Legal Requirements for Selling Property in the ACT (Canberra): Complete 2026 Guide

See Complete ACT Private Sale Guide

Selling a property in the Australian Capital Territory (ACT) without a real estate agent is completely legal. However, the ACT has some of the strictest seller obligations in Australia, especially around pre-sale contracts, disclosure documents, and buyer protections.

Unlike most other states, ACT sellers must prepare the contract and disclosure documents before marketing the property. This applies whether you sell through an agent or privately (FSBO – For Sale By Owner).

This guide explains exactly what is legally required when selling property in the ACT in 2026, so you can sell privately, stay compliant, and avoid delays, penalties, or contract cancellations—while saving $15,000–$30,000+ in agent commission.

See 8 steps to sell privately in ACT

Is Selling Without an Agent Legal in the ACT?

Yes. Selling property privately in the ACT is fully legal.

There is:

• ❌ No requirement to use a real estate agent

• ❌ No legal advantage to paying commission

• ✅ A strict requirement to prepare contracts and disclosures before marketing

• ✅ Strong buyer protections through cooling-off laws

Private sellers must follow the same legal process as agent-assisted sales.

The Core Legal Requirements for Selling Property in the ACT

ACT property sales are governed primarily by the Civil Law (Sale of Residential Property) Act 2003 and Land Titles Act 1925.

There are seven critical legal requirements every ACT seller must follow.

1. Contract of Sale Must Be Prepared Before Marketing (Mandatory)

In the ACT, you cannot advertise or offer a residential property for sale unless a complete Contract of Sale is prepared and available.

This is a key difference from most other states.

What This Means

• You must engage a solicitor or licensed conveyancer before listing

• The contract must be complete before:

  • Online advertising

  • Signboards

  • Open homes

  • Private inspections

Advertising without a prepared contract can result in:

• Regulatory penalties

• Buyer rescission rights

• Enforcement action by Access Canberra

2. Mandatory Disclosure Documents Must Be Attached to the Contract

ACT uses a contract-based disclosure system, meaning disclosure happens through documents attached to the contract.

The following documents must be included before marketing:

Required Disclosure Documents

• Certificate of Title

• Crown Lease (ACT land is leasehold, not freehold)

• Lease Conveyancing Enquiry

• Easements, covenants, and encumbrances

• Energy Efficiency Rating (EER) Statement

• Building Inspection Report

• Pest Inspection Report

• Asbestos Assessment Report (for homes built before 2004)

• Compliance documents for regulated structures (if applicable)

Missing documents can give buyers the right to:

• Terminate the contract

• Delay settlement

• Seek compensation

3. Energy Efficiency Rating (EER) Is Mandatory in the ACT

The ACT is the only jurisdiction in Australia where an Energy Efficiency Rating (EER) is compulsory for most residential sales.

EER Requirements

• Must be prepared by an accredited assessor

• Minimum rating is disclosed (actual minimum varies by property type)

• Must appear in:

  • Contract of Sale

  • Advertising material

• Typically valid for 6 months

Failure to provide an EER can:

• Invalidate advertising

• Delay settlement

• Allow buyer withdrawal

4. Cooling-Off Period: 5 Business Days

ACT buyers are entitled to a 5 business day cooling-off period after contracts are exchanged.

Cooling-Off Rules

• Buyer can withdraw for any reason

• Seller may retain 0.25% of the purchase price

• Remaining deposit must be refunded

Example:

• $800,000 sale

• Seller may retain $2,000 if buyer withdraws

5. Cooling-Off Can Only Be Waived With a Section 17 Certificate

Buyers can waive cooling-off only if:

• They receive independent legal advice

• Their solicitor signs a Section 17 Certificate

Sellers cannot pressure buyers to waive cooling-off.

Without a valid Section 17 Certificate, cooling-off always applies.

6. Full Disclosure of Material Facts (Strictly Enforced)

ACT sellers must disclose any material facts that could reasonably affect:

• A buyer’s decision to purchase, or

• The price they are willing to pay

This applies even if the buyer does not ask.

