RG Settlements
RG Settlements
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 Buyers: Your Complete Settlement Checklist
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 is an exciting milestone — but it can also feel like stepping into a world of paperwork, deadlines, and uncertainty. At RG Settlements, we understand how overwhelming it can be, so we’ve put together a practical checklist to help first home buyers in Perth feel confident every step of the way.
Start by making sure your finance is in place. Having pre-approval from your bank or lender gives you a clear idea of your budget and shows sellers that you’re serious. Once your offer is accepted, one of the most important steps is choosing a settlement agent early. A trusted, experienced agent like RG Settlements ensures your contract is handled correctly and all the legal processes are followed.
Take time to carefully review your contract of sale. Look at the settlement date, deposit amount, and any special conditions like subject to finance or building inspections. If anything’s unclear, ask — there are no silly questions when you’re making such a big investment.
Next, book your building and pest inspections. These can uncover hidden issues and give you peace of mind. As settlement day approaches, we’ll coordinate with your bank, prepare all the legal documents, and manage the title transfer behind the scenes. You’ll also have the opportunity to complete a final inspection to make sure the property is in the same condition as agreed.
Here’s a quick recap to keep you on track:
- ✅ Finance pre-approval secured
- ✅ Contract of sale reviewed
- ✅ Building and pest inspections done
- ✅ Settlement agent engaged
- ✅ Final inspection completed
- ✅ Keys collected on settlement day!
At RG Settlements, we’re with you from the very beginning to the moment you step into your new home — stress-free and ready to celebrate.
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.
Navigating Stamp Duty in Western Australia – A Buyer’s 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.
When buying property in Western Australia, one of the biggest upfront expenses that often catches buyers off guard is stamp duty. Also known as transfer duty, it’s a government tax calculated on the value of the property you’re purchasing — and it can add tens of thousands to your overall cost.
Understanding how stamp duty works is critical for planning your budget accurately. In WA, the amount you pay depends on the purchase price of the property and whether you’re eligible for any concessions. For example, first home buyers may be eligible for reduced or even zero stamp duty on properties under a certain threshold. But if you’re buying an investment property or upgrading to your next home, full rates generally apply.
The good news? At RG Settlements, we help you calculate exactly what you’ll owe and ensure everything is processed correctly during settlement. We can also help you claim any exemptions or concessions you’re entitled to, avoiding unnecessary costs or delays.
It’s worth noting that stamp duty is due before the property is transferred into your name, so having the funds ready is essential. This is where a good settlement agent makes all the difference — we coordinate with your bank or broker and ensure the payment is made on time to the WA Office of State Revenue.
Want to estimate your stamp duty before making an offer? There are online calculators available, or we can walk you through it directly based on your specific situation.
Buying property in Perth? Let RG Settlements guide you through the fine print — including stamp duty — so there are no surprises on settlement day.
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 Property in Australia: Does It Get You Citizenship?
Published by RG Settlements — property settlement services in Victoria Park, Perth and across Western Australia.
Visa correction checked 7 September 2026: The visa information below now records the subclass 188 and 891 closures and the National Innovation pathway, using the linked Department of Home Affairs guidance. The foreign-purchase section has also been checked against current Australian Government residential land guidance. The original publication date is retained.
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.
Short answer: No—owning property in Australia does not grant citizenship. However, that doesn’t mean investing in Australian real estate isn’t a great opportunity. If you’re considering purchasing property in Australia, here’s what you need to know:
1. Property Ownership Does Not Influence Citizenship
- Buying property in Australia does not automatically qualify you for a visa, permanent residency, or citizenship.
- The Australian immigration system does not have a citizenship-by-investment program like some other countries.
2. Property ownership and visa eligibility are separate
Each visa has its own criteria. Buying a property does not itself establish eligibility for permanent residence or citizenship. Obtain advice about an available visa pathway before relying on a property purchase as part of migration plans.
