Decide what to buy

Buying an apartment or off the plan, state by state

Levies, sinking funds and special levies, what to read before you buy, and the off-the-plan rules on deposits, sunset clauses, changes and defects in every state, each checked against official guidance.

The short answer

Before you buy an apartment, read the levies and the fund the owners' body keeps for major work: when that fund is short, special levies may be needed (NSW guidance). (NSW Government (NSW Fair Trading), verified 22 Oct 2026)

Off the plan, check where your deposit is held, when the developer can end the contract under a sunset clause, and what happens if the plans change. The table gives each state's answer; the sections below give the detail. Rules as at 22 October 2026.

State by state at a glance

Scroll sideways for more columns

"Not covered by the official guidance we checked" means the government pages checked for this guide don't address it, not that no rule exists. Ask a conveyancer or lawyer in that state.

Levies, sinking funds and special levies

Low levies could mean a steep rise in future fees (NSW). (NSW Government (NSW Fair Trading), verified 22 Oct 2026)

In Victoria, special fees more than double the annual fees need a special resolution of the owners. (Consumer Affairs Victoria, verified 22 Oct 2026)

In Queensland, late levies may attract interest of up to 30% a year, and a new owner may be liable for levies the seller left unpaid. (Queensland Government (Office of the Commissioner for Body Corporate and Community Management), verified 22 Oct 2026)

In the ACT, a developer's estimate of the general fund may prove inaccurate, and contributions may need to rise once the owners corporation can cost things properly. (ACT Government (Environment, Planning and Sustainable Development Directorate), verified 22 Oct 2026)

In the Northern Territory, shared facilities such as a lift or pool can mean higher fees, and you may pay extra towards the sinking fund for costs such as painting, roof repairs or lift maintenance. (Northern Territory Government, verified 22 Oct 2026)

Off the plan: where your deposit sits

NSW: the deposit and any instalments are held in a trust or controlled money account and can't be released to the vendor before settlement. (NSW Government (NSW Fair Trading), verified 22 Oct 2026)

Victoria: the deposit can be no more than 10% of the contract price. (Consumer Affairs Victoria, verified 22 Oct 2026)

Queensland: deposits are released from trust only at settlement, or if the contract otherwise ends and the seller is entitled to them. (Queensland Government, verified 22 Oct 2026)

WA: deposits stay in trust until the strata plan is registered with Landgate; after that the developer can access them unless the contract prevents it. (Consumer Protection, Department of Energy, Mines, Industry Regulation and Safety (WA), verified 22 Oct 2026)

Off the plan: sunset clauses

A sunset clause lets a party end the contract if the plan isn't registered, or an occupation certificate issued, by a set date (NSW's definition). (NSW Government (NSW Fair Trading), verified 22 Oct 2026)

In NSW the developer needs your consent or a Supreme Court order to end the contract under one. (NSW Government (NSW Fair Trading), verified 22 Oct 2026)

The ACT has the same consent-or-Supreme-Court rule. (ACT Government (Environment, Planning and Sustainable Development Directorate), verified 22 Oct 2026)

Queensland's 2023 limit covers off-the-plan land, not community titles schemes such as apartments. (Queensland Government, verified 22 Oct 2026)

In WA you can cancel if the deadline to register the strata plan is missed, (Consumer Protection, Department of Energy, Mines, Industry Regulation and Safety (WA), verified 22 Oct 2026)

and in Victoria you can end the contract if the plan of subdivision isn't registered by the contract date or the 18-month default. (Consumer Affairs Victoria, verified 22 Oct 2026)

Victoria's own sunset-clause rules are in the Sale of Land Act 1962, whose text on legislation.vic.gov.au refuses automated access, so this page doesn't state them.

Off the plan: when the plans change

NSW: you have 14 days from a change notice to end the contract (if materially prejudiced) or to claim compensation capped at 2% of the price. (NSW Government (NSW Fair Trading), verified 22 Oct 2026)

Queensland: you can back out within 30 days of the notice, or before title transfers, if the change causes material prejudice. (Queensland Government, verified 22 Oct 2026)

ACT: the developer must give updated disclosure statements for significant changes. (ACT Government (Environment, Planning and Sustainable Development Directorate), verified 22 Oct 2026)

WA: some contracts let the developer change specifications without your approval. (Consumer Protection, Department of Energy, Mines, Industry Regulation and Safety (WA), verified 22 Oct 2026)

Cooling-off differs too: NSW gives off-the-plan buyers 10 business days instead of 5, (NSW Government (NSW Fair Trading), verified 22 Oct 2026)

and in Tasmania cooling-off isn't a legal requirement at all. (Consumer, Building and Occupational Services (Tas), verified 22 Oct 2026)

Deposit bonds and bank guarantees

In NSW you can use a deposit bond or bank guarantee instead of a cash deposit only if the developer agrees before the contract is signed. (NSW Government (NSW Fair Trading), verified 22 Oct 2026)

Of the official guidance checked for this page, only NSW's addresses deposit bonds directly. Anywhere else, check the contract allows one before you rely on it.

