedObtain the applicable records and raise discrepancies with a qualified professional
Occupation certificateIdentify the building or part approved for occupationCheck its scope against what you propose to buy and occupy
Applicable building insuranceIdentify whether relevant cover existsVerify applicability and evidence rather than assuming every new home has identical cover
Strata material, where relevantUnderstand shared ownership and arrangementsAsk what scheme records and review are available at this stage
Inspection and defect evidenceInvestigate condition separately from paperworkDefine inspection scope and record follow-up questions
Inclusions and handover recordsClarify promised items and informationConfirm the contractual position and request useful handover documents

NSW’s sales-contract guidance identifies prescribed information such as title, planning and drainage material, with the full required set depending on the transaction. Your conveyancer should check the actual pack. Sales-contract requirements

Match approvals to the relevant pathway

Ask which approval pathway was used. A development-consent pathway and complying development do not produce an identical document set; NSW guidance says a separate construction certificate is not needed where there is a complying development certificate. Building approval pathways

Avoid marking “construction certificate missing” as a defect before establishing what applies.

For occupation, read the certificate for the relevant premises and scope. Service NSW explains that partial occupation certificates can apply to completed parts of staged work.

Check insurance applicability, not just a label

SIRA provides an HBC Check service and guidance for people buying recently built or renovated homes. Ask your representative whether a certificate should be present and how to verify it. SIRA buyer guidance

There are exemptions, including certain multi-storey developments. The absence of one particular insurance document is a question to investigate, not proof that every building is uninsured or unlawful. SIRA exemptions

Turn missing information into a clear question

Record the item, who has been asked, what the response means and what remains unresolved. “Requested” and “reviewed” are different statuses.

For example, if an inspection identifies moisture, an occupation certificate does not answer the technical question about its cause. Ask for appropriate assessment and separately discuss the contractual implications.

Next: Understand occupation certificates and plan the building inspection.