Six papers, one behind each tab
Each paper answers one question a seller meets, in roughly the order they meet it. Each one names the state whose rule it is quoting, because the rules are written state by state, and links that state’s own page.
- The steps of a sale
A sale in order, from the first paper to the keys, with the settlement period each state describes.
Rules described: NSW · VIC · QLD · SA · WA · NT - The contract and disclosure
What a seller hands the buyer before they sign, state by state, and what happens when it is wrong.
Rules described: NSW · VIC · QLD · SA · WA · TAS · NT - Cooling-off periods
How many days a buyer has to change their mind, what it costs them, and when there are none.
Rules described: NSW · VIC · QLD · SA · WA · TAS · NT - Selling without an agent
Selling privately: the agent’s jobs that become yours, and the legal papers that stay the same.
Rules described: NSW · VIC · QLD · SA · WA · TAS - Settlement day
What happens on the day, who moves the money, and how council rates are split.
Rules described: NSW · VIC · QLD · SA · WA · NT - Capital gains and your home
The main residence exemption, the six-month and six-year rules, and the records to keep.
Rules described: ATO (federal tax)
What a buyer must be given first, where the law says so
NSWA contract of sale, prepared by a lawyer or a licensed conveyancer, has to exist before the property is advertised.
VICThe seller must give the buyer a Section 32 statement, signed by the seller, before the buyer signs the contract.
QLDSince 1 August 2025 a seller disclosure statement and prescribed certificates go to the buyer before the buyer signs the contract.
WASellers in Western Australia do not have to give a seller disclosure statement.
Paper 02 sets the states’ documents side by side, with what each must contain and what a buyer can do if it is missing.
A clearance certificate for every Australian-resident seller
The ATO says all Australian residents for tax purposes who sell Australian real property must have a clearance certificate and give it to the buyer at or before settlement.
Without one, the buyer must withhold an amount from the sale and pay it to the ATO. For contracts signed on or after 1 January 2025 the rate is 15% and it applies to the value of all property; from July 2017 to the end of 2024 the rate was 12.5%, and only on property valued at $750,000 or more. The ATO’s own advice is to apply as soon as you are thinking of selling: certificates are free, can take up to 28 days to issue, and are valid for 12 months from the date of issue.
In the ATO’s worked example, a couple both listed on the title each apply for their own certificate.
How long a buyer can change their mind
Most of the states covered here give a buyer of a home sold privately a short cooling-off period. The seller does not get one: in NSW, once contracts are exchanged the seller is legally bound to complete.
| State | Buyer’s cooling-off period |
|---|---|
| NSW | 5 business days |
| VIC | 3 clear business days |
| QLD | 5 business days |
| SA | 2 clear business days |
| NT | 4 business days |
| WA | None mandatory; the parties may agree to add one |
| TAS | Not a requirement under the Property Agents and Land Transactions Act 2016 |
Paper 03 adds when each period starts, what a buyer pays to withdraw, and the exceptions.
Settlement: the money moves, then the keys
Settlement is the date when the buyer pays the balance of the price, receives the title and becomes the registered owner, and takes possession unless something else was arranged. In NSW, every land transaction that has to be lodged with NSW Land Registry Services has been done electronically since 11 October 2021.
Paper 05 walks through the day, from the buyer’s final inspection to the rates adjustment.
Capital gains tax and your own home
Your main residence is exempt from capital gains tax if you are an Australian resident and the dwelling was the home of you, your partner and other dependants for the whole time you owned it, was not used to produce income, and sits on land of 2 hectares or less. If you don’t meet every condition, a partial exemption may still apply.
Paper 06 covers moving house, renting out a former home, and the records the ATO says to keep.
What this file is, and where to check
This is a guide to the paperwork of a home sale, published by Dotto. It describes the rules as each state and the ATO set them out on their own pages, quotes no market prices, and is general information rather than advice for your sale. A solicitor or licensed conveyancer can tell you how the rules apply to your contract.
Choosing a real estate agent, agency agreements, commission and price advertising are outside this file. The state pages below cover them.
- NSWNSW Government: selling property in NSW
- VICConsumer Affairs Victoria: selling property
- QLDQueensland Government: selling a home
- SASA.GOV.AU: selling your home
- WAConsumer Protection WA: selling a property
- TASConsumer Affairs Tasmania: buying or selling property
- NTNT.GOV.AU: buying and selling a home
- ACTAccess Canberra: real estate and property
- TaxATO: your main residence