Blue Mountains Conveyancing and Property Lawyers

The Blue Mountains is one of the most bushfire-exposed places in Sydney, and most lots back onto bushland or sit on a slope. That affects what you can build, what it costs to insure, and what the contract needs to cover.

Optimum Lawyers is a property law firm in Parramatta Square, led by principal solicitor Wisam Assi. We act on purchases, sales and transfers across NSW and in every other Australian state.

Checks that are specific to the Blue Mountains

• Bushfire prone land. Most of the Blue Mountains is mapped as bushfire prone land. New building work needs to meet the bushfire attack level for the site, which can add real cost
• Steep blocks. Slope affects access, drainage and retaining walls. Check easements for drainage and any approvals for decks and retaining walls
• Bushland boundaries. Lots next to national park or council reserve may have restrictions on clearing vegetation
• Older cottages. Many homes are older timber or fibro cottages with additions. Check approvals and get a building inspection before you exchange

NSW contract basics

• The contract comes first. A NSW property cannot be advertised until the contract has been prepared, so it can be reviewed before you make an offer.
• Cooling-off. 5 business days on a private sale, ending at 5pm on the fifth business day. You forfeit 0.25% of the price if you withdraw. It is 10 business days for off-the-plan purchases.
• Waivers and auctions. A section 66W certificate removes the cooling-off period, so sign one only after the contract has been checked. There is no cooling-off at auction.

Selling in the Blue Mountains

The contract, with its prescribed documents including the title search and planning certificate, must be ready before the property is advertised. Every seller needs an ATO clearance certificate, or the buyer must withhold 15% of the price at 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. NSW duty can apply even where no money changes hands, so get advice before anything is signed. See stamp duty in NSW.

Lawyer or conveyancer?

A conveyancer can handle a simple purchase well. A property lawyer can also advise on the contract before you sign, negotiate its terms, and act for you if the sale is disputed.

What clients say

“He represented me through a time-sensitive property purchase and was exceptional from start to finish.”

Jarrod Oliver, Google review

Questions about conveyancing in the Blue Mountains

Is my Blue Mountains property bushfire prone land?

Very likely. The planning certificate in the contract tells you, and it affects any new building work.

Can I clear trees on my Blue Mountains block?

Not freely. Clearing is restricted in many places, particularly near bushland. Check before you buy if you plan to build.

How long is the cooling-off period in NSW?

Five business days on a private sale, ending at 5pm on the fifth business day. You forfeit 0.25% of the price if you withdraw. There is none at auction.

Do I need to come to your office?

No. Documents can be signed electronically and NSW settlements are completed electronically. You are welcome to meet us at Parramatta Square.

Related: Conveyancing Penrith | Contract of sale review | Property lawyers Parramatta