{"id":"a-2003-40","name":"Civil Law (Sale of Residential Property) Act 2003","slug":"civil-law-sale-of-residential-property-act-2003","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"40 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23201,"registerId":"act-a-2003-40-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Law (Sale of Residential Property) Act 2003","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCivil Law (Sale of Residential Property)\nAct 2003\nA2003-40\nRepublication No 32\nEffective: 1 November 2025\nRepublication date: 1 November 2025\nLast amendment made by A2025-22\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Civil Law (Sale of Residential Property) Act 2003 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n1 November 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 1 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCivil Law (Sale of Residential Property)\nAct 2003\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 2\nPart 2 Sale of residential property\n6 Application of pt 2 3\n7 Definitions for pt 2 4\n8 Meaning of residential property 5\n9 Meaning of required documents 6\n\nContents\nPage\ncontents 2 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9A Meaning of eligible impacted property and eligible impacted property\nbuyback program—pt 2 11\n10 Proposed contract etc to be available for inspection 13\n10A Certain documents etc to be available—sale of unit in retirement\nvillage 14\n11 Certain conditions to be included in contract 16\n12 Cooling-off period 19\n13 Buyer may waive cooling-off period 20\n14 Right to rescind during cooling-off period 21\n15 Consequences of rescission 21\n16 Effect on agent’s right to commission 22\n17 Certificate 22\n18 Buyer to reimburse seller for cost of certain reports 23\n19 Compensation to buyer for false report etc 23\nPart 2A Off-the-plan contracts\n19A Definitions—pt 2A 25\n19B Rescission under rescission provision 27\n19C Notice of intention to rescind under rescission provision 27\n19D Supreme Court may allow rescission 27\n19E No automatic rescission of off-the-plan contracts 29\n19F Review—pt 2A 30\nPart 3 Energy efficiency ratings\n20 Definitions for pt 3 31\n22 Energy efficiency rating—advertising 32\n23 Energy efficiency rating statement 33\nPart 3A Adaptable housing\n23B Adaptable housing—advertising 35\nPart 4 Public auctions of residential property\n24 Definitions for pt 4 36\n25 Bidders record 36\n26 Bidder’s name and address to be established by proof of identity 37\n27 Confidentiality of bidders record 38\n\nContents\nPage\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n28 Bids only to be taken from recorded bidders 38\n29 Dummy bidding prohibited 39\n30 Permissible seller bid 40\n31 Offences by auctioneers about bids 40\n31A Standard auction conditions 40\n32 Auction conditions to be available before auction begins 41\n33 Last seller bids must be identified if property passed in 41\n34 Disruption of auction prohibited 43\nPart 5 Miscellaneous\n35 Service on lawyer 44\n36 Operation of Act cannot be excluded etc 44\n37 Making false or misleading statements 44\n38 Giving false or misleading documents 45\n39 Approved forms 46\n40 Regulation-making power 47\nPart 9 Transitional—Civil Law (Sale of Residential\nProperty) Amendment Act 2021\n50 Existing off-the-plan contracts 48\n51 Expiry—pt 9 48\nDictionary 49\nEndnotes\n1 About the endnotes 53\n2 Abbreviation key 53\n3 Legislation history 54\n4 Amendment history 59\n5 Earlier republications 65\n6 Expired transitional or validating provisions 68\n\n\n\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCivil Law (Sale of Residential Property)\nAct 2003\nAn Act to make provision in relation to the sale of residential property, and for\nother purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Civil Law (Sale of Residential Property) Act 2003.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘units plan—see the Unit Titles\nAct 2001, section 7.’ means that the term ‘units plan’ is defined in that\nsection and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nSale of residential property Part 2\nSection 6\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Sale of residential property\n6 Application of pt 2\n(1) This part applies to a contract, or proposed contract, for the sale of\nresidential property.\n(2) However, this part does not apply to a contract, or proposed contract,\nfor the sale of residential property if—\n(a) the contract arises from the exercise of an option to buy the\nproperty and—\n(i) the option was contained in a will or sublease; or\n(ii) the period for exercise of the option was longer than\n60 days; or\n(b) the buyer is a related person of the seller.\n(3) Also, this part does not apply to a contract, or proposed contract, for\nthe sale of residential property—\n(a) if—\n(i) the property is an affected unit; and\n(ii) the Territory is buying the property under the buyback\nscheme; or\n(b) if—\n(i) the property is an eligible impacted property; and\n(ii) the Territory is buying the property under the eligible\nimpacted property buyback program.\n(4) In this section:\naffected unit means a unit that contains or has contained loose-fill\nasbestos insulation.\n\nPart 2 Sale of residential property\nSection 7\npage 4 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nbuyback scheme means the scheme involving the acquisition by the\nTerritory of residential premises that contain or have contained\nloose-fill asbestos insulation.\neligible impacted property—see section 9A (1).\neligible impacted property buyback program—see section 9A (1).\nloose-fill asbestos insulation—see the Dangerous Substances\nAct 2004, section 47I.\nrelated person—see the Duties Act 1999, section 77A (3).\n7 Definitions for pt 2\nIn this part:\nbuilding conveyancing inquiry documents, for a residence, means\nthe documents prescribed under the regulations for this definition.\nclass A unit means a class A unit under the Unit Titles Act 2001,\nsection 10.\nclass B unit means a class B unit under the Unit Titles Act 2001,\nsection 11.\nencumbrance, in relation to residential property proposed to be sold,\nincludes an unregistered or statutory encumbrance, but does not\ninclude an encumbrance that is to be released or discharged on or\nbefore completion of the sale.\nlease conveyancing inquiry documents, for a property, means the\ndocuments prescribed under the regulations for this definition.\nprospective buyer, of residential property, includes a prospective\ngrantee of an option to buy the property.\nrescission notice means a notice given under section 14 (Right to\nrescind during cooling-off period).\n\nSale of residential property Part 2\nSection 8\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nresidence means a building (or part of a building) used, or intended\nfor use, as a single dwelling, and includes any outbuildings or other\nstructures used in conjunction with the building or part.\nseller, of residential property, means a person who—\n(a) has a legal or equitable interest in the property that the person is\nentitled to sell; and\n(b) offers to sell, or invites an offer to buy, the interest.\nsublease—see the Planning Act 2023, section 256.\nunapproved structure means—\n(a) a structure—\n(i) the building of which contravened the Building Act 2004,\nor other territory law regulating building work, at the time\nit was built; or\n(ii) the use or occupancy of which contravenes the Building\nAct 2004; or\n(b) a structure—\n(i) the building of which required development approval\nunder the Planning Act 2023, or other territory law\nregulating development, at the time it was built; and\n(ii) that had no approval or, when built, did not comply with\nthe approval.\n8 Meaning of residential property\n(1) In this Act:\nresidential property is—\n(a) vacant land on which the construction of 1 or more residences is\npermitted under the territory lease relating to the land; or\n\nPart 2 Sale of residential property\nSection 9\npage 6 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) land on which there is (or there is under construction) 1 or 2\nresidences; or\n(c) a unit.\n(2) However, residential property does not include—\n(a) land or a unit with an area of more than 3 hectares; or\n(b) land or a unit if the purpose clause of the territory lease relating\nto the land or unit permits a use other than residential or rural\nresidential (except if the use is incidental to a residential or rural\nresidential use); or\n(c) a retirement village; or\n(d) an interest in a retirement village that is not—\n(i) a unit; or\n(ii) a lot in a community title scheme under the Community\nTitle Act 2001; or\n(e) land if the purpose clause of the territory lease relating to the\nland requires development of the land (a developer’s holding\nlease).\n9 Meaning of required documents\n(1) For this part, the required documents, in relation to a sale of\nresidential property, are a copy of the proposed contract for the sale\nof the property (other than the excluded particulars) including the\nfollowing documents:\n(a) a copy of the Crown lease;\n(b) a current certified extract from the land titles register showing\nall interests affecting the property;\n(c) a copy of the deposited plan;\n\nSale of residential property Part 2\nSection 9\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) a copy of any encumbrance that is shown in the land titles\nregister (for example, a restrictive covenant or an easement);\n(e) if there is an encumbrance that is not shown in the land titles\nregister—a statement about the encumbrance that complies with\nthe requirements (if any) prescribed under the regulations;\n(f) a copy of the lease conveyancing inquiry documents for the\nproperty;\n(g) for a unit, a copy of—\n(i) if there is a registered units plan—\n(A) the registered units plan; and\n(B) a unit title sale certificate for the unit dated not earlier\nthan 3 months before the day the property was first\nadvertised or offered for sale or listed by an agent; and\nNote A person who enters into a contract for sale of a unit\nmay ask the owners corporation for a unit title sale\nupdate certificate (see Unit Titles (Management)\nAct 2011, s 119 (1) (b)).\n(C) if the owners corporation for the units plan is a party\nto a building management statement under the Land\nTitles Act 1925, section 123E (1)—the building\nmanagement statement; and\n(D) if the land titles register includes 1 or more entries in\nrelation to alternative rules of the owners\ncorporation—a certified extract from the register of\nthe compilation of the alternative rules registered\nunder the Land Titles (Unit Titles) Act 1970,\nsection 27 or section 27A; and\n(ii) if there is no registered units plan—the disclosure\nstatement required under the Civil Law (Property)\nAct 2006, section 260; and\n\nPart 2 Sale of residential property\nSection 9\npage 8 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) a current certified extract from the land titles register\nshowing all interests affecting the common property; and\n(iv) if the unit is an adaptable housing dwelling—\nthe documents prescribed by regulation;\n(h) for each residence covered by the proposed contract, a copy of\neach of the following:\n(i) the building conveyancing inquiry documents for the\nresidence;\n(ii) the energy efficiency rating statement (if any) required\nunder section 23;\n(iii) a building and compliance inspection report from an\ninspection carried out not earlier than 3 months before the\nday the property was first advertised or offered for sale or\nlisted by an agent (and, if the seller has obtained 2 or more\nreports in the 6 months before that date, each report);\n(iv) if the residence has been occupied—a pest inspection\nreport from an inspection carried out not earlier than\n3 months before the day the property was first advertised\nor offered for sale or listed by an agent (and, if the seller\nhas obtained 2 or more reports in the 6 months before that\ndate, each report);\n(i) if there are premises covered by the proposed contract and there\nis a current asbestos assessment report for the premises (or some\nor all of them)—a copy of each current asbestos assessment\nreport;\n(j) if there are premises covered by the proposed contract, but there\nis no current asbestos assessment report for the premises (or any\nof them), or, if a current asbestos assessment report for the\npremises (or any of them) exists but the seller cannot, after\ntaking reasonable steps, find or get the report—an asbestos\nadvice;\n\nSale of residential property Part 2\nSection 9\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(k) if there is a regulated swimming pool on the premises covered\nby the proposed contract—the documents prescribed by\nregulation;\nNote For a unit, documents about a regulated swimming pool on\ncommon property of the units plan may also be required in the unit\ntitle sale certificate under par (g) (i) (B).