Defects and cladding

NSW: the developer lodges a building bond of 2% of the contract price, inspected at 15 to 18 and 21 to 24 months after completion. (NSW Government (Building Commission NSW), verified 22 Oct 2026)

Building Commission NSW can investigate serious defects in class 2 apartment buildings for up to 10 years after completion. (NSW Government (NSW Fair Trading), verified 22 Oct 2026)

ACT: statutory warranties cover structural defects for 6 years and non-structural defects for 2 years from occupancy, and from 1 October 2026 a developer needs a licence to sell off the plan in projects of 3 or more dwellings. (ACT Government (Environment, Planning and Sustainable Development Directorate), verified 22 Oct 2026)

Victoria: Home Warranty is for building contracts over $20,000 and 3 storeys or less; (Victorian Government, verified 22 Oct 2026)

an off-the-plan buyer has limited recourse with the builder because the developer, not the buyer, contracts with the builder. (Consumer Affairs Victoria, verified 22 Oct 2026)

NSW's cladding program, Project Remediate, lends owners corporations the cost interest-free over 10 years and levies owners for the repayments. (NSW Government (Building Commission NSW), verified 22 Oct 2026)

Cladding Safety Victoria's website refuses automated access, so Victoria's cladding program isn't described here.

South Australia, Tasmania, the ACT and the Northern Territory

South Australia: a community corporation must keep a sinking fund and an administrative fund; with common property insured for $200,000 or more, one with more than twenty lots presents a five year forward budget and one with seven to twenty lots a three year budget. (Legal Services Commission of South Australia, verified 22 Oct 2026)

On application by a prospective buyer, the corporation must provide the contributions payable and arrears, its assets and liabilities, expenses coming up, two years of meeting minutes, its accounts, by-laws and insurance. (Legal Services Commission of South Australia, verified 22 Oct 2026)

(The Law Handbook page this comes from was last revised in October 2018.)

Tasmania: the body corporate comes into existence automatically when the Recorder of Titles registers the strata plan, and must keep the insurance the Strata Titles Act 1998 requires. (Land Tasmania, Department of Natural Resources and Environment Tasmania, verified 22 Oct 2026)

There's no legal requirement for cooling-off or for disclosing defects; the state's guidance is 'buyer beware'. (Consumer, Building and Occupational Services (Tas), verified 22 Oct 2026)

ACT: off-the-plan developers must give a Disclosure Statement, including how contributions to the general and sinking funds are proposed to be set. (ACT Government (Environment, Planning and Sustainable Development Directorate), verified 22 Oct 2026)

Northern Territory: a body corporate certificate, available during conveyancing, shows unpaid fees, planned building works, the body corporate's debts and legal claims. (Northern Territory Government, verified 22 Oct 2026)

(The NT page was last modified in 2016.)

State guides

• Buying an apartment or off the plan in New South Wales
• Buying an apartment or off the plan in Victoria
• Buying an apartment or off the plan in Queensland
• Buying an apartment or off the plan in Western Australia

For Victoria, Delora also explains how to read an owners corporation certificate, owners corporation due diligence and off-the-plan property in more depth.

Common questions

What is a special levy?

A charge on owners when the fund for major work doesn't have enough money for large capital works or unforeseen expenses (NSW guidance). (NSW Government (NSW Fair Trading), verified 22 Oct 2026)

Can a developer cancel my off-the-plan contract?

In NSW, not under a sunset clause without your consent or a Supreme Court order; (NSW Government (NSW Fair Trading), verified 22 Oct 2026) the ACT has the same rule. (ACT Government (Environment, Planning and Sustainable Development Directorate), verified 22 Oct 2026) Queensland's equivalent limit covers land, not apartments. (Queensland Government, verified 22 Oct 2026)

Is my off-the-plan deposit safe?

In NSW it is held in trust and can't be released to the vendor before settlement; (NSW Government (NSW Fair Trading), verified 22 Oct 2026) in Queensland it is released from trust only at settlement; (Queensland Government, verified 22 Oct 2026) in WA it stays in trust until the strata plan is registered with Landgate. (Consumer Protection, Department of Energy, Mines, Industry Regulation and Safety (WA), verified 22 Oct 2026)

Practical checklist

Before you buy an apartment or sign off the plan

• Get the document your state requires (strata search, owners corporation or body corporate certificate, or disclosure statement) and read the levies and the fund for major work
• Ask whether a special levy has been proposed, and whether any major work is planned
• Off the plan: find out who holds the deposit, and until when
• Off the plan: read the sunset date and what the contract lets the developer change
• Have a conveyancer or lawyer in your state review the contract before you sign

Questions for a professional

• Is the fund for major work enough for what the plan or budget says is coming?
• Off the plan: when can the developer end this contract, and what happens to my deposit if it does?
• What can the developer change, and what are my rights if it does?

