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Building Inspection Clause WA: A Buyer’s Guide
By RG Settlements Team | Perth, Western Australia
A building inspection clause in WA gives a buyer only the rights written into the contract. It should identify the inspection, deadline, qualified inspector, report requirements and consequences of an adverse finding. A clause dealing only with substantial structural damage will not necessarily protect a buyer against every defect, maintenance issue or pest problem.
Key takeaways
- Include the inspection condition before the seller accepts the offer.
- The exact contract wording determines the buyer’s rights and remedies.
- A building inspection and a timber pest inspection have different scopes.
- The buyer normally arranges and pays for their own suitably qualified inspector.
- Inspection notices and any agreement with the seller should be given in writing by the contractual deadline.
What is a building inspection clause?
A building inspection clause is a special condition in the Offer and Acceptance making the transaction subject to an inspection outcome. It can describe the type of inspection required, who pays, the time for obtaining the written report and what the parties must do if a defined problem is identified.
Consumer Protection WA recommends including a condition for a satisfactory building inspection when signing a contract of sale. It says the buyer is responsible for engaging and paying a qualified person, which may be a building inspector, surveyor or architect.
Do not assume that the phrase “subject to building inspection” answers every question. Vague wording can create disagreement about the inspector’s qualifications, seriousness of the defect, notice, repairs, price adjustments and cancellation.
What should the condition address?
A properly considered inspection condition should clearly deal with the following practical matters:
- the type and scope of inspection;
- who may perform it and whether professional indemnity insurance is required;
- who pays the inspection fee;
- the deadline for completing the inspection and providing any notice;
- the defects or threshold that activate the condition;
- whether the seller may repair, negotiate or obtain another opinion;
- how completion of agreed work will be verified; and
- the consequences if the issue is not resolved.
Special conditions should be drafted precisely. Consumer Protection says they should identify what must be done, by when, who is responsible, who pays and what happens if the requirement is not completed.
Does a standard condition cover every defect?
No. Many buyers expect a building condition to provide a broad satisfaction right, but common wording may focus on substantial or major structural defects. A report can list costly problems without necessarily creating a contractual right to terminate.
Examples may include ageing services, roof maintenance, dampness, drainage, cracking that is not classified as structural, non-compliant alterations or items outside the inspector’s scope. Whether any particular finding activates a right depends on the signed condition and report.
If you need protection for a particular concern – such as an extension, swimming pool, retaining wall or known cracking – obtain appropriate professional advice before signing. Do not rely on a generic condition to address a specific risk.
Is a pest inspection included?
Not automatically. A building inspection and a timber pest inspection are different services. Consumer Protection says a professional pest inspection checks for termites, European house borers and other infestations and should follow the national standard for timber pest inspections and reports, AS 4349.3.
If you want both reports, the contract should provide for both. Check whether the pest condition addresses current activity, previous damage, inaccessible areas and recommended treatment, and what contractual consequence follows from the relevant finding.
What happens after the inspector reports defects?
Your available options come from the inspection condition. A report alone does not rewrite the contract. Depending on the wording and findings, the next step might involve written notice, further assessment, repairs, treatment, price negotiation, confirmation that the condition has been satisfied, or legal advice about termination.
Consumer Protection recommends recording negotiations and agreements in writing, including who will perform and pay for repairs, when work must be completed and whether another inspection is required before settlement.
Do not instruct a contractor, withhold settlement funds or announce cancellation without advice. The report must be matched carefully against the contractual test and notice requirements.
What if the contract has no inspection condition?
If the O&A does not contain a condition dealing with the inspection findings, Consumer Protection advises seeking legal advice. Discovering a problem after acceptance does not automatically provide a right to withdraw.
There may be other issues involving representations, disclosure, statutory obligations or serious safety matters, but those questions are fact-specific. A settlement agent should identify when a solicitor or other specialist is required.
How do you choose an inspector?
Look for a suitably qualified, independent professional with appropriate experience and professional indemnity insurance. Ask what the inspection excludes, whether inaccessible areas are reported, how urgent issues are classified and when the written report will be delivered.
Allow enough time for access, inspection, the report and any contractual response. A deadline that expires before the report is understood can significantly weaken the practical benefit of the condition.
Is this the same as the final inspection?
No. A pre-purchase building inspection investigates the condition of the property and possible defects. A final inspection shortly before settlement generally checks that the property remains in the required condition and that agreed contractual work or included items are present.
Learn more about RG Settlements’ buyer settlement service. We monitor relevant contractual dates as part of the conveyancing process, but technical findings must come from the appropriate inspector.
Frequently asked questions
Can I cancel if the report lists defects?
Only if the signed condition or another legal right permits it. The number or repair cost of defects does not automatically decide the contractual outcome.
Can the seller choose the inspector?
The contract may allocate responsibility, but buyers commonly engage their own independent inspector. Read the clause before arranging access or incurring fees.
Can the seller repair the problem instead of cancelling?
Possibly. Some conditions give the seller an opportunity to remedy defined defects. The procedure and standard of repair depend on the contract and any written agreement.
What if the inspection deadline is about to expire?
Contact your settlement agent and obtain legal advice immediately. An extension is not automatic and must be properly agreed before you rely on it.
Check the clause before you sign
The inspection report can only protect you as effectively as the contract condition allows. Decide what matters to you, use the right specialist and make the required process clear before acceptance.
