Off the Plan Apartments in Baulkham Hills — questions and answers
Short answers about buying an apartment off the plan in NSW: what a sunset clause is, what the contract must include, what happens if the building changes, and how long settlement can take. Every answer is a NSW Government page's own statement, with its read date. This site sets no prices and gives no advice.
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How much does off the plan apartments cost in Baulkham Hills?
We do not answer that with a price, because no NSW Government page we read sets one, and this site sells, lends and advises on nothing. What the NSW Government does say about money is that the deposit is held in a trust or controlled money account until settlement and that a purchaser who pulls out in the cooling off period forfeits part of the purchase price, an amount its page states. The costs page's Off the plan rules check for NSW lists the NSW lines on an off the plan contract, each with its source.
What is a sunset clause?
The NSW Government says it is a provision of the contract that requires 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.
An off the plan purchase
Six lines from the NSW Government's pages, in the order a buyer meets them
From the cooling off period to apartment building cover, each in a government page's own words and with its read date.
The cooling off period
10 business days
the cooling off period the NSW Government says off the plan buyers have
The page says it can be waived or shortened, but only with a certificate from the purchaser's lawyer or conveyancer.
Source: NSW Government: Buying property off the plan · read
The disclosure statement
14 days
from exchange, within which the Registrar General says a purchaser can rescind if the Disclosure Statement, draft plan or documents are not attached
The NSW Government says vendors must attach a disclosure statement that outlines key information, like sunset dates and other conditional events.
Source: NSW Office of the Registrar General: new requirements for off-the-plan contracts · read
A sunset clause
Supreme Court
the court a developer needs to apply to, unless the buyer consents, to end a contract using a sunset clause
The NSW Government says the clause requires the plan to be registered or an occupation certificate issued by a set date.
Source: NSW Government: Buying property off the plan · read
The registered plan
21 days
before settlement, by which the NSW Government says purchasers need to be given a copy of the registered plan
The page also says vendors must notify purchasers of changes to a material particular, and that a purchaser has only a short window to act on one.
Source: NSW Government: Buying property off the plan · read
The deposit
Trust account
where the NSW Government says the deposit and any instalments must be held until settlement
The page also says an expression of interest payment will not secure the property.
Source: NSW Government: Buying property off the plan · read
Apartment building cover
3 storeys
the height up to which the NSW Government says the Home Building Compensation scheme covers multi-unit residential buildings
The page says there is no cover for multi-unit buildings above that height.
Source: NSW Government: Buying property off the plan · read
Each tile names its source and the date it was read. None is a view on any contract or a price, and the tiles are not a complete list of the rules.
Process
What must an off the plan contract include?
The NSW Government says vendors must attach a disclosure statement that outlines key information, like sunset dates and other conditional events, and provide draft documents like a plan, proposed schedule of finishes and draft by-laws. The Registrar General says purchasers can rescind within 14 days of exchange if the Disclosure Statement, draft plan or relevant prescribed documents are not attached before the contract is signed.
What if the building changes after I sign?
The NSW Government says vendors must notify purchasers of changes to a 'material particular', meaning changes that will adversely affect the use or enjoyment of the lot being purchased, and that a purchaser has only 14 days from being notified of a change to take action. It says to discuss any change with a lawyer or conveyancer right away.
Timing
How quickly can someone get to me?
We cannot promise a time. It depends on the provider's bookings. Form and phone enquiries are passed to a local provider, who contacts you directly.
How long can an off the plan purchase take to settle?
The NSW Government says the date for completing the contract is not until the building is finished and the plan is registered, and that the project and settlement may be completed much later than expected. It gives no timeframe, and neither do we.
Rules and requirements
Can I buy an apartment through this site?
No. This site sells nothing. It sets out what NSW Government pages say and passes enquiries to an independent qualified local provider, who deals with you directly.
Source: This answer describes this site, not a NSW rule; no NSW page read states a rule for it.
Service area
Which suburbs do you cover?
Baulkham Hills and ten other suburbs in or partly in The Hills Shire, from the council's own suburb list: Castle Hill, Kellyville, Norwest, Bella Vista, Winston Hills, North Rocks, Beaumont Hills, West Pennant Hills, North Kellyville and Rouse Hill. Three suburb pages each rest on one council statement: Baulkham Hills, Castle Hill and Kellyville.
Do you sell, lend or advise?
No. A marketing company runs this site and passes each enquiry to an independent qualified local provider. We are not a lender, broker, adviser or agent, and we do not sell or build property.
Thanks — we have your enquiry. Someone will be in touch shortly. Prefer to talk now? Call (02) 9072 0403.
Last reviewed · Updated · First published