Buying off the plan in South Australia: where the law protects you, and where only the contract does

If you have bought off the plan in Victoria, New South Wales or Queensland, you will be used to a statute that does a lot of the work for you: a cap on the deposit, a deadline for the plan to register, and limits on a developer cancelling under a sunset clause.

South Australia does not have that yet. The Land and Business (Sale and Conveyancing) Act 1994 (SA) has no off-the-plan regime. In an off-the-plan purchase here, the general protections that apply to every sale still apply. Beyond those, what protects you is what the contract says.

That may be about to change, which is where we start.

Reform is out for consultation now

On 7 October 2026, the South Australian Government opened consultation on reforming off-the-plan residential land sales. It closes on Friday 30 October 2026. The government is considering amendments to the Land and Business (Sale and Conveyancing) Act and associated laws in three areas:

1. Sunset clauses. A vendor would need the purchaser's consent, or approval from a court or tribunal, before rescinding under a sunset clause.
2. Vendor disclosure. Material risks and dependencies, such as approvals, financing, staging and utility servicing, would have to be disclosed before signing, and purchasers kept informed if they change.
3. A statutory right to rescind. A purchaser could withdraw and get a full refund of deposits if the vendor makes a material change to the development.

The consultation lists the concerns behind it: broad developer termination rights, long project delays, too little information about development risks, changes to developments after contracts are signed, and limited remedies for buyers.

None of this is law yet. Consultation feedback goes to Consumer and Business Services, and the government decides from there. If you are signing an off-the-plan contract now, assume the current law applies, and read the contract on that basis.

What protects you today

Cooling off and the Form 1

An off-the-plan purchase by private treaty gets the ordinary South Australian cooling-off period: two clear business days, counted from the later of the day the contract was made and the day the Form 1 was served. Until it expires, the vendor cannot demand a deposit of more than $100. If you cool off, the most the vendor can keep is $100. Our guide to the South Australian cooling-off period explains the clock and the exceptions.

The vendor must also serve a Form 1 vendor's statement at least 10 clear days before settlement. On an off-the-plan contract, settlement may be a year or more away. Ask for the Form 1 before you sign, so you can read it while you can still walk away cheaply. Our guide to the Form 1 covers what it must disclose.

The community title warning in the Form 1

Most off-the-plan apartments and townhouses in South Australia will be community lots. The Form 1 includes a notice to buyers about community and strata title, and it is blunt about off-the-plan risk. It warns that if you are buying a property that has not been built yet, "you cannot be certain what the end product of the development process will be", and that if the community plan has not yet been deposited, any development contract, scheme description or by-laws you have been shown could change.

Read the by-laws, and if there is a scheme description or development contract, read that too. Our guide to strata and community title in South Australia explains what each document controls.

What to check in the contract

SA.GOV.AU's checklist for buying off the plan is a good starting point. It tells buyers to check:

• who owns the land
• who will build the property
• if development approval has not been granted, what happens if it is refused or the plans have to change
• whether the build will be finished on time, and your rights if it is not
• for strata or community title, the by-laws, scheme description, minutes and plans
• any preconditions before the contract becomes binding
• your rights to change your mind and cancel, and when those rights end
• whether you or the developer can make changes after signing
• when the deposit and the balance are due
• whether the price can change after signing.

To that list we add the clauses that do the heavy lifting in the absence of a statute.

The sunset clause. What is the sunset date? Can the developer extend it, and how many times? Can the developer rescind after it passes without your consent? Today, in South Australia, the answer is usually whatever the contract says.

The deposit. How much, to whom, and where it is held until settlement. Is it held in a trust account? Can any of it be released to the developer before completion? Is a deposit bond accepted?

Variations. How much can the floor area, layout, finishes or car parking change before you can object? Is there a tolerance, and what happens if it is exceeded?

Settlement timing. How many days after the title issues must you settle? Will your finance approval still be current?

Nomination and resale. Can you nominate a substitute buyer before settlement, and on what terms?

Insurance on the build

South Australia's building indemnity insurance contributes to the cost of completing or fixing domestic building work if the builder dies, disappears or becomes insolvent. It also covers defects during the 5 year statutory warranty period after completion. According to the South Australian Government Financing Authority, builders must take out a policy for domestic projects costing $20,000 or more that need development approval. The threshold was $12,000 before 10 November 2025.

The exemption that matters for off-the-plan apartments: residential buildings over three storeys that contain two or more separate dwellings do not require it. A townhouse project may be covered. A five-storey apartment building will not be. Ask the developer what insurance applies to your building, and get the answer in writing.

Stamp duty and grants

South Australia's first home buyer relief covers an off-the-plan apartment, which RevenueSA defines as one not yet built, or under construction but not substantially completed. For contracts entered into on or after 6 June 2024 there is no limit on the property's value. The First Home Owner Grant is up to $15,000 on a new home or off-the-plan apartment, again with no value cap for contracts from 6 June 2024. Our guide to first home buyers in South Australia covers eligibility.

Buyers aged 60 or over who are downsizing may qualify for relief on contracts from 25 March 2026. One condition is specific to off the plan. RevenueSA requires the apartment to be constructed, with its Certificate of Occupancy issued, within 36 months of the original purchase contract. If the project runs late, the relief can be lost, so check the developer's timetable against that date.

How this compares with Victoria

Our guide to off-the-plan contracts in Victoria covers the Victorian side.

Questions we get asked

Should I wait for the reforms before buying off the plan in SA?

That is your decision, and timing a purchase is not something we advise on. What we can say is that the reforms are proposals, nobody yet knows their final form or start date, and you should not assume they will apply to a contract you sign now.

Can the developer cancel my contract and resell the lot for more?

Under current South Australian law, if the contract allows it after the sunset date, possibly yes. That is exactly what the proposed reform targets. Read the sunset clause before you sign.

The developer wants a 20 per cent deposit. Is that legal?

There is no statutory cap in South Australia once the cooling-off period has ended. You can negotiate it, and we would want to know where it is held and whether any of it can be released before settlement.

Talk to us before you sign

We are registered in South Australia with Consumer and Business Services and act for buyers on South Australian purchases from our office in Cranbourne, Victoria. South Australian conveyancing runs electronically, so we can act for you wherever the property is. We do not have an Adelaide office. We are open Monday to Friday, and on weekends by appointment.

Send us the contract, Form 1 and any disclosure documents before you sign. Ask us for a quote, or get in touch if you would rather talk it through first. If the contract needs negotiating or a dispute with a developer arises, we will tell you when a solicitor should take over.

This article is general information about South Australian conveyancing and is not legal advice for your particular transaction. Speak to us about your specific circumstances.