Ask RG Settlements to review the settlement implications and important dates before signing your WA property offer.
This article is general information only and not legal or financial advice. For advice about your specific situation, please get in touch with our team.
Authoritative sources
About RG Settlements
RG Settlements assists buyers and sellers with property settlement and conveyancing in Perth and Western Australia. Meet our team or request a settlement quote.
What to Know Before Making a Property Offer in WA
By RG Settlements Team | Perth, Western Australia
Before making a property offer in WA, check the price, deposit, finance condition, inspection rights, settlement date and every special condition. Western Australia has no mandatory cooling-off period for ordinary real estate contracts. Once the seller accepts the offer and acceptance is communicated, the contract is generally binding on both parties.
Key takeaways
- There is no general mandatory cooling-off period for ordinary WA property contracts.
- The Offer and Acceptance and the incorporated General Conditions should be read together.
- A finance condition, building inspection or subject-to-sale protection must be recorded clearly in the contract.
- A seller can choose between competing offers and does not have to accept them in the order received.
- Making more than one offer can expose a buyer to more than one binding contract.
When does a WA property offer become binding?
A written offer is normally made using the Contract for Sale of Land or Strata Title by Offer and Acceptance, commonly called the O&A. The seller can reject it, accept it or make a counter-offer. Consumer Protection WA says the signed O&A becomes binding once the parties agree on the terms and the seller’s acceptance is communicated to the buyer.
You can generally withdraw an offer before the seller signs and communicates acceptance. Timing can be disputed, so do not rely on an informal message or assumption. If you want to withdraw, obtain advice and give clear written notice immediately.
Is there a cooling-off period in WA?
No general mandatory cooling-off period applies to ordinary real estate contracts made in Western Australia. Consumer Protection WA says that a cooling-off period only applies if the parties agree to insert one into the contract.
This is different from practices buyers may have heard about in some eastern states. Do not sign on the assumption that you will automatically have several days to reconsider. Your protection should be negotiated before acceptance through carefully drafted conditions and proper due diligence.
What should you check before signing?
1. The buyer’s name and ownership structure
Confirm the exact legal name of every purchaser. If a company, trust or SMSF may be used, obtain legal, tax, lending and financial advice before the offer is signed. Changing the purchaser later can create duty, finance, nomination, authority and AML complications.
2. Finance
If a loan is required, the contract should contain an appropriate finance condition. Check the lender, required amount and deadline. Consumer Protection warns buyers not to make a cash offer when finance is required without professional advice.
Pre-approval is helpful but is not always unconditional approval for the particular property. A lender may still require valuation, documents or other conditions.
3. Building and pest inspections
Decide what inspections you need, who will perform them, who will pay and what happens if the report identifies a problem. A condition limited to substantial structural damage may not protect you against every expensive defect, pest issue or non-compliant alteration.
4. Settlement date and other deadlines
Check that the proposed settlement date is realistic for finance, duty, identification, document signing and mortgage discharge. Record clear deadlines for finance, inspections, sale of another property and any work the seller must complete.
5. Deposit
The contract should state the deposit amount, due date and deposit holder. The contract deposit is different from the deposit or equity required by your lender. Do not transfer funds based only on emailed bank details; independently verify the trust account using a known telephone number.
6. Fixtures, chattels and excluded items
Record what stays with the property and what the seller will remove. Items such as appliances, solar equipment, sheds, security systems and pool equipment can cause disagreement if the contract is silent.
7. Title, strata information and property use
Review the title, encumbrances and any relevant strata disclosure. Consider easements, restrictive covenants, leases, proposed developments and whether the property suits your intended use. A settlement agent handles the conveyancing process, but planning, building, structural and complex legal issues may require separate specialists.
Should you make offers on more than one property?
There is no blanket WA law saying a buyer may have only one outstanding offer. The real danger is contractual: if two sellers accept, the buyer may become legally bound to purchase both properties.
Consumer Protection confirms that a seller may receive several offers and can accept any one of them or none. If you are considering multiple offers, obtain legal advice about expiry, withdrawal and conditions rather than relying on a verbal understanding.
Why involve a settlement agent before signing?
Early involvement allows practical settlement issues to be identified before they become fixed contractual obligations. Your proposed buyer name, settlement date, finance details, inspection condition and special requirements can be checked from a conveyancing perspective.
A settlement agent does not replace a solicitor where you need legal advice or tailored clause drafting. RG Settlements can explain the settlement implications and identify when a matter should be referred for legal, tax, financial or building advice.
Learn more about our residential buying settlement service or use our WA stamp duty calculator for an initial estimate.
Frequently asked questions
Can I change my mind after the seller accepts?
Usually not simply because you changed your mind. Any termination right depends on the contract, an applicable condition or another legal ground. Obtain urgent legal advice before attempting to terminate.
Does paying no deposit mean there is no contract?
No. Consumer Protection states that a deposit is not mandatory. A binding contract can exist even where no deposit was required or the deposit has not yet been paid.
Does a finance condition guarantee I can withdraw?
No. The exact wording, application requirements, lender response, notices and deadlines matter. Tell your settlement agent immediately if finance is delayed or refused.
Who chooses the buyer’s settlement agent?
The buyer has the right to choose their own settlement agent or solicitor and can nominate that professional in the O&A.
