What documents do you need to sell your house?

Selling without an agent does not mean selling without paperwork. Every state has rules about what a buyer must be given, when, and what happens if it is missing, and they differ more than most sellers expect. This is the full list for every state and territory, checked against the regulators in October 2026.

01 · Every state

What does every seller need?

These apply whichever state you are in. Start with the first two: your conveyancer and your clearance certificate both take time.

• A conveyancer or solicitor, booked before you advertiseThey prepare the contract and your state’s disclosure documents, order the searches and run settlement. In WA this is usually a licensed settlement agent.
• Contract of saleEvery state. In WA it is the Offer and Acceptance with the Joint Form of General Conditions. In the NT, only an approved contract form can be used.
• Your state’s disclosure documentSection 32 (VIC), the contract with its prescribed attachments (NSW), Form 2 (QLD), Form 1 (SA) or the required documents (ACT). WA, Tasmania and the NT have no general disclosure statement. The table below has the detail.
• ATO clearance certificateEvery Australian resident seller needs one, at any price, for contracts signed from 1 January 2025. Without it the buyer must withhold 15% of the price and send it to the ATO. It is free, lasts 12 months and can take up to 28 days, so apply when you decide to sell.
• Proof of identityYour conveyancer must verify your identity before they can sign the transfer for you. Expect to show original ID such as a passport and driver licence.
• Mortgage discharge authorityIf you have a loan, your lender needs a signed discharge form before it releases the mortgage at settlement. Ask your lender how long it takes and lodge it early.
• GST withholding noticeBefore settlement, every seller of residential property must tell the buyer in writing whether GST withholding applies. For an ordinary resale it does not, and the standard contracts in most states include the notice.
• Rates, water and land tax noticesYour conveyancer uses them to adjust these costs between you and the buyer at settlement, and some states require outgoings in the disclosure document.
• Owners corporation or strata recordsFor a unit or townhouse. Legally required in the disclosure documents in VIC, QLD, the ACT and (as a pre-contract disclosure) WA.
• Pool and smoke alarm complianceRules differ a lot by state, and some apply before you advertise, others before settlement. See the state table.
• A written inclusions and exclusions listNot a legal document on its own, but your conveyancer cannot see what is in your house. Write it yourself and have it go into the contract.

The clearance certificate catches people out. The ATO says every Australian resident selling property must have a clearance certificate and give it to the buyer at or before settlement. Until 2025 it only applied above $750,000. Now it applies to every sale.

02 · State by state

What does each state require?

The main differences in one table. Scroll sideways on a phone. The detail for each state follows.

03 · The detail

The documents for your state

Victoria

The core document is the Section 32 statement under the Sale of Land Act 1962. You sign it and the buyer must get it before they sign the contract. Consumer Affairs Victoria says it is usually prepared by the seller’s lawyer or conveyancer.

• Section 32 vendor statementTitle (register search statement and plan), mortgages, easements and covenants, zoning and overlays, bushfire-prone status, rates and outgoings, building permits from the last seven years, services not connected, notices affecting the land, and owners corporation details for a unit.
• Due diligence checklistMust be available to buyers of residential property from the time it is offered for sale, including at inspections and online.
• Contract of saleUsually presented with the Section 32.

If the statement is missing or materially wrong, the buyer can rescind right up until they accept title and take possession. There is no pool certificate in the Section 32 itself, but pools and spas must be registered with your council separately. More in selling a house privately in Victoria.

New South Wales

In NSW the contract is the disclosure. You must prepare a contract before advertising, with the prescribed documents attached.

• Contract for sale of landPrepared by a solicitor or conveyancer.
• Title search and registered planPlus any dealings for easements, restrictions and covenants.
• Section 10.7 planning certificateFrom your council.
• Sewer and drainage diagramFrom your water authority.
• Smoke alarm and loose-fill asbestos noticeUnless it is already printed in the contract.
• Pool compliance certificateIf you have a pool or spa: a certificate of compliance, a recent occupation certificate with registration, or a certificate of non-compliance. Not required for strata schemes with more than two lots.

If a prescribed document is missing, the buyer can rescind within 14 days of exchange. More in for sale by owner in NSW.

Queensland

Queensland changed the rules on 1 August 2025. Under the Property Law Act 2023 you must give the buyer a Form 2 seller disclosure statement and the prescribed certificates before they sign. At auction they must have it before the fall of the hammer. Keep proof you gave it: the onus is on you.

• Form 2 seller disclosure statementSeller and property details, title and encumbrances, tenancies, land use and planning, and buildings and structures.
• Title search and survey planPrescribed certificates.
• NoticesAny notices under environmental, building, QBCC and planning laws, and any tree dispute orders.
• Body corporate certificate and community management statementFor a unit or townhouse in a community titles scheme.
• Pool safety certificate or Form 36If there is no current certificate, lodge a Form 36 with QBCC and give the buyer a copy. Confirm the timing with your solicitor.
• Contract of saleWith a private sale warning statement.

