Off-the-Plan Settlement in WA: Concessions, Delays & What Buyers Need to Know 

If you’ve signed a contract to buy off the plan in Western Australia, settlement works differently to an established property. Off-the-plan settlement (sometimes called new build settlement or off-the-plan conveyancing) follows the construction timeline rather than a fixed date. Here’s how the timing works, what the transfer duty concession still offers in 2026, and what to watch for with sunset clauses and strata titling. 

Quick answer: Off-the-plan settlement in Western Australia happens once construction is finished and Landgate, the state’s land titles registry, has issued the certificate of title. It isn’t a fixed date agreed at contract signing, and it can take one to two years after you sign, and sometimes longer for larger or more complex developments. Eligible off-the-plan purchases may qualify for a transfer duty concession, extended through 30 June 2028. Sunset clauses set an outer limit on how long you can be kept waiting, and your settlement agent manages settlement itself once the title, and where relevant the strata plan, are in place. 

This guide covers the off-the-plan settlement process: how it differs from a standard purchase, when it actually happens, the duty concession, strata title timing, sunset clauses, and what your settlement agent does throughout. For the full walkthrough of a standard WA property transaction, see our guide to the property settlement process. 

Off-the-Plan vs Established Property Settlement in WA: Key Differences 

The biggest difference is what triggers settlement. An established property settles on a date fixed in the contract. An off-the-plan property settles once the building and its title are ready, whenever that turns out to be. 

Because the settlement date isn’t fixed upfront, off-the-plan buyers need to plan finance, rental leases, and any sale of an existing home around a window rather than a set day. That applies whether you’re buying an apartment in an inner suburb or a house-and-land package in a growth corridor like Alkimos, Baldivis or Ellenbrook. 

When Does Off-the-Plan Settlement Happen in WA? 

The off-the-plan settlement process starts with a different question to a standard purchase: not what date you agreed, but what has to happen first. Off-the-plan property purchases in Western Australia typically settle when construction is complete and Landgate has issued the certificate of title. This is commonly one to two years after the contract is signed, and can run longer for larger or more complex developments. For freehold land and house-and-land packages, settlement can generally proceed once the title issues. 

For strata developments, settlement depends on whichever of the following happens last: 

• Registration of the strata (or survey-strata) plan with Landgate
• Issue of a separate certificate of title for the individual lot
• Issue of the certificate of occupancy by the local council

Settlement agents for off-the-plan purchases must confirm the Landgate title has been issued, and where applicable the strata plan registered, before settlement can proceed. Until all three conditions are met for a strata purchase, there’s no fixed settlement date to work toward, only an estimated completion window from the developer. 

The Off-the-Plan Transfer Duty Concession in WA 

Buying off the plan in Western Australia can come with a real financial upside: eligible purchases may qualify for a transfer duty concession that reduces the duty payable at settlement. 

The concession works as a percentage reduction applied to the transfer duty otherwise payable, capped at $50,000 per transaction. The percentage depends on whether your contract was signed pre-construction or under construction, and on the property’s value. Higher-value properties generally receive a lower percentage reduction. 

This concession has shifted repeatedly since it was introduced in 2019, and 2026 brings another change. In March 2026, the WA Government announced it would extend the concession through 30 June 2028, raise the value thresholds, and for the first time expand eligibility to survey-strata plans, previously excluded. These changes apply to contracts signed from 12 March 2026, but can’t be finalised until legislation passes and the Office of State Revenue’s systems update, expected around July 2026. If you signed after 12 March 2026 but before that update goes live, you may be entitled to a reassessment and refund once it does. 

Eligibility is determined by the Office of State Revenue, not your settlement agent. Your settlement agent can confirm the concession has been applied correctly at settlement but can’t advise on whether your specific purchase qualifies. Verify current thresholds and eligibility directly at wa.gov.au before relying on them for your own purchase. 

If you’re buying off the plan as an investment, note that settlement agents cannot advise on Capital Gains Tax. Speak with a qualified tax professional about how the concession or a future sale might affect your position. 

How Strata Title Registration Affects Your Settlement Date 

Most off-the-plan apartments, townhouses and villas in Western Australia are sold under a strata or survey-strata plan, a title structure that divides a building into individually owned lots plus shared common property. Registering this plan with Landgate adds an extra step before settlement can happen. 

Before you sign, the developer must give you disclosure statements covering the proposed strata plan and by-laws. Your deposit, generally no more than 10%, must be paid to and held in the trust account of a solicitor, real estate agent or settlement agent until the strata plan registers with Landgate; releasing it earlier would breach the Strata Titles Act 1985 (WA). Once the plan registers, the developer can generally access those funds, unless your specific contract says otherwise. 

If the developer misses the deadline in your contract to register the strata or survey-strata plan, you have a right to cancel the contract. This is one of the more useful protections for off-the-plan buyers, separate from any sunset clause the contract may contain. 