Before you put pen to paper
A strong offer is not only about price. Clear conditions and realistic dates can protect the transaction and reduce uncertainty for everyone involved.
Send RG Settlements the proposed contract before signing, or appoint us as soon as your offer is accepted. We assist property buyers from Victoria Park across Perth and Western Australia.
This article is general information only and not legal or financial advice. For advice about your specific situation, please get in touch with our team.
Authoritative sources
About RG Settlements
RG Settlements assists buyers and sellers with property settlement and conveyancing in Perth and Western Australia. Meet our team or request a settlement quote.
First Home Buyer Settlement in WA: A Step-by-Step Guide
Published by RG Settlements — property settlement services in Victoria Park, Perth and across Western Australia.
Archive note: This article was originally published on the date shown. Rules, eligibility criteria and market conditions may have changed; confirm current requirements before acting.
Buying your first home in Perth is exciting — and a little nerve-wracking. Once your offer is accepted, “settlement” is the part that can feel like a black box. What actually happens, who does what, and what do you need to do? Here’s the whole journey, step by step.
The short answer: first home buyer settlement in WA is the process of legally transferring a property into your name after your offer is accepted. It runs from signing the contract and sorting finance, through searches, paperwork and transfer duty, to settlement day itself — usually completed electronically — when ownership transfers and you get the keys. A licensed settlement agent handles most of it for you.
Key takeaways
- “Settlement” is the stage after your offer is accepted, when ownership is legally transferred to you and the price is paid.
- In WA, a licensed settlement agent (conveyancer) handles the process — searches, documents, transfer duty and settlement day.
- First home buyers may be eligible for the First Home Owner Grant (up to $10,000 for new homes) and a stamp duty concession; both are administered by RevenueWA.
- WA announced higher first home buyer duty thresholds in the May 2026 Budget; the FHOG value cap increase applied from 7 May 2026, while the duty threshold increases are estimated to commence on 28 July 2026.
- Most WA settlements are completed electronically through PEXA, with the transfer registered by Landgate.
What is settlement, and how long does it take?
Settlement is the final step of buying a home: the day the balance of the purchase price is paid and ownership is legally transferred to you. In WA, the time between your offer being accepted and settlement is usually a matter of weeks, set by the date in your contract — though the exact timeframe depends on your contract and finance.
Your settlement agent — that’s us — coordinates the moving parts so everything lines up for that day.
Your step-by-step first home buyer settlement in WA
Here’s how the journey typically runs for a first home buyer in Perth.
1. Sort your finance first
Before you make an offer, talk to your lender or mortgage broker about pre-approval, so you know your budget. Pre-approval is an early indication of what you can borrow — it’s not the same as formal approval for a specific property.
2. Make your offer (the contract)
In WA, you make an offer using the standard Offer and Acceptance (O&A) contract. Most first home buyers make their offer “subject to finance,” meaning the contract depends on your loan being approved by a set date. You’ll usually pay a deposit at this stage.
3. Appoint your settlement agent
You can choose your own settlement agent — you don’t have to use anyone the seller or real estate agent suggests. Appointing us early means we can guide you from the start. We handle the conveyancing: the legal process of transferring ownership. It’s what we do every day for residential buyers.
4. Get your finance formally approved
Once your lender gives formal approval and you (or your broker) confirm it by the finance date in the contract, the contract becomes unconditional. From here, you’re committed to settling.
5. We do the behind-the-scenes work
This is where your settlement agent earns their keep. We:
- conduct searches and enquiries (including with Landgate, the WA land registry);
- prepare and check the transfer documents;
- calculate adjustments so council rates, water rates and other costs are split fairly with the seller;
- liaise with your bank and the seller’s representative; and
- attend to transfer duty (stamp duty) with RevenueWA.
6. Claim your first home buyer benefits
If you’re eligible, this is when your grant and duty concession are dealt with:
- First Home Owner Grant (FHOG): according to RevenueWA, this is a one-off payment of up to $10,000 for eligible buyers building or buying a new home — it isn’t available for established homes. There’s no income or assets test, but a property value cap and residence requirements apply.
- First home owner rate of duty: eligible first home buyers pay reduced or no transfer duty up to set thresholds. You can estimate your duty using our stamp duty calculator.
Heads-up on timing: WA announced more generous first home buyer changes in the May 2026 State Budget. The FHOG value cap increase applied from 7 May 2026, while the higher duty thresholds are estimated to commence on 28 July 2026. If you settle before the duty changes commence, eligible transactions can be reassessed for a refund afterwards.
7. Do your pre-settlement inspection
Before settlement, you’re generally entitled to inspect the property to check it’s in the agreed condition. Tell us promptly if something isn’t right, so it can be raised before settlement.
8. Settlement day
On the agreed date, settlement is completed — these days usually electronically through PEXA (the platform used for e-conveyancing). Funds are transferred, the transfer is lodged, and once Landgate registers it, ownership is yours. Then comes the best step: getting your keys.
Who does what: settlement agent, broker and lender
It helps to know the roles. Your lender or mortgage broker arranges your finance. Your settlement agent (us) handles the settlement and conveyancing. If a complex legal question comes up — beyond the settlement itself — that’s when a solicitor may be needed, and we’ll tell you if so.
Frequently asked questions
What does settlement mean for a first home buyer in WA? Settlement is the process of legally transferring a property into your name after your offer is accepted. It covers searches, documents, transfer duty and settlement day, when the price is paid and ownership transfers. A licensed settlement agent handles it for you.
