What The Hills Shire Council's draft says about homes completed, and the sunset clause question for an off the plan buyer
By Artigellence ·
The Hills Shire Council's draft Housing Strategy, attached to its report of 22 October 2019, says the proportion of dwellings completed sits at around 60-70 per cent of approvals. It does not mention off the plan contracts. The NSW Government's page does mention delay: it says settlement may be completed much later than expected, and that a sunset clause lets either party rescind if the plan is not registered or an occupation certificate not issued by a set date. The sunset clauses page and the rules check cover the rest.
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What the Shire's draft says
The draft Housing Strategy is an attachment to a report to The Hills Shire Council's ordinary meeting of 22 October 2019, and the document itself says it was still in draft form while the Department reviewed it. In its evidence section it says the proportion of dwellings completed sits at around 60-70 per cent of approvals.
We quote that wording only. The sentence goes on to give the council's reasons, which we leave out, and the draft does not define the word approvals on the page we read; we read it as dwellings that had planning consent, and say that is our reading.
Why a completions figure matters to a contract
A figure for a whole Shire says nothing about one building, and the draft does not mention off the plan contracts, so what follows is our inference, not a rule: where homes take time to finish, the date in a contract by which the plan must be registered or an occupation certificate issued is a date that can matter. The NSW Government's page warns that the project and settlement may be completed much later than expected.
What the NSW Government says about the date
The NSW Government says an off the plan contract commonly includes a sunset clause, a provision requiring the plan to be registered or an occupation certificate issued by a set date, otherwise either party can rescind the contract. It says developers need a buyer's consent before they end a contract using one, and otherwise need to apply to the NSW Supreme Court to justify termination. We read both pages on 7 October 2026.
The questions the page lists
The NSW Government's page lists these for a conveyancer or legal representative: can the developer extend sunset dates or the date for completion, and in what circumstances; and what are my rights if construction is delayed or the design is altered. It says you must review the contract and get legal advice. This article does neither.
Artigellence is the marketing business that operates this site and writes its articles. It does not carry out the work described.
Sunset clauses on an off the plan contract, and what the NSW Government says
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