Canberra Conveyancing and Property Lawyers
For NSW and Interstate Buyers and Sellers
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The ACT does two things differently from every state. Land is held under a Crown lease, and the seller commissions the building and pest reports that the buyer relies on.
Optimum Lawyers is a Parramatta property law firm that acts on ACT and NSW property, including for people moving between Sydney, Queanbeyan and Canberra.

Send us the contract before you exchange
We offer a free initial contract assessment. It is a brief first look at whether the contract appears ready for a full paid legal review. It is not the full review, and it is not free conveyancing.
What an ACT seller must provide
Before a home is offered for sale, the seller needs a contract with the required documents attached. They include the Crown lease, the title, a building and compliance inspection report, a pest inspection report, an energy efficiency rating statement, lease and building conveyancing enquiries, and asbestos advice. For a unit, add the unit plan and the minutes of the last two owners corporation meetings.
The buyer reimburses the seller for the building and pest reports at settlement. Remember who ordered them. Read the reports closely and put questions to the inspector before you exchange.
Leasehold, and what the lease says
You buy the remainder of a Crown lease. The lease has a purpose clause that sets what the block can be used for, and it can carry conditions about what must be built. The building conveyancing enquiry shows what has been approved, which is how unapproved extensions, decks and carports come to light.
Loose-fill asbestos
The ACT keeps an Affected Residential Premises Register of homes known to contain loose-fill asbestos insulation. A property on the register cannot be occupied by a new owner or tenant. Check the register for any older house before you make an offer.
Cooling-off
The cooling-off period is 5 business days after exchange. If you withdraw you forfeit 0.25% of the price. It does not apply to a sale by auction.
Across the border
Queanbeyan, Googong and Jerrabomberra are in NSW. A purchase there runs on a NSW contract, with no seller-supplied building report, so the inspections are yours to arrange. We act on both sides of the border.
Selling a Canberra property from interstate
The reports and enquiries have to be in hand before the property is advertised, so allow time for them. Every seller also needs an ATO clearance certificate, or the buyer must withhold 15% of the price at settlement.
New blocks and off-the-plan purchases
In the newer suburbs, a block’s Crown lease usually sets deadlines to start and finish building. For an off-the-plan unit, check the sunset date and how much the developer can change the plan. Both are fixed in documents you sign well before settlement.
Transfers without a sale
We also act on transfers between partners, after a separation, from a deceased estate, and into or out of a trust or self-managed super fund. ACT duty can apply, so get advice first.
Lawyer or conveyancer?
A conveyancer can handle a simple purchase well. A property lawyer can also advise on what the seller’s reports and the lease mean for you, negotiate the contract, and act for you if a report proves wrong or the building file does not match the house.
Questions about conveyancing in Canberra
Who pays for the building and pest reports in the ACT?
The seller commissions them before the sale. The buyer reimburses the cost at settlement.
Is all land in Canberra leasehold?
Yes. Residential land in the ACT is held under a Crown lease.
How do I check a house for loose-fill asbestos?
Search the ACT Affected Residential Premises Register for the address. The seller’s contract documents also include asbestos advice.
How long is the cooling-off period in the ACT?
Five business days after exchange. You forfeit 0.25% of the price if you withdraw, and auctions have none.
Is Queanbeyan an ACT contract?
No. Queanbeyan is in NSW, so NSW contract and duty rules apply.
Related: Property lawyers Canberra | ACT interstate conveyancing | Interstate conveyancing | Sydney | Contract review | Property lawyers Australia
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