\n(l) any other document prescribed by regulation.\n(2) However—\n(a) the building conveyancing inquiry documents and building and\ncompliance inspection report are not required for—\n(i) a class A unit; or\n(ii) a residence that has not previously been occupied or sold\nas a dwelling; or\n(iii) a residence that is to be erected or developed before\ncompletion of the sale; and\n(b) a document mentioned in subsection (1) (g) (iv) is not required\nfor a unit that is a residence mentioned in paragraph (a) (iii); and\n(c) a pest inspection report is not required for a class A unit; and\n(d) a document mentioned in subsection (1) is not required if the\nseller cannot obtain the document after taking all reasonable\nsteps to obtain it; and\n(e) for a sale of vacant land under a developer’s holding lease, the\nrequired documents are—\n(i) a copy of the holding lease; and\n(ii) a copy of the development conditions or, if they are not\nfinalised, the draft development conditions for the lease.\n\nPart 2 Sale of residential property\nSection 9\npage 10 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The statement and reports mentioned in subsection (1) (h) (iii)\nand (iv) must have been prepared by someone who—\n(a) is not—\n(i) a family member of the seller (or the seller’s agent or\nlawyer); or\n(ii) a member of a firm that the seller (or the seller’s agent or\nlawyer), or a family member of the seller (or the seller’s\nagent or lawyer), is a member of; or\n(iii) someone else carrying on a business if the seller (or the\nseller’s agent or lawyer), or a family member of the seller\n(or the seller’s agent or lawyer), has a direct or indirect\nright to participate in the profits of the business; and\n(b) has the professional indemnity insurance (if any) required by\nregulation.\n(4) In this section:\nalternative rules—see the Unit Titles (Management) Act 2011,\ndictionary.\nasbestos advice means an advice prepared under the Dangerous\nSubstances Act 2004, section 47M.\nasbestos assessment report, for premises—see the Dangerous\nSubstances Act 2004, section 47K.\ncurrent asbestos assessment report, for premises, means an asbestos\nassessment report for the premises if the premises have not been\nchanged, since the report was made, in a way that would affect the\naccuracy of the report.\n\nSale of residential property Part 2\nSection 9A\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nexcluded particulars, in relation to a proposed contract for the sale of\nresidential property, means—\n(a) the name and address of, and contact details for, the buyer; and\n(b) the name and address of, and contact details for, the buyer’s\nlawyer; and\n(c) the purchase price; and\n(d) the date of the contract; and\n(e) a description of any furnishings or goods to be included in the\nsale of the property.\nowners corporation, for a units plan—see the Unit Titles\n(Management) Act 2011, dictionary.\npremises includes land or a structure and any part of an area of land\nor a structure.\nregulated swimming pool—see the Building Act 2004,\nsection 83B (1).\n9A Meaning of eligible impacted property and eligible\nimpacted property buyback program—pt 2\n(1) In this part:\neligible impacted property means residential premises determined by\nthe Minister to be eligible to be purchased by the Territory under the\neligible impacted property buyback program.\neligible impacted property buyback program means the program\ninvolving the acquisition, by the Territory, of eligible impacted\nproperties.\n\nPart 2 Sale of residential property\nSection 9A\npage 12 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In making a determination under the definition of eligible impacted\nproperty in relation to residential premises, the Minister may consider\nthe following:\n(a) whether the residential premises are structurally dependent on\nthe affected residential premises;\n(b) whether—\n(i) the owner of the affected residential premises has agreed\nto surrender the lease on which the premises are located, or\nsell the premises, to the Territory under the buyback\nscheme; and\n(ii) if subparagraph (i) applies—the lease has been surrendered\nor the contract for the sale of the affected residential\npremises has been completed;\n(c) whether loose-fill asbestos insulation has been found in the\nresidential premises or whether migration pathways are\nidentified between the residential premises and the affected\nresidential premises;\nExamples—migration pathways\n• a shared cavity wall that loose-fill asbestos insulation could have fallen\ninto\n• a roof space that is continuous with the affected residential premises\n• a sub-floor that is continuous with the affected residential premises\n(d) whether the safe, efficient or practical demolition of the affected\nresidential premises will be adversely affected by a shared\nstructure or the location of the residential premises;\n(e) anything else the Minister considers relevant.\n(3) In this section:\naffected residential premises means residential premises that contain,\nor have contained, loose-fill asbestos insulation.\nbuyback scheme—see section 6 (4).\n\nSale of residential property Part 2\nSection 10\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nloose-fill asbestos insulation—see the Dangerous Substances\nAct 2004, section 47I.\nresidential premises means premises, or a part of premises, that are a\nclass 1 or class 2 building.\n10 Proposed contract etc to be available for inspection\n(1) A seller of residential property (other than a unit in a retirement\nvillage) commits an offence if all the required documents are not\navailable for inspection by a prospective buyer (or an agent for a\nprospective buyer) at all reasonable times when an offer to buy the\nproperty may be made to the seller.\nMaximum penalty: 10 penalty units.\n(2) Subsection (1) does not apply in relation to a failure by a seller to\nmake all the required documents available for inspection by a\nprospective buyer if—\n(a) the seller engaged a lawyer to prepare the proposed contract for\nthe sale of the property; and\n(b) the lawyer did not give the seller the required documents to\nwhich the failure relates; and\n(c) the seller believed on reasonable grounds that he or she had\nreceived all the required documents; and\n(d) the seller made all the required documents given to the seller by\nthe lawyer available for inspection in accordance with\nsubsection (1).\n(3) An offence against this section is a strict liability offence.\n\nPart 2 Sale of residential property\nSection 10A\npage 14 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10A Certain documents etc to be available—sale of unit in\nretirement village\n(1) A seller of a unit in a retirement village commits an offence if all the\ninitial required documents for the unit are not available for inspection\nby a prospective buyer (or an agent for a prospective buyer) at all\nreasonable times when an offer to buy the property may be made to\nthe seller.\nMaximum penalty: 10 penalty units.\n(2) A seller of a unit in a retirement village must make the later required\ndocuments available for inspection by a prospective buyer not later\nthan 14 days before the day the contract is made, unless the\nprospective buyer agrees otherwise.\n(3) However, if a prospective buyer asks, in writing, to inspect a later\nrequired document earlier than required under subsection (2), the\nseller must make the document available for inspection by the later\nof—\n(a) the day requested; and\n(b) 14 days after the request is made.\n(4) The seller of a unit in a retirement village commits an offence if the\nseller does not make a later required document available for\ninspection by a prospective buyer (or an agent of the prospective\nbuyer) in accordance with subsection (2) or (3).\nMaximum penalty: 10 penalty units.\n(5) Subsections (1) and (4) do not apply in relation to a failure by a seller\nto make the initial required documents and later required documents\n(the relevant required documents) available for inspection by a\nprospective buyer if—\n(a) the seller engaged a lawyer to prepare the proposed contract for\nthe sale of the property; and\n\nSale of residential property Part 2\nSection 10A\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the lawyer did not give the seller all the relevant required\ndocuments to which the failure relates; and\n(c) the seller believed on reasonable grounds that the seller had\nreceived all the relevant required documents; and\n(d) the seller made all the relevant required documents given to the\nseller by the lawyer available for inspection under\nsubsection (1), (2) or (3).\n(6) An offence against this section is a strict liability offence.\n(7) In this section:\ninitial required documents, for a unit in a retirement village, means\na copy of the following documents mentioned in section 9 (1):\n(a) paragraphs (a) to (c);\n(b) paragraph (e);\n(c) paragraph (g) (i) (A) and (ii);\n(d) paragraphs (i) and (j);\n(e) any other document prescribed by regulation.\nlater required documents, for a unit in a retirement village, means a\ncopy of—\n(a) the following documents mentioned in section 9 (1):\n(i) paragraph (d);\n(ii) paragraph (f);\n(iii) paragraph (g) (iii);\n(iv) paragraph (h) (i) and (ii); and\n(b) the unit title sale certificate for the unit dated not earlier than\n3 months before the day the contract for the sale of the unit is\nmade; and\n\nPart 2 Sale of residential property\nSection 11\npage 16 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) for the sale of a class B unit in a retirement village—\n(i) a building and compliance inspection report from an\ninspection carried out not earlier than 3 months before the\nday the contract for the sale of the unit is made; and\n(ii) if the unit has been occupied—a pest inspection report\nfrom an inspection carried out not earlier than 3 months\nbefore the day the contract for the sale of the unit is made;\nand\n(d) any other document prescribed by regulation.\n11 Certain conditions to be included in contract\n(1) A contract for the sale of residential property must include conditions\nto the following effect:\n(a) except as disclosed in the contract—\n(i) the property is sold free of encumbrances other than the\nencumbrances shown in the land titles register; and\n(ii) the buyer is entitled to vacant possession on completion of\nthe contract;\n(b) if, before completion of the contract, the buyer becomes aware\nof a breach of a condition mentioned in paragraph (a), the buyer\nmay—\n(i) rescind the contract; or\n(ii) complete the contract and claim damages;\n(c) except as disclosed in the contract, there are no unapproved\nstructures;\n\nSale of residential property Part 2\nSection 11\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) if, before completion of the contract, the buyer becomes aware\nof an unapproved structure that is not disclosed in the contract,\nthe buyer may—\n(i) ask the seller to arrange for the structure to be approved\nbefore completion of the contract; and\n(ii) if the structure is not approved before completion—rescind\nthe contract, or complete the contract and claim damages.\n(e) the buyer may not make any requisitions on the title to the\nproperty;\n(f) the seller warrants that, at the date the contract is made—\n(i) the seller will, at the time of completion, be able to\ncomplete the contract; and\n(ii) the seller has no knowledge of any unsatisfied judgments,\norders or writs affecting the property; and\n(iii) the seller has no knowledge of any current or threatened\nclaims, notices or proceedings that may lead to a judgment,\norder or writ affecting the property;\n(g) the seller warrants that, at the date the contract is completed—\n(i) the seller will be, or will be able to be, the registered\nproprietor of the territory lease relating to the property\n(if any); and\n(ii) there are no unsatisfied judgments, orders or writs affecting\nthe property; and\n(iii) the seller has no knowledge of any current or threatened\nclaims, notices or proceedings that may lead to a judgment,\norder or writ affecting the property;\n\nPart 2 Sale of residential property\nSection 11\npage 18 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(h) if, before completion of the contract, the buyer becomes aware\nof an error in the description of the property the buyer may—\n(i) ask the seller to arrange for the error to be corrected before\ncompletion of the contract; and\n(ii) if the error is not corrected before completion—\n(A) for an error that is material—rescind the contract, or\ncomplete the contract and claim damages; and\n(B) for an error that is not material—complete the\ncontract and claim damages;\n(i) the following required documents for the sale form part of the\ncontract:\n(i) for the sale of a unit in a retirement village—the initial\nrequired documents and the later required documents\nmentioned in section 10A (7);\n(ii) in any other case—the required documents mentioned in\nsection 9 (1) (a) to (l).