3. What foreign investors need to check
Foreign persons generally need approval before acquiring residential land, unless an exemption applies. Current government guidance generally prohibits foreign purchases of established dwellings from 1 April 2025 to 30 June 2029, with limited exceptions. New dwellings and vacant development land have separate rules. Check the Australian Government residential land guidance before entering a contract. State foreign-buyer duty may also apply.
4. Check current visa pathways before investing
- Business Innovation and Investment (subclass 188): the program closed to new applications on 31 July 2024. Previously lodged applications and existing visa holders have separate arrangements; check the Home Affairs subclass 188 page.
- Investor (subclass 891): this visa closed to new applications on 22 March 2025. See Home Affairs’ subclass 891 notice.
- National Innovation visa (subclass 858): this replaced the Global Talent visa. It is an invitation-only pathway for exceptional talent, including some entrepreneurs and innovative investors; buying a house does not satisfy its criteria. See the Home Affairs National Innovation visa guidance.
5. Key Takeaways for Investors
- Investing in property alone will not grant you citizenship.
- Foreign persons should check approval requirements, exemptions and purchase restrictions, and may face additional duty.
- If residency or citizenship is the goal, obtain advice about currently available visa pathways and your eligibility.
How Rothschild Group Can Assist You
- Legal advice on FIRB applications and property regulations.
- Strategic guidance on visa pathways linked to investment.
- Assistance in structuring property purchases to align with long-term immigration goals.
Thinking of investing in Australian property? Contact Rothschild Group today for expert legal and immigration 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.
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.
Navigating ATO Clearance Certificates: Essential for Sellers & Buyers
Published by RG Settlements — property settlement services in Victoria Park, Perth and across Western Australia.
Correction checked 7 September 2026: The rate and threshold references in this article have been updated for contracts from 1 January 2025. Sources: ATO withholding overview and Australian residents and clearance certificates.
For Australian real property contracts entered into on or after 1 January 2025, foreign resident capital gains withholding generally applies at 15%, with no property-value threshold. Australian resident sellers should give the buyer a valid ATO clearance certificate at or before settlement to prevent withholding. Foreign residents may seek a variation.
1️⃣ What is an ATO Clearance Certificate?
An ATO Clearance Certificate confirms that a seller is an Australian resident for tax purposes, so the purchaser does not have to withhold for that seller. It does not determine whether capital gains tax is payable. It is valid for 12 months, provided the seller’s tax residency does not change.
2️⃣ Who Needs an ATO Clearance Certificate?
- Australian resident sellers of Australian real property need a valid clearance certificate to avoid withholding; there is no minimum property price for contracts from 1 January 2025. Each seller should check their own certificate requirements.
- If the seller fails to provide the certificate at settlement, the buyer generally must withhold 15% and remit it to the ATO, unless an applicable exclusion or variation changes the amount.
3️⃣ Buyer’s Responsibility
- If a seller does not supply the clearance certificate, the buyer generally must withhold 15%, subject to applicable exclusions and ATO variations.
- Failure to withhold? The ATO may hold the buyer personally liable for the unpaid tax amount.
- Buyers should always verify the seller’s clearance certificate before settlement to avoid complications.
4️⃣ What About Foreign Sellers?
- Foreign residents cannot obtain an ATO Clearance Certificate.
- However, they may apply to the ATO to adjust the withholding rate based on their circumstances.
- Timing is crucial – foreign sellers should act fast to ensure smooth transactions.
Why It Matters
Obtaining an ATO Clearance Certificate is critical to avoid delays, withholding tax, and financial uncertainty. Apply early, stay informed, and seek professional assistance if needed.
At RG Settlements, our team can help coordinate the clearance-certificate requirements for your property settlement.
Need assistance? Contact us today for expert advice and a hassle-free property transaction!
Apply early. Withholding is a payment towards the seller’s tax obligations, rather than a separate final tax; obtain tax advice for your circumstances.
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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