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Requirements for vendors and purchasers

2 March 2018

Vendors and purchasers are faced with a number of new requirements under the Conveyancing (Sale of Land) Regulation 2017.

These requirements resulted in the 2017 edition of the Contract for Sale and Purchase of Land which included numerous updates to various new legislation.

This included the new strata legislation, loose-fill asbestos insulation warning notice, and new foreign resident capital gains withholding threshold.

Find out more about the changes here and how to purchase a copy here
One issue which has caused confusion for some REINSW members is the sewer diagram requirements.

This update requires vendors to submit two sewer services diagrams, but it causing confusion because the additional diagram is not always available.

Historically vendors only needed to provide one sewer diagram but  the Conveyancing (Sale of Land) Regulation 2017 (NSW) introduced changes to vendor disclosure obligations in relation to contracts for sale, including expanding the list of prescribed documents (under Schedule 1) required to be provided by vendors. 

This means vendors now need to provide (amongst others) the following, if available:

1. a sewer lines location diagram (sewerage service diagram) 
2. a sewerage infrastructure location diagram (service location diagram)

If both diagrams are available from a relevant authority they should be attached to the contract for sale. If only a single diagram is available (and no written confirmation can be obtained to justify its absence), then REINSW would recommend adding a special condition to the contract to clarify this.