Do first home buyers pay stamp duty in WA? Eligible first home buyers pay reduced or no transfer duty up to set thresholds administered by RevenueWA. WA announced higher thresholds in the May 2026 Budget, estimated to commence on 28 July 2026; until then the existing thresholds apply, with a refund available afterwards for eligible transactions.
How much is the First Home Owner Grant in WA? According to RevenueWA, the FHOG is a one-off payment of up to $10,000 for eligible buyers building or buying a new home. It isn’t available for established homes, and a property value cap and residence requirements apply.
Do I need a settlement agent or a solicitor as a first home buyer? For a standard first home purchase, a licensed settlement agent is who most Western Australians use. A solicitor is better suited to disputes or complex legal questions — and a good settlement agent will tell you if your situation calls for one.
Ready to take the next step?
Buying your first home shouldn’t feel overwhelming. We’re a licensed settlement agency in Victoria Park, and we guide first home buyers across Perth and WA through settlement in plain English — answering the “what happens now?” questions at every stage. Learn more about how we handle a residential purchase, or get in touch and we’ll help you feel confident about what’s ahead.
This article is general information only and not legal or financial advice. For advice about your specific situation, please get in touch with our team.
Planning a property settlement in WA? Get a settlement quote from RG Settlements and speak with our Victoria Park team about your purchase, sale or property transfer.
Buying ‘Subject to Finance’ in WA: What It Really Means
Published by RG Settlements — property settlement services in Victoria Park, Perth and across Western Australia.
Archive note: This article was originally published on the date shown. Rules, eligibility criteria and market conditions may have changed; confirm current requirements before acting.
You’ve found the place, made an offer “subject to finance,” and now you’re wondering what you’ve actually committed to. Can you still walk away if the loan doesn’t come through? Do you get your deposit back? It’s one of the most common worries we hear from Perth buyers, so let’s make it clear.
The short answer: buying “subject to finance” in WA means your purchase contract is conditional on you obtaining loan approval by a date set in the contract. If your finance is approved, the sale moves ahead. If it’s genuinely knocked back and you’ve met your obligations under the finance clause, you can usually end the contract and have your deposit returned.
Key takeaways
- “Subject to finance” means the contract only proceeds if you obtain loan approval by the date (the “latest time”) set out in your offer and acceptance contract.
- In WA, this sits in the finance clause of the standard contract published by REIWA and the Law Society of Western Australia.
- You must apply for finance promptly — through a lender or a mortgage broker — and give notice of approval or non-approval by the deadline.
- If finance is genuinely declined and you’ve met your obligations, you can usually terminate and recover your deposit; if you haven’t, you may put it at risk.
- Consumer Protection (WA) warns buyers never to make a cash (unconditional) offer when they actually need finance, without professional advice.
What does “subject to finance” mean in WA?
“Subject to finance” is a condition in your purchase contract that makes the sale dependent on you obtaining loan approval. Until that condition is met (or waived), you’re not locked into completing the purchase — provided you follow the rules in the clause.
In Western Australia, most homes are bought using the standard “Contract for Sale of Land or Strata Title by Offer and Acceptance” (the O&A) together with the Joint Form of General Conditions for the Sale of Land. According to Consumer Protection (WA), these two documents together form the standard WA contract, and the finance terms sit in the section headed “Subject to Finance.” The O&A wording is owned by REIWA; the general conditions are owned jointly by REIWA and the Law Society of Western Australia.
When you make your offer, the contract records whether the finance clause applies and, if so, key details such as the loan amount and the latest date for finance approval.
What do you have to do as the buyer?
This is the part buyers most often miss: “subject to finance” isn’t a free pass to wait and see. You have active obligations. Broadly, you need to:
- Apply for finance promptly after the contract is accepted — you can apply through a lender or, since the 2022 contract update, through a mortgage broker.
- Genuinely pursue approval rather than sitting on your hands.
- Give notice of whether finance was approved or not approved by the deadline in the contract.
If you don’t apply in time, or don’t follow the clause, you can lose the protection it gives you — which may leave you bound to the purchase even if finance later falls through. If you’re ever unsure what your contract requires, ask before the deadline, not after. =
What happens if your finance falls through?
If finance is approved
You (or your broker) give notice that finance is approved, the condition is satisfied, and the contract becomes unconditional. From there it heads towards settlement — the stage we handle for you as your settlement agent.
If finance is knocked back
If your finance is genuinely declined and you’ve met your obligations under the clause, you can usually end the contract and have your deposit refunded. The key is that the refusal is genuine and that you followed the clause’s requirements — applying properly and giving notice on time. Because the detail depends on your specific contract and circumstances, it’s worth getting guidance rather than assuming.
Should you ever make a “cash” offer if you need finance?
Short answer: not without advice. A “cash” or unconditional offer means there’s no finance clause protecting you — so if your loan doesn’t come through, you could still be bound to complete, and your deposit could be at risk.
Consumer Protection (WA) is blunt on this point: you should never make a cash offer to secure a property when you actually need finance, even if you’re confident of approval, without taking professional advice. In a competitive Perth market it can be tempting to drop the finance clause to make your offer stronger — just understand the risk before you do.
How can you protect yourself?