Official resources

• NSW Government: Buying a strata property
• Consumer Affairs Victoria: Buying off-the-plan
• Queensland Government: Buying off the plan
• Consumer Protection WA: Buying property off the plan
• ACT Government: Thinking of buying a unit or apartment off-the-plan

Sources and methodology

• Buying a strata property | NSW Government — NSW Government (NSW Fair Trading) (retrieved 22 Oct 2026). Licence: NSW Government content, reproduced for research/citation purposes
• Buying property off the plan | NSW Government — NSW Government (NSW Fair Trading) (retrieved 22 Oct 2026). Licence: NSW Government content, reproduced for research/citation purposes
• Strata Building Bond and Inspections Scheme | NSW Government — NSW Government (Building Commission NSW) (retrieved 22 Oct 2026). Licence: NSW Government content, reproduced for research/citation purposes
• Replace flammable cladding through Project Remediate | NSW Government — NSW Government (Building Commission NSW) (retrieved 22 Oct 2026). Licence: NSW Government content, reproduced for research/citation purposes
• Buying an apartment or unit - checklist | Consumer Affairs Victoria — Consumer Affairs Victoria (retrieved 22 Oct 2026). Licence: CC BY 4.0
• Fees - owners corporations | Consumer Affairs Victoria — Consumer Affairs Victoria (retrieved 22 Oct 2026). Licence: CC BY 4.0
• Buying off-the-plan | Consumer Affairs Victoria — Consumer Affairs Victoria (retrieved 22 Oct 2026). Licence: CC BY 4.0
• Tiers of owners corporations | Consumer Affairs Victoria — Consumer Affairs Victoria (retrieved 23 Oct 2026). Licence: CC BY 4.0
• Owners corporation maintenance plan | Consumer Affairs Victoria — Consumer Affairs Victoria (retrieved 22 Oct 2026). Licence: CC BY 4.0
• Better domestic building insurance | vic.gov.au — Victorian Government (retrieved 22 Oct 2026). Licence: CC BY 4.0
• Buying into a body corporate | Queensland Government — Queensland Government (Office of the Commissioner for Body Corporate and Community Management) (retrieved 22 Oct 2026). Licence: Government content, reproduced for research/citation purposes
• Sinking fund | Queensland Government — Queensland Government (Office of the Commissioner for Body Corporate and Community Management) (retrieved 22 Oct 2026). Licence: Government content, reproduced for research/citation purposes
• Buying off the plan | Queensland Government — Queensland Government (retrieved 22 Oct 2026). Licence: Government content, reproduced for research/citation purposes
• Buying and selling - fact sheet | Landgate — Landgate (WA) (retrieved 22 Oct 2026). Reuse terms: see the publisher's site
• Managing finances and insurance - fact sheet | Landgate — Landgate (WA) (retrieved 22 Oct 2026). Reuse terms: see the publisher's site
• Buying property off the plan | Consumer Protection WA — Consumer Protection, Department of Energy, Mines, Industry Regulation and Safety (WA) (retrieved 22 Oct 2026). Reuse terms: see the publisher's site
• Financial management (community titles) | Law Handbook, Legal Services Commission of SA — Legal Services Commission of South Australia (retrieved 22 Oct 2026). Licence: Public legal-education content, Legal Services Commission of SA
• Buying a home unit | Law Handbook, Legal Services Commission of SA — Legal Services Commission of South Australia (retrieved 22 Oct 2026). Licence: Public legal-education content, Legal Services Commission of SA
• Advice on buying and selling property | Consumer, Building and Occupational Services Tasmania — Consumer, Building and Occupational Services (Tas) (retrieved 22 Oct 2026). Licence: Government content, reproduced for research/citation purposes
• Thinking of buying a unit or apartment off-the-plan in the ACT | ACT Government — ACT Government (Environment, Planning and Sustainable Development Directorate) (retrieved 22 Oct 2026). Licence: ACT Government content, reproduced for research/citation purposes
• Buying a unit in a body corporate | NT.GOV.AU — Northern Territory Government (retrieved 22 Oct 2026). Reuse terms: see the publisher's site
• Body corporate | Land Tasmania (NRE Tas) — Land Tasmania, Department of Natural Resources and Environment Tasmania (retrieved 22 Oct 2026). Reuse terms: see the publisher's site

Figures on this page are drawn from Delora's local knowledge graph, refreshed from these primary sources and checked for changes on a regular schedule. If a figure here looks out of date, the official source above is always the authority — please let us know.