Kellie O'Malley Conveyancing

Off the Plan on the Central Coast

Supporting property buyers and sellers across the Central Coast and Mid North Coast with fixed, upfront prices.

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Informed Decisions

Reviewing Off the Plan Contracts

Off the plan contracts are typically drafted in favour of the developer and often exceed one hundred pages, making careful legal review essential before signing. At Kellie O’Malley Conveyancing, based in Wyee Point, we assist buyers across the Central Coast, Mid North Coast and throughout New South Wales with detailed contract assessments and structured guidance for off the plan purchases.


Unlike established property transactions, buying off the plan involves committing to a property that is not yet built, with settlement occurring months or even years after exchange.


We examine the proposed lot plan, schedule of finishes, sunset clauses, variations provisions and special conditions to identify clauses that may affect your rights. Particular attention is given to provisions allowing design changes, extensions of time for completion and adjustments to unit entitlements or common property areas. We also review disclosure statements, draft strata by laws and proposed levies to ensure you understand your long term obligations.


Before contracts are exchanged, risks and responsibilities are clearly explained so you can proceed with confidence. If you are considering an off the plan purchase and want thorough contract advice, call 0432 328 170 to discuss your matter.

Future Protection

Managing Extended Settlement Risks

Off the plan transactions differ significantly from standard property purchases due to extended settlement periods and potential construction delays. During this time, market conditions, lending criteria and personal circumstances can change, affecting borrowing capacity and overall affordability. We conduct a structured legal review to help buyers understand finance risks, deposit arrangements and the implications of developer triggered sunset clauses.


We also assess how variations to building plans, finishes or lot boundaries may impact the final product delivered at settlement. We carefully examine contractual clauses that permit modifications within defined limits to reduce the risk of unexpected changes. In strata developments, we review draft by laws and outline potential levies, maintenance obligations and governance structures.


By analysing these elements before exchange and monitoring key contractual dates throughout the build period, we help buyers manage uncertainty and minimise exposure to contractual disputes.

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Need Clarification?

Frequently Asked Questions

  • What does off the plan mean in property?

    Buying off the plan means purchasing a property before it has been completed, often based on architectural drawings, plans and specifications. The buyer signs a contract and pays a deposit, with settlement taking place once construction is finished and an occupation certificate is issued. Because the property does not yet physically exist, the contract contains detailed provisions about timelines, design changes and developer rights. Understanding these clauses before exchange is essential, as they determine what happens if construction is delayed or plans are modified.

  • Can a developer change the plans after I sign?

    Most off the plan contracts include clauses allowing the developer to make certain changes to layout, finishes or common property areas, provided the changes fall within specified limits. These provisions are often referred to as variation clauses. While minor adjustments may be permissible, substantial changes could potentially give rise to rescission rights depending on the terms of the contract and applicable legislation. Careful review of these clauses is critical to understand the extent of permitted changes and available remedies.

  • What is a sunset clause in an off the plan contract?

    A sunset clause sets a final date by which the development must be completed and settlement effected. If the project is not completed by that date, either party may have the right to rescind the contract, subject to current legislative protections in New South Wales. Recent reforms require developers to obtain purchaser consent or court approval in certain circumstances before terminating under a sunset clause. Buyers should understand how this clause operates and what protections apply before committing to the contract.

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