Sunset Clauses in Off-the-Plan Contracts: What Buyers Need to Know 

A sunset clause in an off-the-plan contract sets the contract’s end date, tied to a milestone such as registration of the strata plan or issue of the certificate of title. Consumer Protection WA advises buyers to weigh up this timeframe carefully before signing, rather than after a delay. 

Whether it lets the buyer, the developer, or both terminate once that date passes comes down to how it’s worded in your specific contract. Consumer Protection WA recommends checking whether the developer has obtained the necessary approvals, whether they need a minimum number of contracts secured before funding is released, and how far the development has actually progressed, before deciding whether the timeframe in the clause is acceptable. A solicitor reviewing your contract before you sign is the best way to understand exactly what yours allows. 

Sunset clause disputes are legal matters requiring a solicitor, not a settlement agent. This includes questions about whether a developer’s use of a sunset clause is valid, and whether you have grounds to object. You may also have rights under Australian Consumer Law if a delay is considered unreasonable, which is another question for a solicitor rather than your settlement agent. 

What Your Settlement Agent Does for Off-the-Plan Purchases 

Once your off-the-plan purchase is approaching completion, your settlement agent’s role looks similar to a standard settlement, with a few off-the-plan-specific checks added in: 

1. Monitoring title and strata registration.Your settlement agent tracks whether Landgate has issued the certificate of title and, for strata purchases, whether the strata plan has registered. 
2. Confirming the duty concession.If your purchase is eligible for the off-the-plan duty concession, your settlement agent factors this into your settlement figures. 
3. Coordinating with your lender.Off-the-plan finance approvals can be older by settlement, so your agent confirms your loan is still ready to proceed. Most lenders’ pre-approvals only last two to three months, well short of a one to two year build, so it’s worth checking in with your mortgage broker as your development nears completion rather than waiting to be asked. 
4. Title searches.A search is run on the title to check for encumbrances before settlement proceeds. 
5. Settlement through PEXA.PEXA, short for Property Exchange Australia, is the electronic platform used for property settlements nationally. It’s used for off-the-plan settlements in Western Australia once Landgate has issued the title. 

It’s the same off-the-plan conveyancing a settlement agent handles for any new build settlement, spread over a longer, less predictable timeline. Fees are typically higher than for an established-property transaction, reflecting the extra checks involved. See our full breakdown of settlement agent fees for off-the-plan purchases for what to expect. 

Frequently Asked Questions 

How long does off-the-plan settlement take in WA? 

Off-the-plan settlement in Western Australia isn’t a fixed number of days like a standard purchase. It depends on when construction finishes and Landgate issues the title, commonly one to two years from the date you sign, though larger or more complex developments can take longer. 

Do I still pay a deposit before off-the-plan settlement? 

Yes. Off-the-plan deposits are usually up to 10% of the purchase price, held in trust by a solicitor, real estate agent or settlement agent until the strata plan registers (for strata purchases) or until settlement (for freehold land). 

Is the off-the-plan duty concession still available in 2026? 

Yes. The concession has been extended through 30 June 2028, with higher value thresholds and, for the first time, eligibility for survey-strata schemes. Eligibility depends on your contract date and the property’s value, so confirm your position with the Office of State Revenue. 

What happens if the sunset clause date passes on my off-the-plan contract? 

If settlement hasn’t happened by the sunset date in your contract, either party may be able to terminate, depending on how the clause is worded. This is a legal question, and a solicitor can advise on your specific contract and options. 

Do I need a settlement agent for an off-the-plan purchase? 

Yes. A settlement agent manages the same core steps as any WA property settlement, including title checks, lender coordination, and completing settlement through PEXA, with additional monitoring of title issuance and strata registration specific to off-the-plan purchases. 

What to Do While You Wait for Settlement 

With a settlement date that isn’t fixed, there are a few things worth doing during the wait rather than after you get the call: 

• Note your sunset dateand check in with your solicitor if you’re approaching it without a clear completion timeline from the developer. 
• Revisit your financewith your mortgage broker in the months before expected completion, rather than assuming your original approval will still be valid. 
• Keep your contact details currentwith your settlement agent and the developer, since settlement can follow soon after Landgate issues the title or the strata plan registers. 

Buying Off the Plan in Perth? 

Off-the-plan purchases involve a longer runway and a few extra moving parts before settlement. Get a settlement quote from Strategic Settlements, and we’ll manage your file from contract through to title. 

Prefer to talk it through first? Contact us and our team can answer your questions directly. 

The information in this article is general in nature and does not constitute legal, tax, or financial advice. Strategic Settlements is a licensed settlement agent and cannot provide legal advice. Individual circumstances vary. We recommend consulting a qualified professional, including a solicitor, tax adviser, or the WA Office of State Revenue, before making property decisions.