Residential Conveyancing Checklist

Buying or selling a home in Melbourne should feel exciting, not like you are wrestling a ring binder on a packed tram. The trick is to know which papers matter, gather them early, and tick them off in a steady order. Below is the only checklist you will need, whether you are settling on a Brunswick unit, a family place in Bentleigh, or a new townhouse out near the end of the 109.

Documents at a Glance: Quick Reference

For Sellers

Proof of identity for Verification of Identity (VOI), plus a signed Client Authorisation for e conveyancing
Current title search and plan, mortgage details, and your lender's Discharge Authority
Section 32 vendor statement with search certificates: council Land Information Certificate, water information statement, owners corporation certificate if applicable, planning report, and any notices
Building permits for the last seven years, owner builder report and insurance if the works fall within six years and six months
Pool or spa registration and the latest barrier compliance certificate if you have one
If selling for $750,000 or more, ATO clearance certificate to avoid foreign resident withholding. If selling new residential or potential residential land, written GST withholding notice to the buyer

For Buyers

Proof of identity for VOI, signed Client Authorisation, finance approval
Contract of Sale and Section 32, reviewed before you sign, plus building and pest reports
Insurance from the day you sign, as risk settings can shift with contract terms
Digital Duties Form and any duty concessions or grants you will claim
If buying new residential property or potential residential land, lodge ATO GST withholding Forms one and two
Final inspection notes and photos to confirm the property's condition matches day of sale

Keep reading for the Melbourne specific detail that saves time, money, and a few grey hairs.

Sellers: What Your Conveyancer Will Ask You For

1. Verification of Identity and Client Authorisation

Your conveyancer must verify who you are, then get your signed Client Authorisation so they can transact for you in the electronic workspace. Bring current photo ID, and expect a quick face to face check or Australia Post VOI if you are unrepresented. You sign once, your practitioner keeps the record for at least seven years, and settlement can then run through PEXA smoothly.

2. Title, Mortgage and Lender Discharge

Provide your title reference or rates notice so we can pull a fresh register search and plan. If you have a mortgage, complete your bank's Discharge Authority straight away, as some lenders can take weeks. Your bank will prepare the electronic discharge and attend the PEXA workspace on settlement day.

3. The Section 32 Vendor Statement, With Certificates

By law, a buyer must receive a compliant Section 32 before they sign any contract. Most of the content comes from search certificates: the council Land Information Certificate for rates and valuations, a water information statement, any owners corporation certificate for apartments or townhouses, plus planning information. If a statement is defective in a material way, the buyer may have rights to rescind. A sound Section 32 prevents nasty surprises later.

4. Planning, Zoning and Overlays

Melbourne property lives and breathes zones and overlays. A Planning Property Report or a VicPlan check flags heritage overlays, flood areas, and other controls that should be disclosed. Buyers expect to see this context alongside the Section 32.

5. Owners Corporation Documents, If Applicable

Selling in a block with shared areas means you attach an owners corporation certificate with prescribed attachments. If the OC is inactive, different rules apply, yet you still need to get the disclosure right. Order this early, as managers can have queue times.

6. Building Works, Permits and Owner Builder Rules

List any building permits issued in the last seven years. If you did substantial works as an owner builder and you are selling within six years and six months of completion, you must provide a defects report and, where the value threshold is met, domestic building insurance. Buyers and banks look for these straight away.

7. Pools and Spas

Private pools and spas in Victoria must be registered with council and have barrier compliance certificates lodged every four years. If there is a current non compliance notice, that should be disclosed. Include registration details and the latest certificate where available.

8. Tenanted Properties

If selling with a renter in place, provide a copy of the lease, condition report, rental ledger, and any variations. The Section 32 and contract should make the position clear for settlement day. For timing questions about notices to vacate or continuing tenancies, see CAV or Tenants Victoria resources.

9. Tax Checkpoints: FRCGW and GST Notices

For contracts at $750,000 or above, Australian resident vendors must deliver an ATO clearance certificate to avoid the buyer withholding up to 15 per cent. If you are selling new residential premises or potential residential land, you must give the buyer a written GST withholding notice. Your conveyancer will prepare both within the standard workflow.

Buyers: Paperwork to Line Up Early

1. VOI, Client Authorisation, and Finance Approval

Just like sellers, you will complete VOI and sign a Client Authorisation so your conveyancer can sign and lodge on your behalf in the electronic workspace. Have your finance approval letter and lender's requirements handy, as banks now collaborate inside PEXA to time funds precisely.

2. Contract and Section 32, Before You Sign

Ask for a pre purchase review of the contract and Section 32. In private sales you usually have three clear business days to cool off, yet auctions and several other situations remove that right. Saturday auction culture means many homes sell without any cooling off safety net, so get advice mid week if you plan to bid.

3. Building and Pest Reports

A tidy unit can hide a leaky membrane, and a neat fence can conceal an encroachment. Order independent inspections, and if the report flags active issues, ask for conditions or walk away before you are locked in. Your conveyancer can guide edits to special conditions so they sit properly with the standard LIV contract.

