Conveyancing Amendment (Sunset Clauses) Act 2015 (NSW)

Legislation au NSW Legislation - Acts (NSWLegAct) N E W S O U T H W A L E S L E G I S L A T I O N

Legislation content

An Act to amend the Conveyancing Act 1919 to prevent a developer from unreasonably rescinding an off the plan contract for a residential lot under a sunset clause.

1Name of Act

This Act is the Conveyancing Amendment (Sunset Clauses) Act 2015.

2Commencement

This Act commences on the date of assent to this Act.

Schedule 1Amendment of Conveyancing Act 1919 No 6[1]Section 52 Application of Part 4 to land under Real Property Act 1900

Omit “and 9” from section 52 (2). Insert instead “, 9 and 10”.

[2]Part 4, Division 10

Insert after Division 9:

Division 10Off the plan contracts66ZLRescission under sunset clauses(1)

In this section:

off the plan contract means a contract for the sale of a residential lot (the subject lot) that has not been created at the time that the contract is entered into.

residential lot means a lot (whether a strata lot or otherwise) that is residential property within the meaning of section 66Q.

sunset clause means a provision of an off the plan contract that provides for the contract to be rescinded if the subject lot is not created by the sunset date.

sunset date means the date set out in the off the plan contract as the latest date (subject to any extension provided for in the contract) by which the subject lot must be created.

(2)

For the purposes of this section, a lot is created when the plan creating the lot becomes a registered plan.

(3)

A vendor may rescind an off the plan contract under a sunset clause if the subject lot has not been created by the sunset date, but only if:

  • (a)

    each purchaser under the contract, at any time after being served with the notice under subsection (4), consents in writing to the rescission, or

  • (b)

    the vendor has obtained an order of the Supreme Court under this section permitting the vendor to rescind the contract under the sunset clause, or

  • (c)

    the regulations otherwise permit the vendor to rescind the contract under the sunset clause.

(4)

It is a term of an off the plan contract that a vendor who is proposing to rescind the contract under a sunset clause must serve each purchaser under the contract notice in writing at least 28 days before the proposed rescission that specifies why the vendor is proposing to rescind the contract and the reason for the delay in creating the subject lot.

(5)

A sunset clause cannot automatically rescind an off the plan contract and, if it purports to do so, it is to be read as if it instead permits the contract to be rescinded on or after the sunset date in accordance with this section.

(6)

The Supreme Court may on the application of a vendor under an off the plan contract make an order permitting the vendor to rescind the contract under a sunset clause but only if the vendor satisfies the Court that making…

Continue reading Conveyancing Amendment (Sunset Clauses) Act 2015 (NSW)

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.