A few practical steps make “subject to finance” work for you:
- Get your finance moving early. Talk to your lender or mortgage broker before, or as soon as, you make an offer.
- Be specific in the clause. Consumer Protection (WA) warns that a vaguely worded finance condition could leave you bound to accept a loan on unreasonable terms. Recording details such as the loan amount helps protect you. [VERIFY: confirm current recommended fields against the live form.]
- Set a realistic finance date. Allow enough time for approval; if you need longer, an extension generally requires the seller’s agreement.
- Budget for the full cost. Beyond the loan, factor in transfer duty and other settlement costs — our stamp duty calculator gives you a quick estimate.
- Keep everyone in the loop. Tell your settlement agent and broker promptly so deadlines aren’t missed.
Remember: your lender or mortgage broker arranges the finance, while your settlement agent handles the settlement once the contract is unconditional. They’re different roles, and lining both up early keeps things smooth. If a complex legal question comes up, that’s where a solicitor may be needed — and we’ll tell you if so.
Frequently asked questions
What does “subject to finance” mean when buying property in WA? It means your purchase contract is conditional on you obtaining loan approval by a date set in the contract. If finance is approved, the sale proceeds; if it’s genuinely declined and you’ve met your obligations, you can usually end the contract and recover your deposit.
Do I get my deposit back if my finance is declined in WA? Usually yes — provided the refusal is genuine and you’ve complied with the finance clause (applying properly and giving notice on time). If you didn’t meet those obligations, your deposit could be at risk, so get advice before the deadline passes.
Can I apply through a mortgage broker, not just a bank? Yes. Since the 2022 update to WA’s standard contract, you can make your finance application through a lender or a mortgage broker, and a broker can provide the relevant approval or non-approval notice.
Is “subject to finance” the same as pre-approval? No. Pre-approval is an early indication from a lender before you buy; “subject to finance” is a condition in your contract. You can hold pre-approval and still need formal approval for the specific property by the contract deadline.
We’ll help you through the next step
Once your offer is accepted and finance is sorted, the settlement process begins — and that’s where we come in. We’re a licensed settlement agency in Victoria Park, guiding Perth buyers through every step in plain English. If you’ve got a contract in front of you and want to understand your obligations, get in touch or learn more about how we handle a residential purchase.
This article is general information only and not legal or financial advice. For advice about your specific situation, please get in touch with our team.
Planning a property settlement in WA? Get a settlement quote from RG Settlements and speak with our Victoria Park team about your purchase, sale or property transfer.
EOFY and Property in WA: What to Know Before 30 June
Published by RG Settlements — property settlement services in Victoria Park, Perth and across Western Australia.
Archive note: This article was originally published on the date shown. Rules, eligibility criteria and market conditions may have changed; confirm current requirements before acting.
The end of the financial year is creeping up, and if you’re buying or selling property in Perth you might be wondering whether 30 June is a date you need to worry about. Maybe your settlement is landing right around then, and you’re not sure whether the timing helps you or costs you.
The short answer: for most people, EOFY and property in WA comes down to a few specific things — chiefly land tax, which is worked out based on who owns the land at midnight on 30 June, plus some tax-timing matters worth raising with your accountant. It’s rarely a crisis, but a little awareness can save you money and stress. Here’s what actually matters.
Key takeaways
- WA land tax is assessed on the land you own at midnight on 30 June; your principal place of residence is generally exempt.
- For an investment property or vacant land, your settlement date around 30 June can affect who carries the next year’s land tax.
- At settlement, land tax, council rates and water rates are apportioned between buyer and seller.
- Capital gains tax timing is generally tied to the contract date, not the settlement date — a question for your accountant.
Does EOFY really matter for property in WA?
For your everyday home, usually not much. If the property is your principal place of residence (the home you live in), it’s generally exempt from WA land tax, so the 30 June date doesn’t change a great deal for owner-occupiers.
Where EOFY and property in WA start to matter is with investment properties, vacant land, deceased estates, and settlements that happen to fall right around 30 June. That’s where timing can genuinely affect your costs.
The 30 June date that matters most: land tax
Land tax is an annual WA state tax (administered by RevenueWA) on land you own that isn’t your principal place of residence — think investment properties and vacant land. Your own home is generally exempt.
Here’s the key part: land tax is assessed on the land you own at midnight on 30 June, for the following financial year. A few things follow from that:
- Your principal place of residence is generally exempt.
- Land tax only applies once your total taxable land is valued above the tax-free threshold (currently $300,000), with the holdings you own aggregated — that is, added together.
- If you sell land during the year, you can still be liable based on what you owned on the previous 30 June.
If you’re selling
Because ownership is tested at midnight on 30 June, your settlement date can matter. Broadly, if your sale settles on or before 30 June, you’re no longer the owner at that midnight cut-off — which affects who carries the land tax for the next assessment year. If it settles just after, you may still be the owner at 30 June.
We’re not tax advisers, so we won’t tell you to rush or delay a settlement. But if you’re selling an investment property close to 30 June, it’s worth understanding how your settlement date interacts with land tax. We can talk you through the settlement side when we handle your property sale.
If you’re buying
If you’re buying an investment property or vacant land, you’re stepping into the land tax system for that property going forward. At settlement, land tax — along with council rates and water rates — is usually adjusted between buyer and seller so each pays for their share of the period. That’s something we sort out as part of a residential purchase.
