Deciding what to buy
Off-the-plan property
Buying before construction finishes — the real deposit cap, sunset clause and duty concession rules, not assumptions.
- The deposit is capped at 10% of the contract price.
- If the plan of subdivision isn't registered within the contract's sunset period (18 months by default), you can end the contract and get your deposit back.
- Victoria's off-the-plan duty concessions apply only to first-home buyers or a principal place of residence, with specific dutiable-value thresholds.
- Your finance and the property's valuation can both change between signing and settlement.
Deposit and contract protections
A Victorian off-the-plan contract of sale requires a deposit of no more than 10% of the contract price (Consumer Affairs Victoria, verified 29 Jul 2026), and must carry a warning notice covering the deposit negotiation, the time that may pass before you own the property, and the possibility the property's value changes in that time.
The sunset clause
If the plan of subdivision isn't registered by the time specified in the contract, or by the default of 18 months, you have the right to end the contract and get your deposit back (Consumer Affairs Victoria, verified 29 Jul 2026). Check your specific contract's sunset date rather than assuming the 18-month default applies.
Duty exemptions and concessions
Since 1 July 2017, Victoria's off-the-plan duty exemption and concessions apply only to a principal place of residence or first home buyers (Consumer Affairs Victoria, verified 29 Jul 2026): full exemption for first-home buyers with a dutiable value of $600,000 or less; a concession for first-home buyers between $600,001 and $750,000; and a concession for any principal-place-of-residence buyer at $550,000 or less. The concession amount depends on how advanced construction is when the contract is signed — the closer to completion, the higher the duty is likely to be.
Practical checklist
Before signing an off-the-plan contract
- Check the specific sunset date in your contract
- Confirm your duty exemption/concession eligibility against the current thresholds
- Ask what happens to your finance approval if settlement is delayed
- Get legal advice on the contract's variation and disclosure clauses
Relevant Delora tool
Questions for a professional
- What is this contract's specific sunset date, and what are my rights if it's missed?
- Am I eligible for a duty exemption or concession on this specific purchase?
Official resources
Sources and methodology
- Buying off-the-plan — Consumer Affairs Victoria (retrieved 29 Jul 2026)
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.