\n(2) However, the conditions mentioned in subsection (1) (f) (ii) and (iii)\nand (g) (i), (ii) and (iii) are not required to be included in a contract if\nthe property is being sold—\n(a) by a mortgagee in possession of the property, or exercising a\npower of sale; or\n(b) by a registered or official trustee, or the official receiver, under\nthe Bankruptcy Act 1966 (Cwlth); or\n(c) under a court order.\n\nSale of residential property Part 2\nSection 12\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Also, the condition mentioned in subsection (1) (h) is not required to\nbe included in a contract if the contract is for the sale of a unit in a\nunits plan before the units plan is registered.\nNote The Civil Law (Property) Act 2006, division 2.9.3 incorporates a number\nof implied warranties into a contract for the sale of a unit in a units plan\nbefore the units plan is registered.\n(4) If a contract for the sale of residential property is entered into and the\ncontract does not include a condition required under subsection (1) to\nbe included in the contract, the condition is taken to be included in\nthe contract.\n12 Cooling-off period\n(1) There is a cooling-off period for every contract for the sale of\nresidential property during which the buyer may exercise the right\nunder section 14 to give a rescission notice.\n(2) However, there is no cooling-off period for a contract for the sale of\nresidential property if—\n(a) the buyer is a corporation; or\n(b) the property is sold by tender; or\n(c) the property is sold by auction; or\n(d) the contract is made on the same day as the property was offered\nfor sale by auction but passed in, and the buyer was recorded in\nthe bidders record at the auction as—\n(i) a bidder; or\n(ii) a person for whom a bidder was bidding; or\n(e) the buyer waives the cooling-off period under section 13.\n(3) The cooling-off period begins when the contract is made and ends\nat 5 pm on the 5th working day after the day the cooling-off period\nbegins.\n\nPart 2 Sale of residential property\nSection 13\npage 20 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The cooling-off period may be extended or shortened—\n(a) by a provision in the contract; or\n(b) by a separate written agreement between the parties before, at or\nafter the time the contract is made (but before the end of the\ncooling-off period).\n(5) However, a provision or agreement shortening the cooling-off period\ndoes not take effect until—\n(a) the buyer receives legal advice from a lawyer in relation to the\nshortening of the cooling-off period; and\n(b) the lawyer signs a certificate that complies with section 17 to\nthat effect; and\n(c) the buyer gives a copy of the certificate to the seller.\n13 Buyer may waive cooling-off period\nThe buyer under a contract for sale of residential property may waive\nthe cooling-off period for the contract if, before entering into the\ncontract—\n(a) the buyer receives legal advice from a lawyer in relation to the\neffect of the cooling-off period; and\n(b) the lawyer signs a certificate that complies with section 17 to\nthat effect; and\n(c) the buyer gives a copy of the certificate to the seller.\n\nSale of residential property Part 2\nSection 14\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Right to rescind during cooling-off period\n(1) The buyer under a contract for the sale of residential property may\ngive the seller a written notice (a rescission notice) to the effect that\nthe buyer rescinds the contract.\nNote 1 If a form is approved under s 39 for a rescission notice, the form must be\nused.\nNote 2 For how documents may be served, see the Legislation Act, pt 19.5.\n(2) The rescission notice may only be given during the cooling-off\nperiod, but is ineffective if given after completion of the contract.\n(3) The rescission notice must be signed by the buyer or his or her lawyer.\n(4) If the question whether a rescission notice has been given arises in a\nlegal proceeding, the burden of proving the giving of the notice is on\nthe buyer.\n15 Consequences of rescission\n(1) If a rescission notice is given for a contract for the sale of residential\nproperty in accordance with section 14, the contract is taken to be\nrescinded from the time it was entered into subject to the rights and\nobligations set out in subsections (2) to (7).\n(2) The buyer forfeits 0.25% of the purchase price of the property to the\nseller.\n(3) The amount forfeited may be recovered from any deposit paid under\nthe contract.\n(4) If the deposit is insufficient, the balance of the amount forfeited may\nbe recovered from the buyer as a debt.\n(5) The balance of the deposit remaining after deduction of any amount\nforfeited must be paid to the buyer.\n(6) An amount payable to the buyer under subsection (5) may be\nrecovered from the seller as a debt.\n\nPart 2 Sale of residential property\nSection 16\npage 22 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(7) The buyer and seller are not liable to pay any other amounts for\ndamages, costs or expenses.\nNote See the Duties Act 1999, s 50 in relation to any liability for duty payable\nin relation to the contract.\n16 Effect on agent’s right to commission\nAn agent is not entitled to any commission or expenses from a seller\nin relation to a contract that is rescinded under—\n(a) a condition mentioned in section 11 (Certain conditions to be\nincluded in contract); or\n(b) section 14 (Right to rescind during cooling-off period).\n17 Certificate\nA certificate mentioned in section 12 (5) (Cooling-off period) or\nsection 13 (Buyer may waive cooling-off period) complies with this\nsection if it—\n(a) is in writing; and\n(b) is signed by a lawyer who is not—\n(i) acting for the seller; or\n(ii) a member or employee of a firm of which the lawyer acting\nfor the seller is a member or employee; and\n(c) indicates whether it is given for section12 (5) or section 13; and\n(d) states the names of the parties to the contract and details of the\nresidential property the subject of the contract; and\n(e) contains a statement to the effect that the lawyer explained to the\nbuyer—\n(i) the nature of the certificate; and\n(ii) the effect of giving the certificate to the seller.\n\nSale of residential property Part 2\nSection 18\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n18 Buyer to reimburse seller for cost of certain reports\n(1) On completion of a contract for the sale of residential property, the\nseller is entitled to reimbursement from the buyer for the cost of\nobtaining the following reports for the contract:\n(a) a building and compliance inspection report required under\nsection 9 (1) (h) (iii) or section 10A (or, if the seller obtained\nmore than 1 report, the first report);\n(b) a pest inspection report required under section 9 (1) (h) (iv) or\nsection 10A (or, if the seller obtained more than 1 report, the\nfirst report).\n(2) In this section:\ncost, of a report, does not include any amount paid for an additional\nservice in relation to the report.\nExample\nA seller pays an amount additional to the ordinary cost of obtaining an inspection\nreport to obtain the report within a shorter than usual period. The buyer is not liable\nto reimburse the seller the additional amount.\n19 Compensation to buyer for false report etc\n(1) This section applies if—\n(a) a person buys residential property under a contract; and\n(b) a statement or report mentioned in section 9 (1) (h) (ii), (iii)\nor (iv) or in section 10A (7), definition of later required\ndocuments, paragraph (a) (iv), (c) (i) or (ii), is made available\nto the buyer; and\n(c) the statement or report is false or misleading in a material\nparticular or is otherwise prepared without the exercise of\nreasonable skill and care; and\n(d) because of that, the buyer incurs loss or expense.\n\nPart 2 Sale of residential property\nSection 19\npage 24 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The person who prepared the statement or report is liable to\ncompensate the buyer for the loss or expense.\n\nOff-the-plan contracts Part 2A\nSection 19A\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2A Off-the-plan contracts\n19A Definitions—pt 2A\n(1) In this part:\ndelay event, in relation to an off-the-plan contract—\n(a) means any event delaying or preventing completion of the\ncontract including—\n(i) an event delaying or preventing the construction of a\nbuilding or other related works; and\n(ii) a delay in obtaining any approval, registration, permission,\nexemption, insurance or any other thing necessary for\ncompletion of the contract; but\n(b) does not include—\n(i) an event delaying or preventing completion of the contract\nthat the buyer has caused or substantially contributed to;\nand\n(ii) an event prescribed by regulation.\noff-the-plan contract means a contract for the sale of—\n(a) a unit for residential use before the units plan for the unit is\nregistered; or\n(b) a residence (other than a unit) on land identified in the contract\nbefore the certificate of occupancy for the residence is issued; or\n(c) vacant land for residential use identified in the contract before\nthe Crown lease for the land is registered.\n\nPart 2A Off-the-plan contracts\nSection 19A\npage 26 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nrescission provision, in an off-the-plan contract, means a provision\nthat allows the contract to be rescinded—\n(a) if a sunset event stated in the contract does not happen before\nthe sunset date for the event; or\n(b) if a delay event stated in the contract happens; or\n(c) for any other reason prescribed by regulation.\nsunset date, in relation to a sunset event in an off-the-plan contract,\nmeans a date, or period in which, the sunset event must happen.\nsunset event, in relation to an off-the-plan contract, means—\n(a) for the sale of a unit for residential use—the registration of the\nunits plan for the unit; or\n(b) for the sale of a residence—the issue of a certificate of\noccupancy for the residence; or\n(c) for the sale of vacant land for residential use—the registration\nof the Crown lease for the land; or\n(d) the issue of a certificate of occupancy in relation to the unit; or\n(e) the issue of a certificate of compliance for the Crown lease for\nthe unit or land; or\n(f) an event prescribed by regulation.\n(2) In this section:\ncertificate of compliance—see the Planning Act 2023, dictionary.\ncertificate of occupancy—see the Building Act 2004, dictionary.\nregistered means registered with the registrar-general under the—\n(a) Land Titles Act 1925; or\n(b) Land Titles (Unit Titles) Act 1970.\n\nOff-the-plan contracts Part 2A\nSection 19B\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19B Rescission under rescission provision\nA seller under an off-the-plan contract containing a rescission\nprovision may only rescind the contract under the provision if—\n(a) each buyer under the contract, after being given a notice under\nsection 19C, consents in writing to the rescission; or\n(b) the Supreme Court has made an order under section 19D\nallowing the seller to rescind the contract under the provision;\nor\n(c) a circumstance prescribed by regulation applies.\n19C Notice of intention to rescind under rescission provision\n(1) A seller under an off-the-plan contract proposing to rescind the\ncontract under a rescission provision must give each buyer under the\ncontract written notice at least 28 days before the day of the proposed\nrescission.\n(2) The written notice must state the following:\n(a) the reason for the seller’s proposed rescission of the contract;\n(b) a statement to the effect that the buyer may, but need not,\nconsent to the proposed rescission;\n(c) a statement explaining the effect of section 19B and\nsection 19D (4).