Settlement timing around 30 June
EOFY is a busy stretch. A few practical things help:
- Book in early. Finance approvals, searches and settlement bookings can take longer when everyone’s trying to settle before 30 June. Giving yourself runway reduces the risk of delays.
- Know your adjustments. At settlement, ongoing costs such as council and water rates, strata levies and land tax are apportioned between buyer and seller, so neither pays for time they didn’t own.
- Most WA settlements are now electronic. Through PEXA (the online platform used for e-conveyancing), settlements are lodged and completed digitally, which is generally smoother — but it still relies on everyone being ready on time.
Tax matters to raise with your accountant
This is where we hand the baton to your accountant or tax agent, because these are federal tax questions rather than settlement matters. They’re still worth knowing to ask about before 30 June:
- Capital gains tax (CGT) timing. For a property sale, the CGT “event” is generally tied to the contract date, not the settlement date. That can affect which financial year a capital gain or loss falls into. If you’re selling an investment, ask your accountant how the timing works for you.
- Deductions and depreciation. Investors often review prepaid expenses, repairs and depreciation before EOFY. Your accountant can advise what applies to your situation.
We mention these only so you know what to ask — for advice on your numbers, your accountant is the right person.
What about stamp duty?
Stamp duty (transfer duty) isn’t tied to the financial year, so 30 June doesn’t create a duty deadline. It’s worth knowing, though, that WA’s duty settings for first home buyers and off-the-plan purchases have been changing through 2026, so the amount payable depends on your circumstances and timing. Our stamp duty calculator is a handy place to start for an estimate.
Your quick EOFY property checklist
- Owner-occupier in your own home? The 30 June land tax date generally doesn’t affect you.
- Selling an investment or land near 30 June? Understand how your settlement date interacts with land tax.
- Buying an investment or land? Expect land tax and rates to be adjusted at settlement.
- Settling around EOFY? Book early and keep your paperwork moving.
- An investor? Line up a chat with your accountant about CGT timing and deductions.
Frequently asked questions
Do I pay land tax on my own home in WA? Generally no. Your principal place of residence is usually exempt. Land tax mainly applies to investment properties, vacant land and other non-exempt land you own at midnight on 30 June.
Does settling before 30 June save me money? It depends on your situation. For land tax, ownership is tested at midnight on 30 June, so your settlement date can affect who carries the liability — but it isn’t a blanket “settle early and save.” It’s best to check how it applies to your specific sale or purchase.
Is the CGT date my settlement date? For most property sales, the capital gains tax event is generally linked to the contract date rather than settlement. The detail matters, so confirm with your accountant.
Is a settlement agent the same as an accountant or solicitor? No. A licensed settlement agent (conveyancer) handles the property settlement itself. An accountant advises on tax, and a solicitor provides broader legal advice. For your settlement, we’re the people in your corner — and we’ll point you to the right professional for anything outside that.
Talk to a local team before 30 June
If your settlement is landing near EOFY, or you just want to understand how 30 June affects your purchase or sale, we’re happy to help. We’re a Victoria Park settlement agency who guide Western Australians through this every day, in plain English. Get in touch and we’ll walk you through your situation.
This article is general information only and not legal or financial advice. For advice about your specific situation, please get in touch with our team.
Planning a property settlement in WA? Get a settlement quote from RG Settlements and speak with our Victoria Park team about your purchase, sale or property transfer.
Navigating Property Settlements in Perth: A Step-by-Step Guide
Published by RG Settlements — property settlement services in Victoria Park, Perth and across Western Australia.
Archive note: This article was originally published on the date shown. Rules, eligibility criteria and market conditions may have changed; confirm current requirements before acting.
Whether you’re buying or selling property in Perth, understanding the property settlement process in Western Australia is crucial. A smooth property transaction depends on accurate paperwork, legal compliance, and clear communication between all parties involved. At RG Settlements, we specialise in simplifying this process for our clients.
In this guide, we break down the step-by-step process of property settlement in Perth, helping you feel informed and confident from start to finish.
What is Property Settlement?
Property settlement is the legal process of transferring ownership of real estate from the seller to the buyer. In Western Australia (WA), this is typically handled by a licensed settlement agent or conveyancer, such as the experienced team at RG Settlements.
Step-by-Step Guide to Property Settlement in Perth
Contract Acceptance
Once both parties sign the Offer and Acceptance (O&A) contract, the terms become legally binding. This includes the purchase price, finance clauses, building inspections, and settlement date.
✅ Tip: Engage a settlement agent early to review contract terms and flag potential issues.
Satisfying Conditions
If your contract is subject to conditions (e.g. finance approval or building inspection), these must be met within the specified timeframe. Failing to do so can result in the contract becoming void.
Title Search and Due Diligence
Your settlement agent will conduct a title search to confirm legal ownership, ensure no encumbrances exist, and verify property boundaries.
Liaising With Banks and Lenders
If you’re financing the property, your conveyancer will liaise with your lender to arrange funds and ensure the mortgage is registered correctly.
Document Preparation and Verification
All legal documents required for transfer of land and payment of stamp duty (transfer duty) are prepared. These must be signed, verified, and submitted before settlement can proceed.
Calculating Adjustments
Your settlement agent will calculate adjustments for council rates, water usage, and other applicable costs, ensuring both parties pay only their share.
