Buying off the plan? Know what you are signing.
Off-the-plan contracts give developers rights that ordinary contracts do not. We explain the sunset date, deposit, permitted changes and settlement process before you commit.
Get your off-the-plan contract reviewed
Meet online, or in person at our office (by prior appointment). We usually reply within one business day.
Off-the-plan conveyancing at Asher Freeman Lawyers
Asher Freeman Lawyers reviews off-the-plan contracts for apartments, townhouses and house-and-land packages across Victoria. We explain sunset clauses, deposit arrangements, permitted changes, owners corporation terms and duty concessions, and manage settlement once the plan of subdivision is registered.
What we check in an off-the-plan contract
Sunset date
When the plan must be registered, and what happens if the project runs late.
Deposit
The amount, who holds it, whether a deposit bond or guarantee can be used, and when it is released.
Permitted changes
What the developer can change in the plans, finishes or lot size, and your rights if a change matters to you.
Owners corporation
The proposed rules, fees and budget, and any arrangements that affect your use of the property.
Duty and costs
Whether a duty concession may apply, and how outgoings will be adjusted at settlement.
Settlement
Final inspection, registration of the plan, and settlement through PEXA when the property is ready.
Off-the-plan risks to plan for
Long timeframes
Construction can take years. Finance approval may expire before settlement, so plan to re-apply.
Valuation risk
If the property values below the price at settlement, your lender may lend less, and you may need to cover the gap.
Inspect before settlement
Arrange a final inspection and raise defects before you settle, while you still have leverage.
Three simple steps
Meet with us online, or in person at our Chadstone office (by prior appointment).
Send us the contract
Email the contract and disclosure documents before you sign.
We review and advise
We explain the developer’s rights, your rights and any terms worth negotiating.
We see it through
We stay with the matter until registration and settlement, however long the build takes.
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“…very professional and helped us in understanding complex material in layman’s terms. Carried out the work in a very timely manner and clarified our questions really well.”
“Even after the sale completed, she continued to follow up with the bank and the authorities on my behalf to make sure everything was in order…”
“This firm is probably the most efficient one I have ever had to use… She was also very responsive and gave me constant updates.”
Off-the-plan purchases: frequently asked questions
What is a sunset clause?
It sets the latest date by which the plan of subdivision must be registered. In Victoria, a developer generally needs your written consent or a Supreme Court order to end the contract under a sunset clause.
How much deposit will I need to pay?
Deposits on off-the-plan residential contracts in Victoria are capped at 10% of the price. We check how the deposit is held and when it is released.
Can the developer change the design?
Contracts usually allow some changes. We check what the developer can change and what rights you have if a change materially affects the property.
Is there a stamp duty concession?
Victoria has offered an off-the-plan duty concession for some purchases. Eligibility depends on the property type, date and use, set by the State Revenue Office. We check whether it applies.
Last reviewed October 2026. This page provides general information only and is not legal advice. Contact us for advice about your situation.
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View allBuying off the plan? Have the contract checked first.
We will explain the risks in plain English and quote a fixed fee for the whole purchase.
Get my contract reviewed Call (03) 8657 4994