\n19D Supreme Court may allow rescission\n(1) A seller under an off-the-plan contract containing a rescission\nprovision may apply to the Supreme Court for an order allowing the\nseller to rescind the contract under the provision.\n(2) The Supreme Court must not make the order unless the seller satisfies\nthe court that it is just and equitable to make the order.\n\nPart 2A Off-the-plan contracts\nSection 19D\npage 28 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In deciding whether it is just and equitable to make the order, the\nSupreme Court must take into account the following:\n(a) the terms of the off-the-plan contract, including whether a term\nis intended to avoid the operation of this part;\n(b) whether the seller has acted unreasonably or in bad faith;\n(c) whether factors beyond the seller’s reasonable control have\naffected the seller’s ability to complete the contract or the\nviability of the seller’s business;\n(d) what reasonable actions the seller has taken to—\n(i) avoid a rescission event; or\n(ii) if a rescission event has happened—minimise the effect of\nthe event on the seller’s ability to complete the contract;\n(e) whether there is a reasonable prospect of the seller completing\nthe contract;\n(f) whether the unit or land the subject of the contract has increased\nin value;\n(g) the effect of the rescission on the buyer;\n(h) whether the buyer has been performing their obligations under\nthe contract;\n(i) the effect of completing the contract on the seller;\n(j) any other matter that the court considers relevant;\n(k) any other matter prescribed by regulation.\nExamples—par (c)\n1 disruption to supply of building materials\n2 significant increase in cost of goods and services\n3 inability to obtain or retain finance for the development\n\nOff-the-plan contracts Part 2A\nSection 19E\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 changes in the law affecting the development, building standards etc\n5 imposition of conditions on development approval that require major changes\nto the development\nExample—par (e)\nthe extent to which a development has been completed\nExample—par (g)\nthe ability of the buyer to enter the housing market after rescission of the contract\n(4) The seller must pay the costs of the buyer in relation to a proceeding\nfor the order unless the seller satisfies the Supreme Court that the\nbuyer unreasonably withheld consent to the rescission of the\noff-the-plan contract under the rescission provision.\n(5) The Supreme Court may, in dealing with an application made under\nthis section, make any other order, including an order for damages,\nthat the court thinks fit.\n(6) In this section:\nrescission event means—\n(a) a delay event; or\n(b) an event prescribed by regulation under section 19A (1),\ndefinition of rescission provision, paragraph (c).\n19E No automatic rescission of off-the-plan contracts\n(1) A rescission provision in an off-the-plan contract—\n(a) does not automatically rescind the contract on an event allowing\nthe contract to be rescinded happening; and\n(b) only operates to allow the contract to be rescinded by the seller\nunder the contract in accordance with this part.\n(2) This section does not affect any right that a buyer under an\noff-the-plan contract may have to rescind the contract.\n\nPart 2A Off-the-plan contracts\nSection 19F\npage 30 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19F Review—pt 2A\n(1) The Minister must review the operation of this part as soon as\npracticable after the end of its 2nd year of operation.\n(2) The Minister must present a report of the review to the Legislative\nAssembly within 6 months after the day the review is started.\n(3) This section expires 5 years after the day this part commences.\n\nEnergy efficiency ratings Part 3\nSection 20\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Energy efficiency ratings\n20 Definitions for pt 3\nIn this part:\nenergy efficiency rating means the energy efficiency rating contained\nin an energy efficiency rating statement.\nenergy efficiency rating statement—see the Construction\nOccupations (Licensing) Act 2004, section 123AC.\nmobile home means a dwelling (whether or not on wheels) that can\nbe transferred from place to place and re-erected.\npremises means premises that may lawfully be used for residential\npurposes, but does not include any of the following:\n(a) a caravan or mobile home;\n(b) a hotel or motel;\n(c) premises used for the purposes of a club;\n(d) premises on the campus of an educational institution;\n(e) a retirement village;\n(f) an interest in a retirement village that is not—\n(i) a unit; or\n(ii) a lot in a community title scheme under the Community\nTitle Act 2001;\n(g) a residential care home that is provided by a registered provider\nunder the Aged Care Act 2024 (Cwlth);\n(h) premises in relation to which approval has been given under the\nPlanning Act 2023, chapter 7 for a development involving the\ndemolition of the premises;\n\nPart 3 Energy efficiency ratings\nSection 22\npage 32 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(i) premises in relation to which demolition is exempt from\nrequiring development approval under the Planning (Exempt\nDevelopment) Regulation 2023, schedule 1, section 1.132;\n(j) premises in relation to which a controlled activity order has been\nmade under the Planning Act 2023, part 12.3 directing the\ndemolition of the premises;\n(k) premises in relation to which a notice requiring that they be\ndemolished has been given under the Building Act 2004,\nsection 62;\n(l) premises in relation to which a demolition order has been issued\nunder the Building Act 2004, section 63A;\n(m) premises prescribed under the regulations.\n22 Energy efficiency rating—advertising\n(1) A person commits an offence if—\n(a) the person publishes an advertisement for the sale of premises;\nand\n(b) the advertisement does not contain a statement of the energy\nefficiency rating of the habitable part of the premises.\nMaximum penalty: 5 penalty units.\n(2) An offence against subsection (1) is a strict liability offence.\n(3) A person commits an offence if—\n(a) the person publishes an advertisement for the sale of premises;\nand\n(b) the advertisement includes a statement of the energy efficiency\nrating of the habitable part of the premises; and\n\nEnergy efficiency ratings Part 3\nSection 23\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the statement is false or misleading.\nMaximum penalty: 5 penalty units.\n(4) Subsection (3) (c) does not apply if the statement is not false or\nmisleading in a material particular.\n(5) An offence against subsection (3) is a strict liability offence.\n23 Energy efficiency rating statement\n(1) Before entering into a contract for the sale of premises, the seller must\ngive the prospective buyer—\n(a) a copy of an energy efficiency rating statement for the habitable\npart of the premises; or\n(b) a copy of a new energy efficiency rating statement for the\nhabitable part of the premises if—\n(i) building work has been carried out on the premises that\naffects the energy efficiency rating of the habitable part of\nthe premises; and\n(ii) before that building work was carried out, an energy\nefficiency rating statement had been prepared for the\nhabitable part of the premises.\n(2) On receiving a copy of an energy efficiency rating statement under\nsubsection (1), a prospective buyer must certify in writing that he or\nshe has received it.\n(3) If the seller fails to comply with subsection (1), the seller is liable to\npay to the buyer an amount equal to 0.5% of the purchase price of the\npremises.\n(4) The seller is taken to have complied with subsection (1) if an energy\nefficiency rating statement under subsection (1) (a) or (b) and the\ncertificate under subsection (2) form part of the contract for sale.\n\nPart 3 Energy efficiency ratings\nSection 23\npage 34 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) This section does not apply to a contract for the sale of residential\nproperty mentioned in section 6 (3) (Application of pt 2).\n(6) In this section:\nbuilding work—see the Building Act 2004, section 6.\nenergy efficiency rating statement means an energy efficiency rating\nstatement that is not false or misleading in a material particular.\n\nAdaptable housing Part 3A\nSection 23B\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3A Adaptable housing\n23B Adaptable housing—advertising\n(1) A person commits an offence if—\n(a) the person publishes an advertisement for the sale of premises;\nand\n(b) the premises are an adaptable housing dwelling; and\n(c) the advertisement does not contain a statement that the premises\nare an adaptable housing dwelling.\nMaximum penalty: 5 penalty units.\n(2) An offence against subsection (1) is a strict liability offence.\n(3) In this section:\npremises—see section 20.\n\nPart 4 Public auctions of residential property\nSection 24\npage 36 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Public auctions of residential\nproperty\n24 Definitions for pt 4\nIn this part:\nbidder number—see section 25 (2) (e).\nbidders record—see section 25 (1).\nproof of identity means—\n(a) an Australian driver licence; or\n(b) an Australian passport; or\n(c) another proof of identity prescribed under the regulations.\npublic auction means an auction that has been publicly advertised.\nresidential property—see section 8.\nseller, of residential property—see section 7.\n25 Bidders record\n(1) Before residential property is offered for sale at a public auction, the\nseller’s agent must make a record (a bidders record) of the people\nwho can bid at the auction.\n(2) The bidders record must contain the following information for each\nperson who can bid at the auction:\n(a) the person’s name and address;\n(b) the details prescribed under the regulations about the proof of\nidentity for the person sighted by the agent;\n(c) whether the person is bidding for himself or herself or for\nsomeone else;\n\nPublic auctions of residential property Part 4\nSection 26\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) if the person is bidding for someone else (the principal)—the\nname and address of the principal; and\n(e) an identifying number (the bidder number) given to the person\nfor the auction by the agent;\n(f) the other information (if any) prescribed under the regulations.\n(3) The agent must keep the bidders record for 3 years.\n(4) The regulations may make provision in relation to bidders records,\nincluding—\n(a) entitling a seller of residential property to inspect the bidders\nrecord for the sale; and\n(b) how a bidders record is to be made and kept.\n26 Bidder’s name and address to be established by proof of\nidentity\n(1) An agent commits an offence if the agent—\n(a) enters a person’s name and address in the bidders record for an\nauction as a person who is bidding for himself or herself; and\n(b) has not sighted proof of identity for the person.\nMaximum penalty: 50 penalty units.\n(2) An agent commits an offence if the agent—\n(a) enters a person’s name and address in the bidders record for an\nauction as a person (the principal) for whom someone else is\nbidding; and\n(b) has not sighted a written authority for the other person to bid for\nthe principal that states the principal’s name and address.\nMaximum penalty: 50 penalty units.\n(3) An offence against this section is a strict liability offence.\n\nPart 4 Public auctions of residential property\nSection 27\npage 38 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) An agent must not enter any details of a person in a bidders record if\nthe agent knows, or is reckless about whether, the details are false.\nMaximum penalty: 50 penalty units.\n(5) Subsection (4) does not apply if the details are not false in a material\nparticular.\n27 Confidentiality of bidders record\n(1) An agent who makes a bidders record commits an offence if the\nagent—\n(a) discloses information contained in the bidders record; or\n(b) uses the bidders record, or information contained in it, for a\npurpose not related to the auction.\nMaximum penalty: 50 penalty units.\n(2) Subsection (1) (a) does not apply to a disclosure that is authorised or\nrequired under this Act or another Territory law.\n(3) An offence against this section is a strict liability offence.\n28 Bids only to be taken from recorded bidders\n(1) The auctioneer at a sale of residential property by public auction\ncommits an offence if the auctioneer—\n(a) takes a bid from a person who is not displaying the person’s\nbidder number for the auction; or\n(b) takes a bid from a person and does not audibly acknowledge the\nperson’s bidder number for the auction when taking the bid.