Final Inspection
Buyers are entitled to a final inspection of the property to ensure it’s in the agreed condition prior to settlement.
Settlement Day
On the agreed settlement date, your agent will exchange funds and lodge the required documents with Landgate to formally transfer ownership.
✅ After successful settlement, you or your agent will be notified, and you can collect the keys to your new property.
Why Choose RG Settlements for Property Settlement in Perth?
✅ Licensed & Experienced Conveyancers
✅ Clear Communication Throughout
✅ Competitive, Transparent Fees
✅ Fast Turnaround & Compliance Focused
At RG Settlements, we understand how stressful buying or selling property can be. Our goal is to simplify the process, protect your interests, and ensure a seamless property transfer in accordance with WA laws.
Need Help with Property Settlement in Perth?
Contact RG Settlements today for a free consultation with one of our experienced settlement agents in Perth. We’ll guide you through the entire process — professionally, efficiently, and with your best interest in mind.
Planning a property settlement in WA? Get a settlement quote from RG Settlements and speak with our Victoria Park team about your purchase, sale or property transfer.
WA Government Makes Home Ownership More Affordable for First Home Buyers
Published by RG Settlements — property settlement services in Victoria Park, Perth and across Western Australia.
Archive note: This article was originally published on the date shown. Rules, eligibility criteria and market conditions may have changed; confirm current requirements before acting.
First home buyers in Western Australia are set to save thousands thanks to major stamp duty reforms announced by the WA Labor Government.
Effective from 21 March 2025, these long-awaited changes are the first major housing policy from the newly elected government and aim to make property ownership more achievable for thousands of Western Australians. With increased stamp duty exemptions and concessions now in effect, up to 22,000 buyers are expected to benefit—some saving as much as $18,000.
At RG Settlements, we’re here to help you navigate these changes and take advantage of the new opportunities, whether you’re buying your first home, a new off-the-plan apartment, or investing in vacant land.
What Are the New Stamp Duty Exemptions?
Here’s what you need to know about the changes coming into effect from 21 March 2025:
For First Home Buyers Purchasing Houses:
For First Home Buyers Purchasing Vacant Land:
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Stamp duty exemption on land up to $350,000 (previously $300,000)
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Stamp duty concession on land up to $450,000 (previously $400,000)
These reforms mean eligible buyers will pay no stamp duty at all on qualifying properties, saving nearly $18,000 in upfront costs.
Stamp Duty Concessions for Off-the-Plan Apartments and Townhouses
In a further move to boost housing supply and encourage urban density, the Government has also expanded stamp duty concessions for off-the-plan dwellings purchased before or during construction. These now include:
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100% stamp duty exemption for homes purchased before construction up to $750,000, tapering to a 50% concession above $850,000
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75% concession for homes purchased during construction up to $750,000, tapering to a 37.5% concession above $850,000
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For the first time, strata townhouses are included in this initiative
These expanded concessions will apply to off-the-plan purchases made between 21 March 2025 and 30 June 2026.
Why These Changes Matter
According to Premier Roger Cook, the reforms are designed to address WA’s rapidly growing population and the pressures it places on the housing market.
“These sensible changes will deliver real savings for Western Australians looking for their first home, helping to turn the dream of home ownership into reality for thousands of people each year.”
The updates also aim to stimulate the construction sector and increase housing choice, including for downsizers and investors looking for modern, low-maintenance homes.
What Should First Home Buyers Do Now?
If you’re planning to purchase a home, land or off-the-plan property in the coming months, now is the time to get prepared. With thousands expected to take advantage of these changes, having your finance, paperwork and settlement agent ready will help you move quickly when the right property appears.
At RG Settlements, we assist first home buyers every step of the way—from reviewing contracts to completing your settlement and ensuring all eligible stamp duty savings are secured. If you’ve already settled under the old thresholds, you may even be eligible for a refund once legislation is finalised.
Need Expert Help Navigating These Changes?
Whether you’re buying your first home or investing in new property, our team at RG Settlements is here to help you understand your entitlements, maximise your savings, and handle the legal and settlement process with confidence.
Contact us today
Planning a property settlement in WA? Get a settlement quote from RG Settlements and speak with our Victoria Park team about your purchase, sale or property transfer.
Buying Vacant Land in WA – What You Need to Know
Published by RG Settlements — property settlement services in Victoria Park, Perth and across Western Australia.
Archive note: This article was originally published on the date shown. Rules, eligibility criteria and market conditions may have changed; confirm current requirements before acting.
Buying vacant land in Western Australia presents a unique opportunity to build a home, invest, or develop a business. However, ensuring that the land meets legal and zoning requirements is crucial before committing to the purchase. At RG Settlements, we guide buyers through the legal and financial considerations to make informed decisions.
Key Considerations When Buying Vacant Land
1. Choosing the Right Location
- Proximity to schools, public transport, and commercial hubs can significantly impact land value.
- Future developments in the area may influence the long-term investment potential.
- Zoning laws vary between suburban, commercial, and rural lots, affecting what can be built on the land.
2. Understanding Land Features and Infrastructure
- Size, shape, and slope: A flat block is generally easier and more cost-effective to build on, whereas sloped land may require additional engineering work.
- Utilities and services: Ensure access to water, power, roads, and internet services. Rural land may require costly connections.
- Survey reports and soil testing: Flood zones, soil stability, and other environmental factors can significantly impact construction feasibility and costs.
