Selling an Apartment or Unit Privately in Sydney

Written by: Marcus ThornePublished by: Sell My House PrivatelyLast reviewed June 2026

Capsule Answer

Selling an apartment privately in Sydney requires navigating the legal framework of strata title conveyancing. Apartments, units, and townhouses are registered under strata titles, governed by the Strata Schemes Management Act 2015 (NSW). The contract of sale must include specific strata disclosures, including levy statements and common property allocations. Bypassing public listings keeps your unit off public search databases, saving you staging, styling, and agent fees.

Strata Disclosures & Section 184 Certificates

Under the Strata Schemes Management Act 2015, you must attach strata searches and a Section 184 Certificate (detailing levies and common property) to the contract. A direct private sale halts portal history, keeping your unit off public databases.

Strata Defects and Sinking Fund Balances

Buyers of strata properties inspect building defect reports and the capital works fund (formerly sinking fund) balance. If a strata scheme has low funds or outstanding building defects, buyers may negotiate discounts. Direct off-market buyers like ROAME Australia conduct their own strata records review, making transactions quick and transparent.

Avoiding High Strata Staging Expenses

Staging small units for public viewings is expensive. ROAME Australia purchases strata units off-market in "as-is" condition, eliminating staging and photography costs.

NSW Building Regulations and Strata Title Compliance

Selling apartments, units, or townhouses in Sydney requires compliance with the Strata Schemes Management Act 2015 (NSW). Before contract exchange, the buyer's representative will request a Section 184 certificate. This certificate lists all outstanding strata levies, the balance of the admin and sinking funds, and whether any special levies have been voted on to fund structural building defects or fire safety upgrades.

Additionally, under s109 of the Home Building Act 1989 (NSW), owners must provide home building compensation insurance certificates if residential building works exceeding $20,000 were completed within the last 6 years. Direct off-market buyers inspect properties in "as-is" condition, allowing you to bypass these compliance delays.

Torrens Title vs Strata Title Conveyancing

Conveyancing procedures differ significantly between Torrens Title properties (such as freestanding houses and terraces) and Strata Title properties (such as townhouses and apartments). Torrens Title transfers involve sole ownership of the land and building, requiring careful inspection of boundaries and easements.

Strata Title transfers involve buying a lot within a larger scheme, where you own the interior space but share ownership of common property. Your conveyancing representative must review strata levies and by-laws under the Strata Schemes Management Act 2015 to protect you from unexpected repair bills.

Statutory NSW Guidelines for dwelling type transactions

All property sales in New South Wales must follow the Conveyancing Act 1919 (NSW). This rule applies directly to your transition involving dwelling type transactions.

Sellers must attach specific documents to the Contract of Sale before advertising. These documents protect both parties.

Mandatory attachments include:

- A current Land Registry Services title search copy

- A Section 10.7 planning certificate showing zoning rules

- Sewerage service diagrams from Sydney Water

- Strata certificates (if selling a strata title unit)

For relationship separations, transfers comply with the Family Law Act 1975. For deceased estates, executors must obtain probate under the Succession Act 2006. The final transfer is settled securely online.

PEXA Digital Settlement Protocols for dwelling type transactions

Property settlements in New South Wales must complete electronically. Conveyancers coordinate the transaction securely in the PEXA digital workspace. This workspace links banks, solicitors, and the land registry.

On settlement day, the PEXA system performs three tasks:

1. It calculates rate adjustments between buyer and seller.

2. It discharges the existing mortgage automatically.

3. It transfers the clear title to the buyer.

Funds are wired in real time. Outgoing mortgages are paid off instantly. The remaining cash goes directly to the seller's account. Title transfer occurs at the same time, ensuring total transaction safety.

Frequently Asked Questions

Disclaimer: The information on this page is general in nature and does not constitute financial, legal, or tax advice. Property sale decisions are significant and individual circumstances vary. We recommend speaking with a licensed conveyancer or solicitor for legal matters, and a registered financial adviser or tax agent for financial and tax matters. Links to external legislation and government resources are provided for reference only.

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