\nMaximum penalty: 50 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) An auctioneer who refuses to take a bid from a person because of this\nsection does not incur a liability to anyone because of the refusal.\n\nPublic auctions of residential property Part 4\nSection 29\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The taking of a bid in contravention of this section does not affect the\nvalidity of the bid (or its taking or acceptance) and the bid (and its\ntaking or acceptance) are as valid for all purposes as if this section\nhad not been enacted.\n29 Dummy bidding prohibited\n(1) A seller of residential property must not—\n(a) make a bid at a public auction of the property; or\n(b) arrange for someone else to make a bid for the seller at a public\nauction of the property.\nMaximum penalty: 100 penalty units.\n(2) A person must not make a bid for the seller of residential property at\na public auction of the property.\nMaximum penalty: 100 penalty units.\n(3) An offence against this section is a strict liability offence.\n(4) Subsections (1) and (2) do not apply to a bid made in accordance with\nsection 30.\n(5) For subsection (2)—\n(a) a bid may be found to have been made for a seller even though\nit was not made at the request of, or with the knowledge of, the\nseller; and\n(b) evidence that, in making a bid, the bidder intended to benefit the\nseller is evidence that the bidder made the bid for the seller.\n(6) It does not matter that a person making a bid in contravention of this\nsection is not in the ACT or Australia when the bid is made.\n\nPart 4 Public auctions of residential property\nSection 30\npage 40 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n30 Permissible seller bid\n(1) The auctioneer of residential property at a public auction may make\n1 bid for the seller if—\n(a) the conditions of the auction permit the making of the bid; and\n(b) before bidding begins, the auctioneer orally declares at the\nauction that the conditions permit the making of the bid; and\n(c) immediately before or when making the bid, the auctioneer\nstates audibly to the bidders that the bid is being made for the\nseller (for example, by stating ‘seller bid’).\n(2) It is not sufficient compliance with the requirement under\nsubsection (1) (c) to identify a bid as a seller bid if the auctioneer only\nidentifies the seller by name without stating that the person named is\nthe seller.\n31 Offences by auctioneers about bids\n(1) The auctioneer of residential property at a public auction must not\naccept a bid at the auction if the auctioneer knows that the bid was\nmade by or for the seller of the property.\nMaximum penalty: 100 penalty units.\n(2) The auctioneer of residential property at a public auction must not\nacknowledge the making of a bid at the auction if no bid was made.\nMaximum penalty: 100 penalty units.\n(3) An offence against subsection (2) is a strict liability offence.\n31A Standard auction conditions\nA public auction of residential property must be conducted in\naccordance with the standard auction conditions prescribed under the\nregulations.\n\nPublic auctions of residential property Part 4\nSection 32\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n32 Auction conditions to be available before auction begins\n(1) The auctioneer of residential property at a public auction commits an\noffence if—\n(a) the auctioneer begins the auction; and\n(b) a copy of the conditions of the auction have not been displayed\nat the place of the auction for at least 30 minutes before the\nauction begins.\nMaximum penalty: 50 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) In this section:\nconditions, of an auction, means—\n(a) the standard auction conditions prescribed under section 31A;\nand\n(b) any other conditions (not inconsistent with the standard auction\nconditions) decided by the seller for the auction.\n33 Last seller bids must be identified if property passed in\n(1) This section applies if—\n(a) a public auction of residential property is held at which the\nproperty is not sold; and\n(b) the last bid made before the auction stopped was a bid made by\nthe auctioneer of the property for the seller of the property.\n(2) In marketing the residential property, the seller or an agent must not\nstate the amount of the last bid without also stating that it was a bid\nmade for the seller of the property.\nMaximum penalty: 100 penalty units.\n\nPart 4 Public auctions of residential property\nSection 33\npage 42 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A person who tells someone else the amount of the last bid to enable\nthe amount to be published must also tell the other person that the bid\nwas made for the seller of the property.\nMaximum penalty: 50 penalty units.\n(4) A publisher of property auction sales results must not publish the fact\nthat the residential property was passed in for the amount of the last\nbid without also stating that the bid was made for the seller of the\nproperty.\nMaximum penalty: 50 penalty units.\n(5) An offence against this section is a strict liability offence.\n(6) For subsection (2), a statement is made in marketing property if—\n(a) it is made in an advertisement about the property published by\nthe seller or an agent; or\n(b) it is made (whether orally or in writing) to a prospective buyer\nof the property.\n(7) Subsections (2) and (4) do not apply if the person making the\nstatement or publishing the amount—\n(a) was not present at the auction; and\n(b) relied on a statement made by a person who purported to know\nwhat happened at the auction.\n(8) It is sufficient compliance with subsections (2) and (4) if the amount\nis described as a ‘seller bid’.\n\nPublic auctions of residential property Part 4\nSection 34\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n34 Disruption of auction prohibited\n(1) This section applies to—\n(a) a person intending to make a bid at a public auction of residential\nproperty; and\n(b) a person acting for someone intending to make a bid at a public\nauction of residential property.\n(2) The person commits an offence if the person intentionally prevents\nsomeone else from bidding at the auction.\nMaximum penalty: 50 penalty units.\n\nPart 5 Miscellaneous\nSection 35\npage 44 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n35 Service on lawyer\nAny document that is authorised or required under this Act to be\nserved on a person (whether the word ‘serve’, ‘give’ or ‘tell’ or any\nother word is used) may be served on the person’s lawyer.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n36 Operation of Act cannot be excluded etc\n(1) A provision of a contract for the sale of residential property, or any\nother agreement or arrangement, is void if it would, apart from this\nsubsection, have the effect of excluding, changing or restricting the\noperation of this Act.\n(2) This Act does not affect any right or remedy available otherwise than\nunder this Act.\n37 Making false or misleading statements\n(1) A person commits an offence if—\n(a) the person makes a statement in a relevant document; and\n(b) the person does so knowing that the statement—\n(i) is false or misleading; or\n(ii) omits anything without which the statement is misleading.\nMaximum penalty: 100 penalty units.\n(2) Subsection (1) (b) (i) does not apply if the statement is not false or\nmisleading in a material particular.\n(3) Subsection (1) (b) (ii) does not apply if the omission does not make\nthe statement misleading in a material particular.\n\nMiscellaneous Part 5\nSection 38\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) A person commits an offence if—\n(a) the person makes a statement in a relevant document; and\n(b) the person is reckless about whether the statement—\n(i) is false or misleading; or\n(ii) omits anything without which the statement is misleading.\nMaximum penalty: 50 penalty units.\n(5) Subsection (4) (b) (i) does not apply if the statement is not false or\nmisleading in a material particular.\n(6) Subsection (4) (b) (ii) does not apply if the omission does not make\nthe statement misleading in a material particular.\n(7) In this section:\nrelevant document means—\n(a) an energy efficiency rating statement; or\n(b) a building and compliance inspection report; or\n(c) a pest inspection report.\n38 Giving false or misleading documents\n(1) A person commits an offence if—\n(a) the person gives a relevant document to someone else; and\n(b) the person does so knowing that the relevant document—\n(i) is false or misleading; or\n(ii) omits anything without which the document is misleading.\nMaximum penalty: 100 penalty units.\n(2) Subsection (1) (b) (i) does not apply if the document is not false or\nmisleading in a material particular.\n\nPart 5 Miscellaneous\nSection 39\npage 46 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Subsection (1) (b) (ii) does not apply if the omission does not make\nthe document misleading in a material particular.\n(4) Subsection (1) does not apply to a person who gives a document if\nthe document is accompanied by a signed statement—\n(a) stating that the document is, to the signing person’s knowledge,\nfalse or misleading in a material particular; and\n(b) setting out, or referring to, the material particular in which the\ndocument is, to the signing person’s knowledge, false or\nmisleading.\n(5) The statement under subsection (4) must be signed by—\n(a) the person; or\n(b) if the person who produces the document is a corporation—by\nan executive officer of the corporation.\n(6) In this section:\nrelevant document—see section 37.\n39 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\nNote For other provisions about forms, see the Legislation Act, s 255.\n(3) An approved form is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n\nMiscellaneous Part 5\nSection 40\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n40 Regulation-making power\n(1) The Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n(2) The regulations may create offences for contraventions of the\nregulations and fix maximum penalties of not more than 10 penalty\nunits for offences against the regulations.\n(3) The regulations may incorporate a law or instrument, or a provision\nof a law or instrument, as in force from time to time.\n(4) In this section:\nincorporate includes apply and adopt.\n\nPart 9 Transitional—Civil Law (Sale of Residential Property) Amendment Act\n2021\nSection 50\npage 48 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 9 Transitional—Civil Law (Sale of\nResidential Property)\nAmendment Act 2021\n50 Existing off-the-plan contracts\n(1) Part 2A applies to an off-the-plan contract in force immediately\nbefore the day part 2A commences.\n(2) In this section:\noff-the-plan contract—see section 19A (1).\n51 Expiry—pt 9\nThis part expires 5 years after the day it commences.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\nDictionary\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• Australian driver licence\n• corporation\n• domestic partner (see s 169 (1))\n• land titles register\n• lawyer\n• territory lease.\nadaptable housing dwelling means a dwelling prescribed by\nregulation.\nagent means—\n(a) a person who holds a licence under the Agents Act 2003 as a real\nestate agent; or\n(b) a person registered under that Act as an assistant real estate\nagent.\nbidder number, for part 4 (Public auctions of residential property)—\nsee section 25 (2) (e).\nbidders record—see section 25 (1).\nbuilding and compliance inspection report means a building and\ncompliance inspection report prescribed by regulation.\nbuilding conveyancing inquiry documents, for part 2 (Sale of\nresidential property)—see section 7.\nbuilding management statement—see the Land Titles Act 1925,\nsection 123C (1).\nclass A unit, for part 2 (Sale of residential property)—see section 7.\nclass B unit, for part 2 (Sale of residential property)—see section 7.\n\nDictionary\npage 50 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndelay event, in relation to an off-the-plan contract, for part 2A\n(Off-the-plan contracts)—see section 19A (1).\ndeveloper’s holding lease—see section 8 (2) (e).\neligible impacted property, for part 2 (Sale of residential property)—\nsee section 9A (1).\neligible impacted property buyback program, for part 2 (Sale of\nresidential property)—see section 9A (1).\nencumbrance, for part 2 (Sale of residential property)—see section 7.\nenergy efficiency rating, for part 3 (Energy efficiency ratings)—see\nsection 20.