You must also have interconnected photoelectric smoke alarms when you sell, according to Queensland Fire Department. If the disclosure is not given, the buyer may be able to terminate any time up to settlement. In Queensland, Unreserved prepares the REIQ contract for our sellers. Your solicitor prepares the Form 2. More from a Queensland property lawyer in Ask a property lawyer.

South Australia

The key document is the Form 1 vendor’s statement. It sets out the buyer’s cooling-off rights plus title, mortgages, easements, zoning and outgoings. The SA Government says to use a qualified conveyancer or solicitor for it.

• Form 1 vendor’s statementAt least 10 clear days before settlement on a private sale. For an auction, available for 3 business days beforehand and at the auction.
• Search certificatesTitle, council, rates, water and other authorities, attached by your conveyancer.
• Form R3 buyer’s information noticePrivate sellers must make it available.
• Contract of saleCooling-off is 2 clear business days from the contract, or from service of the Form 1 if that is later.

Any change to the Form 1 needs a formal amendment, which gives the buyer another 2 clear business days. More from an SA conveyancer in Ask a conveyancer.

Western Australia

Consumer Protection WA is direct: there is no mandatory seller disclosure statement and no cooling-off period unless both sides agree to one. The sale runs on the Offer and Acceptance and the Joint Form of General Conditions, with a settlement agent or solicitor on each side.

• Offer and AcceptanceWith the Joint Form of General Conditions.
• Strata disclosureFor a strata property, required before the buyer signs.
• Smoke alarmsMains-powered, under 10 years old and compliant before transfer, per Building and Energy WA.
• RCD safety switchesAt least two, protecting power and lighting circuits, before transfer.

Without an agent, the buyer’s deposit goes into the trust account of their settlement agent or solicitor, not to you. More from a WA settlement agent in Ask a settlement agent.

Tasmania

Tasmania has no mandatory disclosure statement and no statutory cooling-off period. Consumer Affairs Tasmania describes it as buyer beware. The standard contract includes an optional vendor disclosure, and many buyers ask for a council land information certificate (a 337 certificate).

Consumer Affairs Tasmania warns that doing your own conveyancing is risky because there is no insurance behind it. Use a licensed conveyancer or solicitor. More in selling a house privately in Tasmania.

Australian Capital Territory

The ACT asks the most of sellers. Under the Civil Law (Sale of Residential Property) Act 2003, the required documents must be available whenever an offer can be made, which in practice means before you advertise.

• Contract, Crown lease, title extract and deposited planPlus any encumbrances.
• Building and compliance inspection reportFrom an inspection no more than 3 months before the home is first advertised.
• Pest inspection reportFor a home that has been lived in, on the same 3-month rule.
• Energy efficiency rating (EER) statementThe EER must also appear in every advertisement.
• Asbestos assessment report or asbestos advice
• Lease and building conveyancing inquiry documents
• Units plan, unit title certificate and building management statementFor a unit.
• Pool documentsFor a regulated swimming pool.

The buyer reimburses you for the building and pest reports when the sale completes. If you fail to give the EER statement, you pay the buyer 0.5% of the price. More in selling a house privately in the ACT.

Northern Territory

The NT has no mandatory disclosure statement, but you must use an approved contract form, usually prepared by a conveyancer or solicitor. Cooling-off is 4 business days for a sale not by auction.

• Approved contract of saleFrom the Registrar or the Law Society NT.
• Pool compliance certificate or no-pool declarationLodged with the transfer at the Land Titles Office for residential land under 1.8 hectares, per NT Government.
• Photoelectric smoke alarmRequired when you sell. Old ionisation alarms must be replaced.

04 · Timing

When should you get the documents ready?

Earlier than you think. Searches and certificates can take a couple of weeks to come back, and the clearance certificate can take up to 28 days. A buyer who asks for the contract on Saturday and gets it the following Wednesday has often moved on.

• When you decide to sellBook a conveyancer for a fixed quote. Apply for your ATO clearance certificate. Check your pool and smoke alarms against your state’s rules.
• Before you advertiseHave the disclosure documents and contract ready. It is the law in NSW and the ACT, and good practice everywhere else. In the ACT, order the building, pest and EER reports.
• Before the buyer signsGive them the disclosure document and keep proof you did.
• Before settlementLodge your mortgage discharge form, give the buyer the clearance certificate and confirm the GST withholding notice.

For what goes inside the contract itself, including inclusions, special conditions and the mistakes that sink sales, read contracts of sale and vendor statements. For who does each job when you sell, see who does what. Related guides: caveats before settlement, AML ID checks and the legal mistakes to avoid.