Australian Capital Territory · The buying process
The buying process in the ACT
The sequence for buying in Canberra: the licence check, the crown lease and the seller's documents, the five-day cooling-off, and who does the legal work.
Buying in Canberra follows the same broad arc as anywhere in Australia: finance, search, checks, contract, settlement. Three things change the order of the work. The seller's contract already carries the crown lease, the title extract and a building and compliance inspection. Much of the reading therefore happens before an offer. The cooling-off period is five working days from when the contract is made, and there is none at auction. And who may do the legal work here was not confirmed by the research behind this page, so that is the first question to settle.
The steps in order
- Get finance in shape. A lender's pre-approval sets the ceiling. If the Home Buyer Concession Scheme or the 5% Deposit Scheme is in play, check the eligibility tests early. They change the cash needed at settlement.
- Check the agent. Look the selling agent up on Access Canberra's public register of licensed real estate agents before dealing with them.
- Engage the legal help. Appoint a solicitor, or a conveyancer if the ACT permits one to act, before making an offer, so the contract can be read at once.
- Read the contract pack. The seller's section 9 documents: the crown lease, title extract, deposited plan, encumbrances, conveyancing inquiry documents, energy rating and building and compliance inspection. For a unit, the section 119 certificate.
- Build the price evidence. Recorded comparable sales, a fair-value range, and a walk-away number set before negotiating starts.
- Make the offer or bid. At auction, register for the bidders record beforehand; there is no cooling-off afterwards.
- Exchange. Contracts are signed and exchanged and the deposit paid. Where the cooling-off period applies it runs to 5 pm on the fifth working day.
- Between exchange and settlement. Formal finance approval, the lender's requirements, the buyer verification declaration ACT Land Titles publishes for electronic lodgement, and the duty exemption claim.
- Settle. The balance is paid, the transfer of the crown lease is registered, and the keys change hands.
- Move in on time. A Home Buyer Concession Scheme exemption needs at least one buyer living in the home for 12 months, starting within a year of settlement. The off-the-plan and pensioner exemptions carry residence conditions of their own.
Who does the legal work
The agency pages name a solicitor: the Suburban Land Agency says a solicitor assesses and signs the contract, and points to the ACT Law Society to find one, and Access Canberra says only a legal practitioner or financial institution can use e-conveyancing. Two further points bear on it. The cooling-off waiver is a lawyer's certificate under section 17 of the Civil Law (Sale of Residential Property) Act 2003. Shortening or waiving the period therefore needs a lawyer, whatever else is true. And the Land Titles (Electronic Conveyancing) Act 2020 is on the register, with ACT Land Titles publishing a buyer verification declaration, so electronic conveyancing exists here. Whether and how practitioners must hold professional indemnity insurance was not part of this research. Give the practitioner the full contract pack as soon as the property is chosen. Add identification for the verification declaration and the details of any exemption claim.
Checking the agent
Access Canberra licenses real estate, business, and stock and station agents under the Agents Act 2003. Once licensed, an agent's name appears on one of two public registers. One covers licences issued before 1 July 2022 and the other licences issued after that date. Both are reached from Access Canberra's public registers page; the direct search links were not confirmed, so start at the index. Assistant agents are registered rather than licensed and have their own page. A name on neither register is a reason to stop and ask.
If something goes wrong
Access Canberra is both the consumer regulator and the licensing body. A complaint about an agent's conduct, a price representation or an auction goes there. The entry point is its fair trading and consumer rights section. Fair Trading is the first point of contact; a complaint is lodged online or by phone, and Access Canberra aims to resolve less-complex complaints within 30 days. Access Canberra also runs an inspection program on real estate auctions. Where the dispute is with a solicitor or conveyancer rather than an agent, the body that handles it was not confirmed at the time of checking.
How long it takes
The typical time from exchange to settlement in the ACT was not confirmed. The one official example, on the ACT Revenue Office's Home Buyer Concession Scheme page, has exchange on 12 August 2025 and settlement two weeks later. That is an illustration, not a rule. What stretches it is familiar: formal finance approval, an off-the-plan completion date, or a Suburban Land Agency block. There a 14-day holding notice runs before exchange.
More for Australian Capital Territory
Sources
- Access Canberra, licensing for business, real estate and stock and station agents — checked 6 September 2026
- Access Canberra, public registers — checked 6 September 2026
- Access Canberra, assistant agent registrations — checked 6 September 2026
- ACT Legislation Register, Civil Law (Sale of Residential Property) Act 2003 — checked 6 September 2026
- ACT Land Titles, buyer verification declaration — checked 6 September 2026
- Access Canberra, fair trading and consumer rights — checked 6 September 2026
- Environment, Planning and Sustainable Development Directorate, checklist for buying land or an existing house in the ACT — checked 6 September 2026
- ACT Revenue Office, about the Home Buyer Concession Scheme — checked 6 September 2026
Last updated 16 September 2026 · draft, awaiting review.