\nenergy efficiency rating statement, for part 3 (Energy efficiency\nratings)—see the Construction Occupations (Licensing) Act 2004,\nsection 123AC.\nfamily member, of a person, means—\n(a) the person’s domestic partner; or\n(b) the person’s parent or child; or\n(c) the person’s brother, sister, half-brother or half-sister; or\n(d) the parent or child of the person’s domestic partner.\nlease conveyancing inquiry documents, for part 2 (Sale of residential\nproperty)—see section 7.\nmobile home, for part 3 (Energy efficiency ratings)—see section 20.\noff-the-plan contract, for part 2A (Off-the-plan contracts)—see\nsection 19A (1).\npest inspection report means a pest inspection report prescribed by\nregulation.\npremises, for part 3 (Energy efficiency ratings)—see section 20.\nproof of identity, for part 4 (Public auctions of residential property)—\nsee section 24.\n\nDictionary\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nprospective buyer, for part 2 (Sale of residential property)—see\nsection 7.\npublic auction, for part 4 (Public auctions of residential property)—\nsee section 24.\npublish—something is published if it is—\n(a) included in a newspaper, periodical publication or other\npublication; or\n(b) publicly exhibited in, on, over or under a building, vehicle or\nplace (whether or not a public place and whether on land or\nwater), or in the air in view of people on a street or in a public\nplace; or\n(c) contained in a document given to someone or left on premises\nwhere someone lives or works; or\n(d) broadcast by radio or television; or\n(e) electronically disseminated in another way (for example by\ninclusion on a web site).\nrequired documents, for part 2 (Sale of residential property)—see\nsection 9.\nrescission notice, for part 2 (Sale of residential property)—see\nsection 7.\nrescission provision, in an off-the-plan contract, for part 2A\n(Off-the-plan contracts)—see section 19A (1).\nresidence, for part 2 (Sale of residential property)—see section 7.\nresidential property—see section 8.\nretirement village—see the Retirement Villages Act 2012, section 10.\nseller, of residential property, for—\n(a) part 2 (Sale of residential property)—see section 7; and\n(b) part 4 (Public auctions of residential property)—see section 7.\n\nDictionary\npage 52 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nsublease, for part 2 (Sale of residential property)—see the Planning\nAct 2023, section 256.\nsunset date, in relation to a sunset event in an off-the-plan contract,\nfor part 2A (Off-the-plan contracts)—see section 19A (1).\nsunset event, in relation to an off-the-plan contract, for part 2A\n(Off-the-plan contracts)—see section 19A (1).\nunapproved structure, for part 2 (Sale of residential property)—see\nsection 7.\nunit—see the Unit Titles Act 2001, section 9.\nunits plan—see the Unit Titles Act 2001, section 7.\nunit title sale certificate, for a unit—see the Unit Titles\n(Management) Act 2011, section 119 (1) (a).\n\nEndnotes\nAbout the endnotes 1\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 54 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nCivil Law (Sale of Residential Property) Act 2003 A2003-40\nnotified LR 8 September 2003\ns 1, s 2 commenced 8 September 2003 (LA s 75 (1))\nremainder commenced 1 July 2004 (s 2)\nas amended by\nConstruction Occupations Legislation Amendment Act 2004\nA2004-13 sch 2 pt 2.3\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.3 commenced 1 September 2004 (s 2 and see Construction\nOccupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)\nJustice and Community Safety Legislation Amendment Act 2004\n(No 2) A2004-32 pt 4\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\npt 4 commenced 1 July 2004 (s 2 (2))\nAsbestos Legislation Amendment Act 2006 A2006-16 sch 1 pt 1.3 (as\nam by A2006-24 s 4)\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 July 2006 (s 2 (1) as am by A2006-24 s 4)\nAsbestos Legislation Amendment Act 2006 (No 2) A2006-24\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nremainder commenced 19 May 2006 (s 2)\nNote This Act only amends the Asbestos Legislation Amendment\nAct 2006 A2006-16.\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.5\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.5 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\n\nEndnotes\nLegislation history 3\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJustice and Community Safety Legislation Amendment Act 2008\nA2008-7 sch 1 pt 1.4\nnotified LR 16 April 2008\ns 1, s 2 commenced 16 April 2008 (LA s 75 (1))\nsch 1 pt 1.4 commenced 7 May 2008 (s 2)\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.11\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.11 commenced 26 August 2008 (s 2)\nConstruction Occupations Legislation Amendment Act 2010 (No 2)\nA2010-32 pt 3\nnotified LR 1 September 2010\ns 1, s 2 commenced 1 September 2010 (LA s 75 (1))\ns 3 commenced 18 February 2011 (LA s 75AA)\npt 3 commenced 1 March 2011 (s 2 and LA s 79)\nFair Trading (Australian Consumer Law) Amendment Act 2010\nA2010-54 sch 3 pt 3.3\nnotified LR 16 December 2010\ns 1, s 2 commenced 16 December 2010 (LA s 75 (1))\nsch 3 pt 3.3 commenced 1 January 2011 (s 2 (1))\nStatute Law Amendment Act 2011 A2011-3 sch 3 pt 3.7\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 3 pt 3.7 commenced 1 March 2011 (s 2)\nUnit Titles (Management) Act 2011 A2011-41 sch 5 pt 5.3\nnotified LR 3 November 2011\ns 1, s 2 commenced 3 November 2011 (LA s 75 (1))\nsch 5 pt 5.3 commenced 30 March 2012 (s 2 and CN2012-6)\nJustice and Community Safety Legislation Amendment Act 2013\nA2013-7 sch 1 pt 1.3\nnotified LR 1 March 2013\ns 1, s 2 commenced 1 March 2013 (LA s 75 (1))\nsch 1 pt 1.3 commenced 4 March 2013 (s 2 and see Retirement\nVillages Act 2012 A2012-38, s 2 and LA s 79)\n\nEndnotes\n3 Legislation history\npage 56 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDangerous Substances (Loose-fill Asbestos Eradication) Legislation\nAmendment Act 2015 A2015-6 sch 1 pt 1.1\nnotified LR 31 March 2015\ns 1, s 2 commenced 31 March 2015 (LA s 75 (1))\nsch 1 pt 1.1 commenced 17 April 2015 (s 2 and CN2015-6)\nBuilding (Loose-fill Asbestos Eradication) Legislation Amendment\nAct 2015 A2015-42 pt 5\nnotified LR 5 November 2015\ns 1, s 2 commenced 5 November 2015 (LA s 75 (1))\npt 5 commenced 13 November 2015 (s 2 (1) and CN2015-21)\nJustice and Community Safety Legislation Amendment Act 2016\nA2016-37 sch 1 pt 1.3\nnotified LR 22 June 2016\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\nsch 1 pt 1.3 commenced 29 June 2016 (s 2)\nRevenue Legislation Amendment Act 2017 A2017-1 sch 1 pt 1.1\nnotified LR 22 February 2017\ns 1, s 2 commenced 22 February 2017 (LA s 75 (1))\nsch 1 pt 1.1 commenced 18 September 2017 (s 2 (1) and CN2017-5)\nRetirement Villages Legislation Amendment Act 2019 A2019-10 pt 2\nnotified LR 11 April 2019\ns 1, s 2 commenced 11 April 2019 (LA s 75 (1))\npt 2 commenced 1 July 2019 (s 2 (1) and CN2019-11)\nUnit Titles Legislation Amendment Act 2020 A2020-4 pt 3\nnotified LR 27 February 2020\ns 1, s 2 commenced 27 February (LA s 75 (1))\npt 3 commenced 1 November 2020 (s 2 (1) and CN2020-11)\nLand Titles (Electronic Conveyancing) Legislation Amendment\nAct 2020 A2020-16 sch 1 pt 1.5\nnotified LR 13 May 2020\ns 1, s 2 commenced 13 May 2020 (LA s 75 (1))\nsch 1 pt 1.5 commenced 1 June 2020 (s 2 and see Electronic\nConveyancing National Law (ACT) Act 2020 A2020-15 s 2)\n\nEndnotes\nLegislation history 3\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLoose-fill Asbestos Legislation Amendment Act 2020 A2020-20 sch 1\npt 1.2\nnotified LR 27 May 2020\ns 1, s 2 commenced 27 May 2020 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 July 2020 (s 2)\nJustice Legislation Amendment Act 2020 A2020-42 pt 4\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 4 commenced 1 November 2020 (s 2 (3) and see Unit Titles\nLegislation Amendment Act 2020 A2020-4, s 2 (1) and CN2020-11)\nPlanning and Unit Titles Legislation Amendment Act 2021 A2021-5\npt 4\nnotified LR 8 April 2021\ns 1, s 2 commenced 8 April 2021 (LA s 75 (1))\npt 4 commenced 9 April 2021 (s 2)\nLoose-fill Asbestos Legislation Amendment Act 2021 A2021-16 pt 2\nnotified LR 1 July 2021\ns 1, s 2 commenced 1 July 2021 (LA s 75 (1))\npt 2 commenced 18 August 2021 (s 2)\nPlanning and Unit Titles Legislation Amendment Act 2021 (No 2)\nA2021-25 sch 1 pt 1.2\nnotified LR 17 November 2021\ns 1, s 2 commenced 17 November 2021 (LA s 75 (1))\nsch 1 pt 1.2 commenced 18 November 2021 (s 2)\nCivil Law (Sale of Residential Property) Amendment Act 2021\nA2021-32\nnotified LR 10 December 2021\ns 1, s 2 taken to have commenced 9 November 2021 (LA s 75 (2))\nremainder taken to have commenced 9 November 2021 (s 2)\nFair Trading and Other Justice Legislation Amendment Act 2022\nA2022-8 sch 1 pt 1.2\nnotified LR 11 May 2022\ns 1, s 2 commenced 11 May 2022 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 July 2022 (s 2 (2))\n\nEndnotes\n3 Legislation history\npage 58 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRevenue Legislation Amendment Act 2023 A2023-6 sch 1 pt 1.1\nnotified LR 11 April 2023\ns 1, s 2 commenced 11 April 2023 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 October 2023 (s 2 (3) and see CN2023-8)\nUnit Titles Legislation Amendment Act 2023 A2023-24 pt 2\nnotified LR 23 June 2023\ns 1, s 2 commenced 23 June 2023 (LA s 75 (1))\npt 2 commenced 1 July 2023 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.10\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.10 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nBuilding (Swimming Pool Safety) Legislation Amendment Act 2023\nA2023-46 pt 4\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\npt 4 commenced 1 May 2024 (s 2 (1))\nHousing and Consumer Affairs Legislation Amendment Act 2024\nA2024-29 sch 1 pt 1.3\nnotified LR 9 July 2024\ns 1, s 2 taken to have commenced 1 July 2024 (LA s 75 (2))\nsch 1 pt 1.3 commenced 16 July 2024 (s 2 (1))\nProperty Developers Act 2024 A2024-36 sch 2 pt 2.4\nnotified LR 10 July 2024\ns 1, s 2 commenced 10 July 2024 (LA s 75 (1))\nsch 2 pt 2.4 awaiting commencement\nJustice and Community Safety Legislation Amendment\nAct 2025 (No 3) A2025-22 pt 2 and sch 1 pt 1.1\nnotified LR 12 September 2025\ns 1, s 2 commenced 12 September 2025 (LA s 75 (1))\npt 2 commenced 13 September 2025 (s 2 (1))\nsch 1 pt 1.1 commenced 1 November 2025 (s 2 (3) (a) and see Aged\nCare Act 2024 (Cwlth) s 7)\n\nEndnotes\nAmendment history 4\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 59\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nDictionary\ns 3 am A2023-6 amdt 1.1\nApplication of pt 2\ns 6 am A2015–6 amdt 1.1; A2015-42 s 18, s 19; A2020-20\namdt 1.4; A2021-16 s 4; A2023-6 amdt 1.2\nDefinitions for pt 2\ns 7 def building and compliance inspection report ins\nA2004-32 s 13\nom A2011-3 amdt 3.84\ndef building inspection report om A2004-32 s 14\ndef encumbrance sub A2004-32 s 15\ndef lease om A2007-25 amdt 1.15\ndef pest inspection report om A2011-3 amdt 3.84\ndef pest treatment certificate om A2004-32 s 16\ndef seller am A2004-32 s 17\ndef sublease sub A2007-25 amdt 1.16; A2023-36 amdt 1.71\ndef unapproved structure sub A2004-13 amdt 2.10;\nA2007-25 amdt 1.17\nam A2023-36 amdt 1.72\ndef unit om A2021-32 s 4\ndef units plan ins A2019-10 s 4\nom A2021-32 s 4\nMeaning of residential property\ns 8 am A2004-32 s 18, s 19; pars renum R1 LA (see A2004-32\ns 20); A2007-25 amdts 1.18-1.20; A2010-54 amdt 3.7;\nA2013-7 amdt 1.4; pars renum R12 LA\nMeaning of required documents\ns 9 am A2004-32 ss 21-28, ss 30-34; pars renum R1 LA (see\nA2004-32 s 29); A2006-16 amdts 1.24-1.26; A2010-32 s 10;\nA2016-37 amdt 1.9; A2020-16 amdts 1.13-1.15; A2020-20\namdt 1.5; A2020-4 ss 22-26; pars renum R21 LA; A2020-42\ns 11; A2021-5 s 11, s 12; A2021-25 amdt 1.2; A2021-32 s 5,\ns 6; A2023-24 s 4, s 5; A2023-46 s 26, s 27; pars renum\nR29 LA; A2024-29 amdt 1.5, amdt 1.6; A2025-22 s 4\nMeaning of eligible impacted property and eligible impacted property\nbuyback program—pt 2\ns 9A ins A2015-42 s 20\nam A2020-20 amdt 1.6\n\nEndnotes\n4 Amendment history\npage 60 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nProposed contract etc to be available for inspection\ns 10 am A2004-32 s 35\nsub A2008-7 amdt 1.22\nam A2019-10 s 5\nCertain documents etc to be available—sale of unit in retirement village\ns 10A ins A2019-10 s 6\nam A2021-5 s 13; A2024-29 amdt 1.7\nCertain conditions to be included in contract\ns 11 am A2004-32 ss 36-44; A2006-16 amdt 1.27; A2007-25\namdt 1.21; A2019-10 s 7; A2020-16 amdt 1.16; A2020-4\ns 27; ss renum