Material Facts Include

• Structural defects or movement

• Water ingress or flooding

• Unapproved renovations

• Asbestos presence

• Boundary disputes

• Easements or lease restrictions

• Contaminated land

• Noise impacts

• Known building defects

Failure to disclose can result in:

• Contract termination

• Compensation claims

• Misleading conduct proceedings

7. Deposit Must Be Held in a Statutory Trust Account

Sellers cannot hold deposits themselves.

Deposits must be held in a statutory trust account managed by:

• Solicitor

• Licensed conveyancer

• Licensed real estate agent

Holding a deposit personally can:

• Void the contract

• Trigger penalties

• Delay settlement

Settlement and Title Transfer in the ACT

Settlement is handled by solicitors or conveyancers and includes:

• Final payment of funds

• Adjustment of rates and outgoings

• Registration of transfer with the ACT Land Titles Office

• Transfer of Crown Lease interest

Sellers do not attend settlement in person.

Auction Sales in the ACT

If selling by auction:

• ❌ No cooling-off period applies

• Contract becomes unconditional at the fall of the hammer

• All disclosure requirements still apply before auction day

Common Legal Mistakes ACT Private Sellers Make

• Advertising before preparing a contract

• Missing disclosure documents

• Failing to obtain an EER

• Assuming eastern-state rules apply

• Accepting deposits directly

• Misunderstanding cooling-off rights

These mistakes are entirely avoidable with proper preparation.

How AirLister Fits the ACT Legal Process

AirLister does not replace solicitors or conveyancers.

Instead, AirLister:

• Puts your property where buyers already are

• Sends enquiries directly to you

• Lets you control inspections and negotiations

• Works alongside licensed ACT legal professionals

Contracts, deposits, settlement, and title transfer are still handled by qualified professionals—exactly as ACT law requires.

Final ACT Legal Compliance Checklist

Before accepting an offer, make sure you have:

✅ Contract prepared before marketing
✅ All mandatory disclosure documents attached
✅ Valid EER report
✅ Cooling-off rights understood
✅ Deposit trust account arranged
✅ Solicitor or conveyancer engaged

If every box is ticked, you are selling legally and confidently in the ACT.

Bottom Line

The ACT has one of the most regulated residential property sale systems in Australia. When used correctly, it protects both buyers and sellers—and allows private sellers to achieve the same legal outcome as agent-assisted sales without paying commission.

Selling privately in the ACT isn’t risky.
Selling without understanding the rules is.

Frequently Asked Questions: Selling Property in the ACT

1. Is it legal to sell a house privately in the ACT?

Yes. Selling property without a real estate agent is completely legal in the ACT. Private sellers must still comply with strict ACT laws, including preparing the contract and disclosure documents before marketing, providing mandatory reports, and handling deposits through a statutory trust account.

2. Do I need a contract before advertising my property in Canberra?

Yes. In the ACT, it is a legal requirement to have a completed Contract of Sale prepared before any advertising or marketing begins. This applies to online listings, signboards, and private inspections. Advertising without a contract can result in penalties and buyer termination rights.

3. What documents must be included in an ACT contract of sale?

ACT contracts must include key disclosure documents such as the Certificate of Title, Crown Lease, Lease Conveyancing Enquiry, Energy Efficiency Rating (EER), building and pest inspection reports, asbestos assessment (for homes built before 2004), and any easements or encumbrances affecting the property.

4. What is the cooling-off period when selling property in the ACT?

Buyers in the ACT have a 5 business day cooling-off period after contracts are exchanged. During this time, buyers can withdraw for any reason. If they do, the seller may retain 0.25% of the purchase price, with the remaining deposit refunded. Cooling-off can only be waived with a valid Section 17 Certificate from the buyer’s solicitor.

5. Can I hold the buyer’s deposit myself in the ACT?

No. Sellers are not permitted to hold buyer deposits personally. Deposits must be paid into a statutory trust account managed by a solicitor, licensed conveyancer, or real estate agent. Holding a deposit yourself can invalidate the contract and expose you to legal penalties.

See how to sell your property without an agent - Here
see how much you could save on commission - Here
See AirListers Pricing - Here

Last updated: January 2026