Selling Your Canberra Home: The ACT Process Explained Step by Step

Selling property in Canberra works differently to the rest of Australia

If you have bought or sold in New South Wales, Victoria or Queensland before, the ACT will surprise you. The single biggest difference is that in the ACT you cannot advertise, list with an agent, or offer your home for sale until a full contract of sale has already been prepared, with a defined set of documents attached. That contract-first rule comes from the Civil Law (Sale of Residential Property) Act 2003, and it shapes the whole timeline. This guide walks through the process in order, so you know what to organise and when.

This is general information about how the process works, not legal or financial advice. Engage a licensed ACT conveyancer or solicitor early, and confirm any current figures, rates or thresholds with the official sources linked below.

Step 1: Get the contract and documents ready first

Because the contract has to exist before marketing starts, document preparation is the first real task, not the last. Your conveyancer or solicitor assembles the contract, but several items need to be ordered and paid for up front. The required seller-provided documents include:

• Land title searches and the government and conveyancing inquiry documents
• A building and compliance inspection report (for an existing, previously occupied house)
• A pest inspection report
• An Energy Efficiency Rating (EER) statement
• For a unit, townhouse or apartment, the owners corporation and units plan information

Timing matters. Under the Access Canberra Reality Check guide, the building and pest inspections attached to the contract must be based on inspections carried out within a defined recent window before the property is first advertised (the guide states no earlier than three months before first advertising). If you obtained more than one qualifying report in that period, each one must be included. The seller orders and pays for these reports, but is generally entitled to seek reimbursement of the cost from the buyer at settlement.

The Energy Efficiency Rating (EER)

Disclosing an EER is mandatory when marketing and selling most existing homes in the ACT. The EER measures a home on a star scale from 0 (least efficient) up to a maximum of 6 stars, and must be prepared by an accredited assessor under the ACT House Energy Rating Scheme. The star figure has to appear in your advertising as well as in the contract. See ACT Planning on energy efficiency for current requirements.

Selling a unit or apartment

For a unit in a registered units plan, the contract must include a unit title certificate (commonly called a section 119 certificate, under the Unit Titles (Management) Act 2011). The owners corporation issues it on request, and it discloses the corporation's financials and fund balances, the building and common property insurance, levy details, the executive committee and managing agent, and current service contracts. Order this early, as you cannot complete the contract without it.

Step 2: Choose your method of sale, auction or private treaty

The two main paths in the ACT are auction and private treaty, and they carry very different rules for the buyer.

• Private treaty (a listed asking price, negotiated): the buyer gets a statutory cooling-off period after exchange. The standard length is five business days, during which they can cancel by serving notice, forfeiting a cooling-off penalty set as a percentage of the price (confirm the current percentage in the Act and regulation rather than relying on a remembered figure). A buyer can waive cooling-off by giving a section 17 certificate signed by a solicitor who has advised them, which is now common in ACT private treaty deals.
• Auction: there is no cooling-off period. On the fall of the hammer the contract is unconditional and binding immediately. That certainty is the trade-off against the flexibility of negotiating terms privately.

Step 3: Marketing and the agency agreement

If you use an agent, you will sign an agency agreement that sets out the agent's authority, the fee or commission, the marketing budget and the term. Read it before signing and make sure the method of sale, price expectations and advertising spend are spelled out. Your contract and EER must be in place before any advertising goes live.

Step 4: Exchange of contracts

Once terms are agreed and the buyer pays the deposit, contracts are exchanged and both parties become bound, subject to any cooling-off rights. The settlement date is agreed at exchange. You remain responsible for the property right up until settlement, so keep it insured and maintained.

Step 5: Settlement and title transfer

Settlement is the final stage: the buyer pays the balance and ownership transfers. It is commonly 30 to 90 days after exchange, but can be varied by agreement. The ACT uses electronic conveyancing through the PEXA platform, and under the participation rules only legal practitioners and financial institutions can transact there, so both sides act through a solicitor or licensed conveyancer. As the seller (transferor) you complete an online Seller Verification Declaration via ACT Land Titles before documents are lodged. The transfer is then recorded on the ACT Land Titles Register through Access Canberra.

What about stamp duty?

Conveyance duty (stamp duty) is generally paid by the buyer, not the seller, and under the ACT barrier-free model the buyer pays it after settlement on a notice of assessment. As a seller you do not pay it, but it helps to understand it when fielding buyer questions. The ACT Revenue Office publishes current rates, thresholds and concessions, and notes its site is being updated for 1 July 2026 changes, so always confirm current figures there.

This article is general information compiled with AI assistance. It is not legal or financial advice. Confirm current figures, rates and requirements with the official ACT sources linked above, and seek advice from a licensed conveyancer, solicitor or broker before acting.