R21 LA\nBuyer may waive cooling-off period\ns 13 am A2004-32 s 45\nConsequences of rescission\ns 15 am A2017-1 amdt 1.1\nBuyer to reimburse seller for cost of certain reports\ns 18 am A2004-32 s 46; A2008-7 amdt 1.23; A2016-37 amdt 1.10;\nA2019-10 s 8\nCompensation to buyer for false report etc\ns 19 am A2008-28 amdt 3.41; A2019-10 s 9\nOff-the-plan contracts\npt 2A hdg ins A2021-32 s 7\nDefinitions—pt 2A\ns 19A ins A2021-32 s 7\nam A2023-36 amdt 1.73\ndef delay event ins A2021-32 s 7\ndef off-the-plan contract ins A2021-32 s 7\ndef rescission provision ins A2021-32 s 7\ndef sunset date ins A2021-32 s 7\ndef sunset event ins A2021-32 s 7\nRescission under rescission provision\ns 19B ins A2021-32 s 7\nNotice of intention to rescind under rescission provision\ns 19C ins A2021-32 s 7\nSupreme Court may allow rescission\ns 19D ins A2021-32 s 7\nNo automatic rescission of off-the-plan contracts\ns 19E ins A2021-32 s 7\n\nEndnotes\nAmendment history 4\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 61\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nReview—pt 2A\ns 19F ins A2021-32 s 7\nexp 9 November 2026 (s 19F (3))\nDefinitions for pt 3\ns 20 def energy efficiency rating guidelines ins A2007-25\namdt 1.22\nom A2010-32 s 11\ndef energy efficiency rating statement am A2004-32 s 47\nsub A2007-25 amdt 1.23; A2010-32 s 12\ndef premises am A2004-13 amdt 2.11; A2007-25 amdt 1.24;\npars renum R6 LA; A2013-7 amdt 1.5; pars renum R12 LA;\nA2023-36 amdts 1.74-1.76; pars renum R28 LA; A2025-22\namdt 1.1\ndef retirement village om A2013-7 amdt 1.6\nEnergy efficiency rating guidelines\ns 20A ins A2007-25 amdt 1.25\nom A2010-32 s 13\nIndustry and environment impact statement\ns 21 om A2010-32 s 13\nEnergy efficiency rating statement\ns 23 am A2004-13 amdt 2.12, amdt 2.13; A2015–6 amdt 1.2;\nss renum R13 LA\nAdaptable housing\npt 3A hdg ins A2020-4 s 28\nMeaning of adaptable housing dwelling\ns 23A ins A2020-4 s 28\nom A2020-42 s 12\nAdaptable housing—advertising\ns 23B ins A2020-4 s 28\nam A2020-42 ss 13-15\nBidders record\ns 25 am A2004-32 s 48\nBidder’s name and address to be established by proof of identity\ns 26 am A2004-32 s 49\nStandard auction conditions\ns 31A ins A2004-32 s 50\nAuction conditions to be available before auction begins\ns 32 am A2004-32 s 51\nMaking false or misleading statements\ns 37 am A2004-32 s 52\n\nEndnotes\n4 Amendment history\npage 62 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nApproved forms\ns 39 am A2011-3 amdt 3.85\nRegulation-making power\ns 40 am A2004-32 s 53\nRepeal and consequential amendments\npt 6 hdg om LA s 89 (3)\nRepeal of Energy Efficiency Ratings (Sale of Premises) Act 1997\ns 41 om LA s 89 (3)\nTransitional\npt 7 hdg ins A2004-32 s 54\nexp 1 July 2005 (s 47)\nTransitional—meaning of building work for s 23 (5)\ns 42 orig s 42 om LA s 89 (3)\n(prev s 43) ins A2004-13 amdt 2.14\nexp 1 July 2005 (s 42 (2))\nContracts entered into before 1 July 2004\ns 43 orig s 43 as ins A2004-13 amdt 2.14\nrenum as s 42\nins A2004-32 s 54\nexp 1 July 2005 (s 47)\nRequired documents not available before 31 October 2004\ns 44 ins A2004-32 s 54\nexp 31 October 2004 (s 44)\nTransitional regulations\ns 45 ins A2004-32 s 54\nexp 1 July 2005 (s 47)\nModification of pt 7’s operation\ns 46 ins A2004-32 s 54\nexp 1 July 2005 (s 47)\nExpiry of pt 7\ns 47 ins A2004-32 s 54\nexp 1 July 2005 (s 47)\nTransitional—Justice and Community Safety Legislation Amendment\nAct 2016\npt 8 hdg ins A2016-37 amdt 1.11\nexp 29 June 2017 (s 49)\nApplication of amendments\ns 48 ins A2016-37 amdt 1.11\nexp 29 June 2017 (s 49)\n\nEndnotes\nAmendment history 4\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 63\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nExpiry—pt 8\ns 49 ins A2016-37 amdt 1.11\nexp 29 June 2017 (s 49)\nTransitional—Civil Law (Sale of Residential Property) Amendment Act 2021\npt 9 hdg ins A2021-32 s 8\nexp 9 November 2026 (s 51)\nExisting off-the-plan contracts\ns 50 ins A2021-32 s 8\nexp 9 November 2026 (s 51)\nExpiry—pt 9\ns 51 ins A2021-32 s 8\nexp 9 November 2026 (s 51)\nConsequential amendments\nsch 1 om LA s 89 (3)\nDictionary\ndict am A2007-25 amdt 1.26; A2020-16 amdt 1.17\ndef adaptable housing dwelling ins A2020-4 s 29\nsub A2020-42 s 16\ndef agent am A2022-8 amdt 1.4\ndef building and compliance inspection report ins\nA2004-32 s 56\nsub A2011-3 amdt 3.86\ndef building inspection report om A2004-32 s 57\ndef building management statement ins A2020-4 s 30\nsub A2021-25 amdt 1.3\ndef delay event ins A2021-32 s 9\ndef developer’s holding lease ins A2004-32 s 58\ndef eligible impacted property ins A2015-42 s 21\ndef eligible impacted property buyback program ins\nA2015-42 s 21\ndef energy efficiency rating guidelines ins A2007-25\namdt 1.27\nom A2010-32 s 14\ndef energy efficiency rating statement sub A2010-32 s 15\ndef lease om A2007-25 amdt 1.28\ndef off-the-plan contract ins A2021-32 s 9\ndef pest inspection report sub A2011-3 amdt 3.86\ndef pest treatment certificate om A2004-32 s 59\ndef related person om A2023-6 amdt 1.3\ndef rescission provision ins A2021-32 s 9\ndef retirement village sub A2013-7 amdt 1.7\ndef sublease sub A2007-25 amdt 1.29; A2023-36 amdt 1.77\ndef sunset date ins A2021-32 s 9\ndef sunset event ins A2021-32 s 9\n\nEndnotes\n4 Amendment history\npage 64 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef unit sub A2021-32 s 10\ndef units plan ins A2021-32 s 11\ndef unit title certificate ins A2004-32 s 60\nam A2011-41 amdt 5.7\nom A2024-29 amdt 1.8\ndef unit title sale certificate ins A2024-29 amdt 1.9\n\nEndnotes\nEarlier republications 5\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 65\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 July 2004\n1 July 2004-\n31 Aug 2004\nA2004-32 new Act and\namendments by\nA2004-32\nR2\n1 Sept 2004\n1 Sept 2004–\n31 Oct 2004\nA2004-32 amendments by\nA2004-13\nR3\n1 Nov 2004\n1 Nov 2004–\n1 July 2005\nA2004-32 commenced expiry\nR4\n2 July 2005\n2 July 2005–\n30 June 2006\nA2004-32 commenced expiry\nR5\n1 July 2006\n1 July 2006–\n30 Mar 2008\nA2006-24 amendments by\nA2006-16 as\namended by\nA2006-24\nR6\n31 Mar 2008\n31 Mar 2008–\n6 May 2008\nA2007-25 amendments by\nA2007-25\nR7\n7 May 2008\n7 May 2008–\n25 Aug 2008\nA2008-7 amendments by\nA2008-7\nR8\n26 Aug 2008\n26 Aug 2008––\n31 Dec 2010\nA2008-28 amendments by\nA2008-28\nR9\n1 Jan 2011\n1 Jan 2011–\n28 Feb 2011\nA2010-54 amendments by\nA2010-54\nR10\n1 Mar 2011\n1 Mar 2011–\n29 Mar 2012\nA2011-3 amendments by\nA2010-32 and\nA2011-3\nR11\n30 Mar 2012\n30 Mar 2012–\n3 Mar 2013\nA2011-41 amendments by\nA2011-41\n\nEndnotes\n5 Earlier republications\npage 66 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR12\n4 Apr 2013\n4 Apr 2013–\n16 Apr 2015\nA2013–7 amendments by\nA2013–7\nR13\n17 Apr 2015\n17 Apr 2015–\n12 Nov 2015\nA2015-6 amendments by\nA2015-6\nR14\n13 Nov 2015\n13 Nov 2015–\n28 June 2016\nA2015-42 amendments by\nA2015-42\nR15\n29 June 2016\n29 June 2016–\n29 June 2017\nA2016-37 amendments by\nA2016-37\nR16\n30 June 2017\n30 June 2017-\n17 Sept 2017\nA2016–37 expiry of\ntransitional\nprovisions (pt 8)\nR17\n18 Sep 2017\n18 Sep 2017–\n30 June 2019\nA2017-1 amendments by\nA2017-1\nR18\n1 July 2019\n1 July 2019–\n31 May 2020\nA2019-10 amendments by\nA2019-10\nR19\n1 June 2020\n1 June 2020–\n30 June 2020\nA2020-16 amendments by\nA2020-16\nR20\n1 July 2020\n1 July 2020–\n31 Oct 2020\nA2020-20 amendments by\nA2020-20\nR21\n1 Nov 2021\n1 Nov 2021–\n8 Apr 2021\nA2020-42 amendments by\nA2020-4 and\nA2020-42\nR22\n9 Apr 2021\n9 Apr 2021–\n17 Aug 2021\nA2021-5 amendments by\nA2021-5\nR23\n18 Aug 2021\n18 Aug 2021–\n8 Nov 2021\nA2021-16 amendments by\nA2021-16\nR23A\n9 Nov 2021\n9 Nov 2021–\n17 Nov 2021\nA2021-32 retrospective\namendments by\nA2021-32\nR24\n18 Nov 2021\n18 Nov 2021–\n30 June 2022\nA2021-25 amendments by\nA2021-25\n\nEndnotes\nEarlier republications 5\nR32\n01/11/25\nCivil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\npage 67\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR24 (RI)\n18 Nov 2021\n18 Nov 2021–\n30 June 2022\nA2021-32 reissue for\nretrospective\namendments by\nA2021-32\nR25\n1 July 2022\n1 July 2022–\n30 June 2023\nA2022-8 amendments by\nA2022-8\nR26\n1 July 2023\n1 July 2023–\n30 Sept 2023\nA2023-24 amendments by\nA2023-24\nR27\n1 Oct 2023\n1 Oct 2023–\n26 Nov 2023\nA2023-24 amendments by\nA2023-6\nR28\n27 Nov 2023\n27 Nov 2023–\n30 Apr 2024\nA2023-36 amendments by\nA2023-36\nR29\n1 May 2024\n1 May 2024–\n15 July 2024\nA2023-46 amendments by\nA2023-46\nR30\n16 July 2024\n16 July 2024–\n12 Sept 2025\nA2024-29 amendments by\nA2024-29\nR31\n13 Sept 2025\n13 Sept 2025–\n31 Oct 2025\nA2025-22 amendments by\nA2025-22\n\nEndnotes\n6 Expired transitional or validating provisions\npage 68 Civil Law (Sale of Residential Property) Act 2003\nEffective: 01/11/25\nR32\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s scope has expanded since its original 2003 form. Notable scope changes recorded in the Act include the insertion of Part 2A for off-the-plan contracts (see s 19A–19F; inserted A2021-32 per endnotes), the addition of asbestos-related provisions and buyback-program exclusions (see s 6(4) and s 9A; amendments noted A2015-42 and A2020-20 in endnotes), requirements for energy-efficiency statements (pt 3; s 20 and s 23) and adaptable housing advertising (s 23B; inserted A2020-4). The legislation history and amendment history in the endnotes show multiple further amendments that broadened definitions, required documents and auction rules (see endnotes/legislation history and amendment history)."},"complexity_factors":["Extensive cross-references to multiple external Acts and instruments (Unit Titles Act 2001, Building Act 2004, Dangerous Substances Act 2004, Planning Act 2023, etc.) (see s 9, s 20, s 9A and dictionary entries).","Multiple substantive areas covered in one Act: disclosure/contract terms (pt 2), off-the-plan contracts (pt 2A), energy-efficiency (pt 3), adaptable housing (pt 3A), auction regulation (pt 4), professional liability and offences (pts 2, 3, 4, 5).","Many strict-liability offence provisions and a range of monetary penalties varying by section (see s 10, s 10A, s 22, s 26, s 29, s 31).","Delegated rule-making and ministerial discretions are important for operational detail (forms, regulations, determinations) (s 39–40, s 9A), so the statute’s full effect depends on subordinate instruments.","Complex exception and exclusion clauses (e.g. buyback scheme/eligible impacted property exclusions, corporate buyers, auctions, tenders) increase application complexity (see s 6(2)–(4), s 12(2)).","Transitional arrangements and multiple amendments over time (see endnotes/legislation history) create layered obligations and potential temporal complexity for contracts entered at different times."],"plain_english_summary":"## What this law does (mechanics)\n\n- The Act sets rules for selling most residential property in the Australian Capital Territory. It requires sellers to make certain documents available to prospective buyers, to include specific conditions in sale contracts, and sets processes for cooling-off, rescission, disclosure and auctions. Key provisions include:\n  - A detailed list of \"required documents\" that must be be available for inspection (for example: Crown lease, land titles extract, deposited plan, building and pest inspection reports, asbestos reports where relevant) (see s 9(1)).\n  - Criminal penalties for failing to make documents available, and a strict-liability framework for many disclosure offences (see s 10, s 10A and note strict-liability mentions in those sections).\n  - Mandatory contract conditions protecting buyers on title, encumbrances, unapproved structures and vacant possession; if a contract omits these, the law treats the conditions as included (see s 11 and s 11(4)).\n  - A five-working-day cooling-off period for most individual buyers, which can be waived only after independent legal advice certified in a lawyer’s certificate (see s 12, s 13 and s 17).\n  - Financial consequences when a buyer rescinds during the cooling-off period (buyer forfeits 0.25% of purchase price) (see s 15(2)).\n  - Buyers must sign to certify receipt of an energy-efficiency rating statement and sellers who fail to provide it may owe the buyer 0.5% of the purchase price (see s 23(1)–(4)).\n  - For off-the-plan contracts, sellers may only rely on a contract rescission clause (sunset/rescission provision) if all buyers consent after notice or the Supreme Court allows rescission; courts decide based on \"just and equitable\" criteria (see pt 2A: s 19A–19D, especially s 19B–19D).