Buyer’s guide · NSW
Pre-settlement inspections in NSW: what every buyer needs to know
A pre-settlement inspection lets you check the property is in the same condition as at exchange. Learn your rights under the NSW contract, when to book, what to check and what to do if something is wrong.
A pre-settlement inspection is your last chance to check the property before it becomes yours. It lets you confirm the home is in the same condition as when you signed the contract, and that everything included in the sale is still there.
There can be weeks or months between exchange and settlement. In that time, things can break, get damaged or be removed. Finding a problem before settlement gives you far more options than finding it after you get the keys.
This guide explains your rights in NSW, when to book the inspection, what to check and what to do if something is wrong.
Updated October 2026 to reflect current law.
Key takeaways
- Under the standard NSW contract, you’re entitled to one inspection in the 3 days before settlement.
- The purpose is to check the property is in the same condition as at exchange, allowing for fair wear and tear. It isn’t a chance to ask for new repairs.
- Check that all inclusions listed in the contract (such as the dishwasher or blinds) are still there and working as they were.
- If you find a problem, tell your lawyer straight away. Claims generally need to be made before settlement.
- Book early with the selling agent, ideally 2 to 3 weeks before settlement.
On this page
What is a pre-settlement inspection?
It’s a final walk-through of the property shortly before settlement. Settlement (also called “completion”) is when you pay the balance of the price and the property becomes legally yours.
The inspection checks that the property is in the same condition as when you exchanged contracts. It is not a building inspection. It won’t pick up hidden defects, so get a building and pest inspection before you buy.
Do you have a right to a pre-settlement inspection in NSW?
Yes, under the standard contract. The Law Society and REINSW Contract for the sale and purchase of land says the seller must do whatever is reasonably necessary to let you make one inspection of the property in the 3 days before the time set for settlement. This is subject to the rights of any tenant.
Your contract may change this with a special condition, so check with your lawyer. Some contracts allow an extra inspection, for example to measure up for furniture.
You can’t just turn up. Contact the selling agent to arrange a time. The agent will usually attend.
When should you book your pre-settlement inspection?
- Book early. Contact the agent 2 to 3 weeks before settlement to lock in a time.
- Inspect within 3 days of settlement. This is the window in the standard contract, and it gives the best picture of the property as you’ll receive it.
- Try to inspect after the seller moves out. It’s easier to spot damage when the furniture is gone. If that’s not possible, ask your lawyer to confirm in writing that the seller will remove all belongings and rubbish before settlement.
- Watch out for holidays. Over Christmas, agents may be closed. Read our guide to buying or selling over Christmas.
Pre-settlement inspection checklist
Take your contract, the list of inclusions and any photos from your earlier visits. Walk through every room and the outside areas. Check:
| Area | What to check |
|---|---|
| Electrical | Lights, power points, switchboard, ceiling fans and any automatic blinds or gates |
| Heating and cooling | Each air conditioner and heater turns on, and remotes are there |
| Plumbing | Taps, showers, toilets and sinks work, and there are no new leaks or water stains |
| Doors, locks and windows | Handles and locks work, keys and remotes are available, and there is no new broken glass |
| Appliances | Included appliances (such as the oven, cooktop, rangehood and dishwasher) are there and working |
| Floors and walls | No new holes, stains, marks or damage to carpets and floors |
| Outside | Garage door, letterbox, outdoor taps, gardens, fences, pool pump and pool equipment |
| Inclusions and exclusions | Everything listed as included is still there, and anything excluded has gone |
| Cleanliness | Rubbish and the seller’s belongings have been removed |
Not sure what counts as an inclusion? See our guide to fixtures and chattels.
Tip: take date-stamped photos and videos of anything that concerns you.
What can you ask the seller to fix?
The test is whether the property’s condition has changed since exchange.
- Existing problems: you generally can’t ask the seller to fix issues that were there when you signed. That’s why your earlier inspections matter.
- Fair wear and tear: the standard contract says you can’t make a claim for changes caused by fair wear and tear before settlement.
- New damage: if something has been damaged since exchange (for example, a broken window, a new hole in a wall or a burst pipe), you may be able to ask for repairs or claim compensation.
- Missing inclusions: if an included item has been removed or swapped, you may be able to claim compensation.
Under the Conveyancing Act 1919 (NSW), the risk of damage to the property generally stays with the seller until settlement, or until you take possession if earlier. If the property is badly damaged before then (for example, by fire or storm), you may have the right to a reduced price or, in serious cases, to cancel the contract. Read more in our guide to property insurance in NSW.
What should you do if you find a problem?
- Record it. Take clear photos and videos.
- Tell your lawyer or conveyancer immediately. Under the standard contract, claims for compensation generally must be made before settlement, in writing, with the amount claimed.
- Let your lawyer negotiate. Common solutions are repairs by the seller before settlement, a reduction in the price, or money held back until the issue is fixed.
- Don’t refuse to settle without advice. Refusing to settle when you’re not entitled to can put you in breach of the contract, and the seller could serve a notice to complete.
Once settlement happens, your options are much more limited. That’s why acting quickly matters.
Pre-settlement inspection FAQs
How many pre-settlement inspections do I get?
Under the standard NSW contract, one inspection in the 3 days before settlement. Your contract may allow more.
Can I bring a builder or tradesperson?
Usually yes, if you arrange it with the agent. A tradesperson can help you check whether something is new damage.
What if the seller hasn’t moved out yet?
Inspect anyway, and ask your lawyer to confirm the seller will give vacant possession at settlement. Vacant possession means the seller and their belongings are gone, unless the property is sold with a tenant.
Can I delay settlement if I find damage?
Sometimes, but don’t do this without legal advice. Your lawyer can raise a claim or negotiate a solution without putting you in breach of the contract.
Need help buying property in NSW?
Talk to our property team
Property & Conveyancing
Our team can guide you through every step of your purchase, from reviewing the contract to dealing with problems found at your pre-settlement inspection. Learn more about our conveyancing services for buyers.
This article is general information only and is not legal advice. It reflects NSW law at the date of publication. Please contact us for advice about your circumstances.
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