4. Insurance from the Day You Sign

Victorian contracts can shift the risk of damage to the buyer earlier than you might expect, particularly where special conditions tweak the general rules. Taking out building insurance from the date of sale is a practical safeguard that lenders usually require anyway.

5. Duties: Digital Duties Form and Concessions

Victoria runs duties online. Your conveyancer will prepare the Digital Duties Form and apply within it for any concessions, such as principal place of residence or first home buyer relief. First home buyers of new builds may also be eligible for the $10,000 First Home Owner Grant, subject to value caps and residency rules.

6. GST Withholding for New Property or Potential Residential Land

If you are buying new residential premises or potential residential land, the purchaser usually withholds a portion of the price and pays it to the ATO. Your conveyancer will lodge Form one and Form two, either directly or via PEXA, and arrange payment at settlement.

7. Final Inspection Proof

Under the standard LIV contract, the property must be in the same condition as on the day of sale, fair wear and tear excepted. Take date stamped photos at contract time, then check them at your final inspection. It is a simple habit that avoids last minute arguments.

Documents Your Conveyancer Prepares Behind the Scenes

Transfer of Land, electronic: prepared in the PEXA workspace, certified, and lodged with Land Use Victoria at settlement.

Notice of Acquisition: lodged electronically to update council, water, and the State with the new ownership and mailing particulars.

Statement of Adjustments and settlement statement: pro rates council rates, owners corporation fees, and water use to the day, so each party pays for their period. This is where sharp calculations protect you.

Melbourne Quirks, Timing, and Traps to Avoid

Cooling Off, Auctions, and Quick Turnarounds

In a private sale you have three clear business days to cool off, with specific exceptions, including auctions and the three day window around them. That is why mid week reviews of documents are gold for Saturday bidders.

Early Release of Deposit: Section 27

Vendors can request early release of the deposit after providing a statutory Section 27 statement. Buyers are not obliged to agree, and the courts have made clear that clauses trying to bypass the statutory regime are invalid. If you see pressure to sign within days, pause and ask for advice.

Owners Corporation Timing

OC certificates can take time, especially in large city towers. Ordering early keeps your campaign dates and auction timetable intact.

Mortgage Discharges

Some banks need up to three weeks to process a discharge. Book it as soon as your sale is confirmed, or settlement dates can wobble.

Pools and Spas

Registration and barrier certificates are a compliance issue first and a disclosure issue second. If a non compliance notice exists, expect it to appear in the Section 32. Buyers, read it closely and price repairs in.

Buyer Checklist in Detail

Identity and funds: VOI completed, Client Authorisation signed, loan approval in hand
Paperwork review: contract and Section 32 pre checked, with any special conditions explained in plain terms
Reports: building and pest, and if you are buying in an older area, ask about council flood mapping or heritage overlays via the Planning Property Report
Insurance and timing: cover from the day you sign, diarise any finance or building condition dates, and keep an eye on auction exceptions to cooling off
Duties and grants: confirm Digital Duties Form details, PPR concession, and FHOG eligibility for new homes
New builds: GST withholding Forms one and two queued for settlement if required
Final inspection: take your photos at contract time, then check them before settlement

Seller Checklist in Detail

Identity and authority: VOI complete, Client Authorisation signed, conveyancer instructed to act for you in PEXA
Lender: Discharge Authority lodged, payout figure requested for your planned date
Section 32: current title search and plan, Land Information Certificate, water information statement, planning report, owners corporation certificate if any, plus any notices or orders
Works and warranties: list building permits from the last seven years; if owner builder within six years and six months, attach the 137B defects report and insurance
Pool/spa: provide registration and latest barrier certificate details
Tax notices: FRCGW clearance certificate if your price is $750,000 or more; GST withholding notice if selling new residential or potential residential land
Tenancies: lease pack ready if selling subject to the renter

Friendly Tips That Save You Days, Not Minutes

Order early, sleep better: OC certificates and some council certificates can take a while. Starting early saves campaign stress and keeps settlement dates firm.

Photograph condition: when tempers fray at handover about missing light fittings or a scuffed timber step, photos from the day of sale calm everyone down.

Insurance first, questions later: buyers, insurers will happily adjust details after settlement. Arranging cover at contract time means you will never be caught out by a freak storm between signing and settlement.

Know your rights on deposits: Section 27 is a request, not a demand. If the numbers do not stack up, say so in writing.

Let the tech help: duties and GST withholding now happen through recognised portals or PEXA, which makes timing and records cleaner for everyone.

Got Questions or Need a Quick Eyes On Review?

If you want a calm, Melbourne based team to keep the paperwork tidy while you pick paint colours and measure the boot space for the move, we are here to help. We offer a complimentary contract and Section 32 review, then guide you line by line through the documents you need and nothing you do not.

Pearson Chambers Conveyancing

Email: contact@pearsonchambers.com.au