Who is this guide for?
This guide is for developers and landowners selling proposed lots before title registration. It also helps agents and project marketers understand the legal hand-offs. An owner trying to resell or assign an existing off-the-plan purchase needs separate advice about assignment, nomination, developer consent and possible duty consequences.
Completed, registered lots may follow ordinary sale and disclosure rules instead. Confirm the legal status of each lot rather than assuming one document pack suits the whole project.
1. Agree the scope before launching sales
- Confirm the state, development structure, title status and proposed lot count
- Provide current plans, approvals, ownership details, finance arrangements and your proposed sales timetable
- Identify who prepares contracts, plans, disclosure documents and proposed strata or body corporate documents
- Agree responsibility for contract versions, buyer notices, agent instructions and settlement reporting
- Obtain a written project quote separating document preparation, searches, certificates and per-lot settlement work
2. Prepare the correct contracts and disclosure
Have the adviser confirm which documents must be given or attached before a buyer signs. Record the exact version supplied and do not leave the agent to assemble an unverified pack.
| State | Developer’s starting point |
|---|---|
| Queensland | Determine whether the Land Sales Act or community-title proposed-lot disclosure rules apply. Arrange the required disclosure statement and plan, including surveyor input where required. Ordinary Form 2 is not a substitute for a proposed-lot disclosure package. |
| New South Wales | Prepare the approved off-the-plan disclosure statement and prescribed attachments, including the draft plan and relevant draft scheme documents. These requirements sit alongside ordinary contract disclosure requirements. |
| Victoria | Prepare the Section 32 vendor statement and off-the-plan contract documents, addressing the proposed plan, owners corporation information where relevant and required off-the-plan warning. |
Queensland Form 2 is not the off-the-plan disclosure pack
DJR’s Form 2 preparation service is for transactions where that statement is required. Proposed-lot sales are subject to their own disclosure requirements under the applicable legislation. Do not use the Form 2 questionnaire alone to start an off-the-plan project or assume a Form 2 volume price covers proposed-lot disclosure.
If a project includes completed, registered lots as well as proposed lots, ask DJR to confirm the appropriate service for each. Contracts and off-the-plan disclosure packs are quoted per project.
3. Exchange contracts and manage deposits correctly
Use the approved contract version and preserve evidence of the documents given to each buyer. Confirm signatures, deposit arrangements and any conditions before treating a sale as unconditional.
Follow the applicable trust-account and deposit rules. Do not treat buyer deposits as construction funding or assume early release is permitted. In Victoria, the deposit for relevant off-the-plan sales must not exceed 10%.
4. Track changes, deadlines and buyer notices
- Keep a lot-by-lot record of executed contracts, conditions, deposits and settlement requirements
- Have proposed plan, specification and scheme-document changes legally reviewed before communicating them to buyers
- Issue any required formal notices using the correct documents and method, and retain proof of delivery
- Allow for buyer response rights and deadlines instead of assuming every variation is permitted
- Review sunset clauses before taking action; a delay does not automatically give a developer a right to terminate
5. Coordinate registration and settlements
Work with your surveyor, financier and legal advisers on plan registration and the documents needed for settlement. Title registration and construction completion are different milestones; the contract determines when settlement can be called, subject to the applicable law.
Before issuing settlement notices, check final disclosure requirements, release arrangements with the project lender and the notice period for each contract. NSW requires particular final registered-plan and document disclosure before settlement. Allow for those obligations in the timetable.
Prepare adjustments and electronic settlement workspaces lot by lot, confirm purchaser funding readiness and keep agents informed about settlement completion and key release. PEXA helps complete the transaction; it does not replace the project’s disclosure, registration or contract requirements.
What to send DJR for a project enquiry
Send the property state, project address or proposed development name, lot count, title status, available plans, intended sales launch and expected registration or completion timing. Tell us whether you need contract preparation, proposed-lot disclosure, completed-lot Form 2 preparation or settlement-only assistance.
Developer contract and disclosure work is quoted per project. The scope and any per-lot pricing need to be confirmed for your development, particularly for complex work and larger projects. We do not promise a construction timetable or guarantee that every buyer will settle.
Your next step
Plan your project’s contracts and settlements
Tell us the property state, proposed lot count, title and construction stage, and expected sales timetable. Ask for a written scope and project quote covering contracts, the applicable disclosure documents and settlement work.
Common questions
Does every Queensland off-the-plan lot need a Form 2?
No. Proposed-lot transactions have their own disclosure regimes. Establish whether a lot is proposed or already registered, and whether an exemption or particular disclosure law applies, before selecting a service.
Can I reuse the same disclosure pack for every lot?
Common project documents may be reusable, but each contract needs the correct lot details and applicable attachments. Plans and disclosure versions must stay consistent with the individual transaction.
Can a developer end a contract when a sunset date passes?
Not automatically. Statutory restrictions can require buyer consent or a court order for certain contracts. Queensland’s relevant Land Sales Act restrictions do not extend to community titles schemes such as apartments. Have the specific contract and statutory regime reviewed first.
Sources
- Queensland Government — Buying off the plan and sunset clauses
- Queensland Government — Seller disclosure scheme
- NSW Office of the Registrar General — Off-the-plan disclosure requirements
- Consumer Affairs Victoria — Off-the-plan contracts and protections
General information only, not legal advice. Checked 14 October 2026.