NSW residential conveyancing pre-settlement checklist
NSW residential conveyancing has specific pre-settlement requirements under the Conveyancing Act 1919 and the NSW Real Property Act 1900. This checklist is for solicitors and licensed conveyancers acting for NSW purchasers in standard residential matters. Adapt as needed for off-the-plan, vendor-side, or commercial purchases.
This is a 12-step pre-settlement checklist for NSW residential conveyancing. Each item must be confirmed before settlement. The checklist is jurisdiction-specific to NSW and assumes a standard residential purchase under the NSW Contract for Sale of Land.
The checklist
Confirm contract has been exchanged and dated
Verify both parties have signed and the contract has been formally exchanged. Confirm cooling-off has expired or has been waived (where applicable).
Order a final title search
Order a fresh title search within 24 hours of settlement to confirm registered proprietor, current encumbrances, and any new dealings since exchange.
Verify all conditions precedent are satisfied
Check special conditions including finance, building inspection, pest inspection, strata report (if applicable), and any vendor obligations.
Calculate final settlement adjustments
Calculate adjustments for council rates, water rates, strata levies, land tax, and any other apportionable items as at the settlement date.
Confirm purchaser funds are available
Confirm bank cheque arrangements or PEXA funds clearance with the purchaser's bank. Verify deposit has been released or accounted for in adjustments.
Lodge a notice of sale with the local council
Prepare and lodge the Notice of Sale of Land form with the relevant NSW local council to ensure rates notices are correctly directed.
Verify discharge of mortgage authority
Confirm vendor's outgoing mortgagee has provided a discharge authority and is ready to release the title at settlement.
Confirm transfer document is executed and witnessed
Verify the Transfer (T form) is correctly completed, executed by the vendor, and witnessed in accordance with NSW Land Registry Services requirements.
Lodge or confirm caveat status
Check whether any caveats remain on title and confirm withdrawal arrangements have been made for settlement.
Coordinate PEXA workspace
For PEXA settlements, ensure all parties have joined the workspace, all documents are uploaded, and the workspace is ready for settlement at the agreed time.
Confirm settlement appointment
Confirm the settlement time with all parties (vendor's solicitor, both banks, PEXA workspace participants). Send purchaser confirmation of attendance requirements.
Brief the purchaser on post-settlement actions
Brief the purchaser on what to expect at and after settlement: keys, insurance commencement, council rates, utility connections, and any rectification follow-ups.
When this checklist applies
Use this checklist for any standard NSW residential purchase in the days leading up to settlement. Run through each item with the purchaser and confirm completion before settlement day.
Common pitfalls
- Forgetting to order a fresh title search within 24 hours of settlement (a stale search may miss new dealings)
- Miscalculating land tax adjustments where the vendor has not paid the current year
- Failing to lodge the Notice of Sale, leaving rates notices going to the wrong address
- Not coordinating PEXA workspace timing with both banks before settlement morning
- Missing a caveat that requires withdrawal at settlement
Run this checklist on a real matter
Quillio can run this checklist on a specific NSW conveyancing matter — calculate adjustments, generate the notice of sale, and verify each step against current NSW conveyancing law. See /practice-areas/property-lawyers or start a free trial.
This checklist is a general guide for standard NSW residential conveyancing matters. Adapt it for off-the-plan, commercial, or non-standard purchases. Always verify against current NSW Land Registry Services requirements and the specific contract before relying on it.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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