3. Additional Costs Beyond the Purchase Price
- Land surveys and soil reports to determine build readiness.
- Council approvals and development applications.
- Holding costs: If the land is not developed immediately, buyers must budget for ongoing loan repayments and maintenance.
4. Securing Financing for Vacant Land
- Some lenders impose stricter conditions on vacant land loans compared to standard home loans.
- Buyers should consider loan repayments, additional costs, and long-term financial commitments.
- Vacant land generally appreciates at a slower rate than developed properties, impacting resale value.
5. Zoning and Development Restrictions
- Council zoning laws dictate what can be built and how the land can be used.
- Restrictions on granny flats, subdivision, or business use should be verified before purchasing.
- Zoning laws are subject to change, so buyers should check for future council planning developments.
Why Legal Advice Matters
Failing to assess zoning laws, infrastructure limitations, or hidden costs can turn a great investment into a financial burden. Before signing a contract, buyers should consult with a property lawyer to:
- Review title deeds, zoning restrictions, and local regulations.
- Ensure compliance with environmental and planning laws.
- Advise on contract terms to safeguard the buyer’s interests.
How RG Settlements Can Assist You
- Expert legal due diligence on vacant land purchases.
- Review of zoning laws, council approvals, and property restrictions.
- Guidance on contract negotiations and financial obligations.
Planning to buy vacant land? Contact RG Settlements today for professional legal advice to ensure a smooth purchase process.
Planning a property settlement in WA? Get a settlement quote from RG Settlements and speak with our Victoria Park team about your purchase, sale or property transfer.
Why You Should Never Skip the Final Property Inspection
Published by RG Settlements — property settlement services in Victoria Park, Perth and across Western Australia.
Archive note: This article was originally published on the date shown. Rules, eligibility criteria and market conditions may have changed; confirm current requirements before acting.
Buying a property is a significant investment, and before settlement, conducting a final inspection is essential to ensure you are getting exactly what you paid for.
Why a Final Inspection Matters
1. Contract Compliance
- Ensure that the seller has fulfilled all agreed-upon repairs and conditions.
- Any missing or incomplete work should be addressed before settlement.
2. Verify Functionality of Fixtures and Utilities
- Test lighting, plumbing, gas, air conditioning, and appliances.
- Confirm that essential utilities are in working order to avoid post-settlement surprises.
3. Identify Any New Damage or Missing Items
- Inspect the property for any new cracks, leaks, or structural issues that may have arisen since the initial agreement.
- Ensure that fixtures, fittings, and landscaping are in the expected condition.
Final Inspection Checklist
- Structural Integrity: No new cracks, water damage, or major defects.
- Utilities & Appliances: Test water pressure, heating/cooling, lights, and kitchen appliances.
- Doors & Windows: Confirm they open, close, and lock securely.
- Fixtures & Fittings: Ensure everything listed in the contract is present and undamaged.
- Cleanliness & Rubbish Removal: The property should be vacated and free from unwanted items.
What to Do If Issues Arise
- Notify your conveyancer or real estate agent immediately.
- Negotiate solutions with the seller, including repairs, compensation, or price adjustments.
- Seek legal support if disputes arise that could delay settlement.
Why RG Settlements?
- Expert legal guidance to ensure compliance with all contractual obligations.
- Negotiation support to resolve pre-settlement disputes.
- Comprehensive property law assistance to safeguard your investment.
Need help with your final property inspection or settlement? Contact RG Settlements today for expert legal advice.
Planning a property settlement in WA? Get a settlement quote from RG Settlements and speak with our Victoria Park team about your purchase, sale or property transfer.
Key Differences Between Joint Tenancy and Tenants in Common
Published by RG Settlements — property settlement services in Victoria Park, Perth and across Western Australia.
Archive note: This article was originally published on the date shown. Rules, eligibility criteria and market conditions may have changed; confirm current requirements before acting.
When purchasing property with a spouse, partner, friend, or family member, selecting the right ownership structure is crucial. The choice between Joint Tenancy and Tenants in Common impacts your property rights, financial obligations, and inheritance planning.
1. Joint Tenancy
- Equal ownership: All co-owners hold equal shares in the property.
- Right of survivorship: If one owner passes away, their share automatically transfers to the surviving owner(s), bypassing estate claims.
- Best suited for: Married couples and long-term partners seeking seamless asset transfer without probate complexities.
2. Tenants in Common
- Flexible ownership: Shares can be split unequally, such as 70/30, based on each party’s financial contribution.
- Estate planning control: If one owner passes away, their share becomes part of their estate, following their Will or intestacy laws.
- Best suited for: Business partners, siblings, friends, or blended families who require tailored inheritance planning.
Choosing the Right Ownership Structure
- If you want automatic ownership transfer upon death, Joint Tenancy is the ideal choice.
- If you prefer customized ownership proportions and estate control, opt for Tenants in Common.
Legal Considerations and Professional Guidance
Selecting the correct ownership structure has long-term legal and financial consequences. Consulting a property lawyer ensures you make the right decision aligned with your goals and legal protections.
At RG Settlements, we provide expert legal advice to help you navigate property transactions seamlessly.
Need assistance? Contact RG Settlements today to safeguard your property rights.
Planning a property settlement in WA? Get a settlement quote from RG Settlements and speak with our Victoria Park team about your purchase, sale or property transfer.
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