NSW vendor disclosure statement preparation checklist
In NSW, a vendor must attach a disclosure statement to the contract for sale of land. Incomplete or late disclosure can give the purchaser a right to rescind. This checklist ensures every prescribed document is obtained and reviewed before exchange.
This is a 12-step checklist for preparing a vendor disclosure statement under the Conveyancing (Sale of Land) Regulation 2022 (NSW). It covers title searches, planning certificates, and prescribed attachments.
The checklist
Obtain title search
Order a current title search from NSW Land Registry Services to confirm registered proprietor, lot and plan details, and any caveats or encumbrances.
Order s 10.7 planning certificate
Request a section 10.7(2) planning certificate from the local council showing zoning, heritage, and permissible land use.
Obtain sewer diagram
Order a sewer service diagram from Sydney Water or the relevant water authority to disclose sewer line locations.
Check for unregistered interests
Search for any unregistered agreements, options, or equitable interests that must be disclosed or cleared before exchange.
Obtain strata records (if strata)
If the property is strata titled, order the strata inspection report including levies, by-laws, sinking fund, and any special resolutions.
Review outstanding notices
Search for any outstanding council notices, orders, or proposals affecting the property, including bushfire or flood designations.
Prepare prescribed attachment schedule
Compile the prescribed attachments required by the Conveyancing (Sale of Land) Regulation 2022, including the title, plan, and all certificates.
Disclose defects and disputes
Confirm whether the vendor must disclose any known material defects, boundary disputes, or ongoing litigation affecting the property.
Check easements and restrictions
Review all registered easements, restrictions on use, and covenants recorded on the title, and include copies in the disclosure.
Verify swimming pool compliance
If a swimming pool or spa exists, obtain a valid compliance certificate or non-compliance certificate under the Swimming Pools Act 1992 (NSW).
Prepare vendor warranty clauses
Draft or review the warranty clauses in the contract regarding accuracy of the disclosure statement.
Final review and serve on purchaser
Conduct a final review of all documents, confirm the disclosure statement is complete, and serve on the purchaser or their solicitor before exchange.
When this checklist applies
Use when acting for a vendor in a NSW residential or commercial property sale, before the contract for sale is prepared.
Common pitfalls
- Missing or expired s 10.7 planning certificate at exchange
- Failing to obtain a swimming pool compliance certificate
- Overlooking unregistered equitable interests or caveats
- Not disclosing known defects leading to rescission rights
- Stale title search missing recently lodged caveats
Run this checklist on a real matter
Quillio can cross-check title search data against planning certificates, flag missing prescribed attachments, and draft disclosure summaries. See /practice-areas/conveyancing or start a free trial.
General NSW conveyancing guidance only. Disclosure requirements may vary by property type and council area — obtain specific legal advice.
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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