\n  - Specific rules for public auctions: bidders must be recorded with proof of identity, dummy bidding is prohibited (with limited permitted seller bids), and auction conditions must be displayed (see pt 4: s 25–34).\n  - Liability rules for professionals who prepare reports: a report author who provides a materially false or negligently prepared building/pest/energy statement can be liable to compensate the buyer (see s 19(1)–(2)).\n  - The Minister can approve standard forms and decide some eligibility matters (for example, the Minister can determine what residential premises are \"eligible impacted property\" for a buyback program) (see s 9A(1)–(2) and s 39). The Executive makes regulations to fill in technical details (see s 40).\n\n\n## Who it affects (directly)\n\n- Sellers of residential property in the ACT (including sellers of units) — they must provide documentation, include prescribed contract terms, and comply with auction and advertising rules (see s 9, s 11, pt 4 and pt 3).\n- Prospective buyers (and their agents/lawyers) — they gain inspection rights, cooling-off rights and statutory protections; buyers pay some costs in completion where reimbursements are allowed (see s 10, s 12, s 15, s 18).\n- Real estate agents and auctioneers — they must keep bidders records, sight proof of identity, follow auction procedures and face criminal penalties for breaches (see s 25–28, s 31, s 32).\n- Professionals who prepare inspection and rating reports — subject to indemnity/insurance requirements (s 9(3)) and liable to compensate buyers for materially false or careless reports (s 19).\n- The Minister, the Executive and the Supreme Court — the Minister/regulations set detail and permitted forms (s 39–40); the Supreme Court adjudicates contested rescissions for off-the-plan contracts (s 19D).\n\n\n## Why it matters (stated purpose and the practical trade-offs)\n\n- The Act is framed to improve information flow and standardise protections in residential sales: it prescribes documents for inspection, imposes contract conditions, sets cooling-off rules, requires energy-efficiency disclosure and regulates auction conduct (see s 9, s 11, s 12, s 23, pt 4).\n\n- Testing those claims against trade-offs and implementation mechanics:\n  - Information supply vs. transaction cost: the required-documents regime increases seller compliance costs (gathering, producing inspection reports and title documents) (s 9(1)). Those costs may be passed to buyers via price adjustments or recovered where the law permits (seller may be reimbursed by buyer for first building/pest reports on completion — s 18(1)).\n  - Certainty and consumer protection vs. contractual freedom: the Act mandates contract terms (s 11) and prevents parties from contracting out of the Act (s 36(1)), limiting sellers’ and developers’ freedom to set alternate contractual risk allocations.\n  - Administrative discretion and regulatory detail: several important operational rules depend on Ministerial determinations, approved forms and regulations (s 9A(1)–(2), s 39, s 40). This concentrates rule-making detail in delegated instruments and ministerial choices, so implementation depends on later instruments.\n  - Court oversight of developer rescission: off-the-plan rescission by sellers is curtailed — sellers must obtain buyer consent or a court order and the court weighs multiple factors (s 19B–19D). That raises litigation and timing costs for developers seeking to rely on sunset clauses, while protecting buyers from unilateral automatic rescission.\n  - Auction integrity vs. marketing precision: auction rules (bidders record, ID, no dummy bids, disclosure of last seller bid) restrict certain selling tactics and require record-keeping by agents (pt 4: s 25–34). Agents face criminal penalties (some up to 100 penalty units) for breaches (see s 29, s 31).\n  - Risk allocation for defective or misleading reports: report preparers face direct statutory liability to buyers (s 19(2)), and sellers who supply materially false or misleading documents can face criminal penalties (s 37–38). That shifts some risk and enforcement from private contract remedies to statutory sanctions.\n\n\n## Who pays, who decides, and what behaviour changes (plain statements with section references)\n\n- Who pays:\n  - Buyers: may forfeit 0.25% of purchase price on rescission during cooling-off (s 15(2)); certify receipt of energy efficiency statements and may recover 0.5% from seller if seller fails to supply one (s 23(2)–(4)); reimburse seller for the first building and pest reports on completion (s 18(1)).\n  - Sellers: compliance costs to obtain and make required documents available (s 9(1) and s 10); may be liable to pay buyer 0.5% of purchase price for failing to provide energy efficiency statement (s 23(3)); may face penalties for failing to display documents for inspection (s 10, s 10A).\n  - Agents/auctioneers: costs of maintaining bidders records and sighting ID; exposure to criminal penalties and loss of commission if sale rescinded (s 25–28, s 16, s 29, s 31).\n  - Report preparers: potential compensation liability to buyers for materially false or negligently prepared reports (s 19(2)); professional indemnity insurance requirements (s 9(3)(b)).\n\n- Who decides:\n  - The Minister and Executive decide regulatory detail and may make determinations about buyback eligibility (s 9A(1)–(2); s 40).\n  - The Supreme Court decides whether rescission of off-the-plan contracts is \"just and equitable\" and may award costs and other orders (s 19D).\n  - Lawyers provide the certificates that enable waiver or shortening of cooling-off (s 13, s 17).\n\n- Behaviour changes the law encourages or requires:\n  - Sellers and agents must collect and disclose title, inspection and other statutory documents before sale and at auctions (s 9, s 10, s 25).\n  - Buyers are encouraged to obtain legal advice quickly (cooling-off waiver requires lawyer’s certificate; s 13, s 17).\n  - Off-the-plan developers are discouraged from relying on automatic sunset/rescission clauses without buyer consent or court approval (s 19B–19E).\n  - Auctioneers and agents must implement identity checks and accurate bidder records to reduce dummy bidding and anonymous bids (s 25–28, s 29).\n\n\n## Implementation risk and compliance burden\n\n- Dependencies on other laws and delegated instruments: the Act cross-references many external definitions and requires regulations and approved forms to fill technical gaps (see definitions referencing Unit Titles Act 2001, Building Act 2004, Dangerous Substances Act 2004, Planning Act 2023, and the general regulation power at s 40). The Act’s practical effect therefore depends on subordinate instruments being made and kept current.\n- Strict liability offences for many disclosure and auction breaches (for example s 10(3), s 10A(6), s 22(2), s 28(2)) lower the prosecution threshold, increasing compliance risk for sellers and agents who may be penalised despite lack of intention.\n- The Act creates concentrated duties (sellers, agents, report preparers), and diffuse benefits (information to many prospective buyers). The administrative and professional compliance costs will fall primarily on sellers and their agents, and on professionals who prepare inspection and rating reports (s 9(1), s 18(1), s 9(3)).\n\n\n## Bottom-line, mechanics-first summary\n\nThe Act imposes a system of mandatory disclosure, prescribed contract terms, cooling-off protections, energy-efficiency and adaptable-housing advertising requirements, regulated auction conduct, and special rules for off-the-plan contracts. It places compliance costs on sellers and agents, statutory liabilities on report preparers, and decision-making and rule-detail with the Minister, the Executive and, where contested, the Supreme Court. The practical impact depends on the regulations and approved forms the Minister and Executive make (s 39–40)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2003 scope. Originally focused on basic cooling-off periods and disclosure for standard residential sales, it now includes: off-the-plan contract protections (Part 2A, added 2021), energy efficiency rating requirements (Part 3, added 2004-2010), adaptable housing advertising (Part 3A, added 2020), retirement village specific rules (added 2019), asbestos disclosure requirements (added 2015-2020), and complex auction conduct rules (Part 4). The 2021 amendments fundamentally changed off-the-plan law by removing automatic rescission rights for developers, representing a major shift in consumer protection scope."},"complexity_factors":["Multiple overlapping definitions across Parts (e.g., 'residential property' defined in s 8 but 'premises' defined differently in Part 3)","Extensive cross-referencing to other ACT legislation (Unit Titles Act 2001, Building Act 2004, Planning Act 2023, Dangerous Substances Act 2004, etc.)","Nested exceptions in document requirements (s 9(2)) - 5 separate exemption categories with sub-clauses","Conditional logic for cooling-off period exceptions (s 12(2)) - 5 scenarios where cooling-off doesn't apply","Dual regimes for retirement village sales (s 10A) with 'initial' vs 'later' required documents and different timing rules","Complex off-the-plan provisions (Part 2A) with sunset dates, delay events, and Supreme Court discretion tests (s 19D(3) lists 11 specific factors)","Strict liability offences mixed with fault-based offences (e.g., s 37 requires knowledge, s 38 has knowledge and recklessness variants)","Transitional provisions with expiry dates (Part 9 expires 2026, s 19F review provision expires 2026)","Dictionary with 30+ defined terms, many incorporating external legislation by reference"],"plain_english_summary":"This ACT law protects people buying residential property (houses, units, vacant land) by requiring sellers to provide important documents before sale, giving buyers a cooling-off period to change their minds, and setting rules for auctions and off-the-plan purchases.\n\n**Key protections for buyers:**\n- **Document disclosure**: Sellers must make specific documents available for inspection before you sign, including title searches, building inspection reports, pest reports, energy efficiency ratings, and asbestos assessments (sections 9-10A). There are special rules for retirement village units.\n- **Cooling-off period**: You get 5 working days after signing to pull out of the contract (section 12). You'll forfeit 0.25% of the purchase price, but get your deposit back minus that amount (section 15). You can waive this right, but only after getting independent legal advice (section 13).\n- **Contract terms**: Certain protections are automatically included in every contract, such as guarantees that the property is free of hidden legal burdens (encumbrances), that you'll get vacant possession, and that there are no unapproved structures (section 11).\n\n**Special rules for off-the-plan purchases (Part 2A):**\nIf you're buying a property not yet built (off-the-plan), developers can't automatically cancel your contract if deadlines pass. They must either get your written consent or go to the Supreme Court to prove it's \"just and equitable\" to cancel, considering factors like whether the developer acted in bad faith or if the property has increased in value (sections 19B-19D).\n\n**Auction rules (Part 4):**\n- Bidders must register and show ID (sections 25-26)\n- Dummy bidding (fake bids to drive up prices) is illegal (section 29)\n- Auctioneers can make only one bid on behalf of the seller, and must declare it openly (section 30)\n- If the property doesn't sell, any last seller bid must be disclosed in future marketing (section 33)\n\n**Energy efficiency and adaptable housing (Parts 3 & 3A):**\nSellers must disclose energy efficiency ratings when advertising and provide certificates to buyers (sections 22-23). Adaptable housing (homes designed for accessibility) must be advertised as such (section 23B).\n\n**Who it affects:** Anyone buying or selling residential property in the ACT, real estate agents, auctioneers, and property developers."}},"importantCases":[],"_links":{"self":"/api/acts/civil-law-sale-of-residential-property-act-2003","history":"/api/acts/civil-law-sale-of-residential-property-act-2003/history","analysis":"/api/acts/civil-law-sale-of-residential-property-act-2003/analysis","conflicts":"/api/acts/civil-law-sale-of-residential-property-act-2003/conflicts","importantCases":"/api/acts/civil-law-sale-of-residential-property-act-2003/important-cases","documents":"/api/acts/civil-law-sale-of-residential-property-act-2003/documents"}}