General information, not legal advice. Your contract sets your own rights. Each state’s official page is listed at the foot of this page, and a conveyancer or solicitor can read your contract with you.
The front door is where the question starts: may you walk back in before settlement? The official pages answer it differently: some say the buyer is entitled to inspect, some advise the buyer to do it, and some leave it to a term of the contract.
| Place | What the official page says | Measured against |
|---|---|---|
| Victoria | You are entitled to inspect at any reasonable time during the week before settlement. | The condition the property was in when it was sold. |
| ACT | You are entitled to inspect about one week before settlement, or at reasonable times with reasonable notice. | For goods, the contract makes their condition at settlement subject to “fair wear and tear”. |
| NSW | On the morning of settlement day, you should do a final inspection. | The condition it was in when contracts were exchanged. |
| Queensland | You should inspect the property 2–3 days before settlement. | The condition it was in when you signed the contract. |
| Western Australia | Buyers should inspect thoroughly before the settlement is finalised. | The condition it was in when you inspected it, unless the contract specifies otherwise. |
| South Australia | You can make the contract subject to a pre-settlement inspection. | Not stated on the page. |
| Northern Territory | No inspection right is stated. Access before settlement may be possible by agreement with the seller. | Not stated on the page. |
| Tasmania | None of the official pages this guide draws on describe it. | Not covered here. |
Entitled: Victoria and the ACT
VICConsumer Affairs Victoria uses the word “entitled”, and says how to arrange it: “Contact the agent to arrange this inspection.” The same page explains what the inspection is measured against: “The contract of sale requires the seller to hand over the property in the same condition as when it was sold.”
ACTAccess Canberra’s buyers’ guide also says “entitled”, with two ways to time it: about one week before settlement, or at reasonable times with reasonable notice. It adds: “These inspections should be pre-arranged with the seller or the seller’s agent.” The guide notes that, for goods, the contract makes their condition at settlement subject to “fair wear and tear”.
Advised: NSW, Queensland and Western Australia
NSWThe NSW Government’s page on contracts and deposits puts the final inspection in its settlement section, as advice: “On the morning of settlement day, you should conduct a final inspection of the property to ensure it is in the same condition as when contracts were exchanged.” The same section asks buyers to keep in regular contact with their solicitor or licensed conveyancer throughout the settlement period, so the property is on track to settle on time.
QLDQueensland has two official pages on this, one for each side of the sale. The buyers’ page advises inspecting 2–3 days before settlement and checking that the home is “still in the same condition as when you signed the contract”. The sellers’ page tells the seller: “You must leave your home vacant and clean. The buyer will conduct a pre-settlement inspection no more than a few days before settlement day.”
WAConsumer Protection’s page on property inspections says the property should be in the same condition at settlement as when you inspected it, unless the contract specifies otherwise, and that buyers should inspect it thoroughly before settlement is finalised. The same page says that if you want changes or particular items included, you add those terms to the contract, and the terms need the seller’s acceptance. In WA a settlement agent may also be part of this stop. Consumer Protection lists, among the things your settlement agent is expected to do: check all inspections and other special contract conditions are completed before settlement.
Agreed: South Australia and the Northern Territory
SASA.GOV.AU describes the pre-settlement inspection as a condition of the contract: “You can also make the contract subject to a pre-settlement inspection. This is normally done about a week before the settlement date.” Its page on offers and auctions lists a pre-settlement inspection among the conditions you can negotiate with the vendor in a sale by offer. The same page notes that auction sales are unconditional.
NTThe Northern Territory’s settlement page states no inspection right. It says access to the property before settlement may be something you can agree with the seller, and that any arrangement should be put in writing.
Tasmania
None of the official pages this guide draws on describe a pre-settlement inspection in Tasmania. Tasmania’s Consumer, Building and Occupational Services says that standard sale contracts there contain limited ways out, and that the most common are conditions about getting finance and building inspection clauses. A conveyancer or solicitor in Tasmania can tell you what your own contract says about access before settlement.
From the door to the rest of the walk
The next stop, when it happens, sets out the timing each state gives. If you already know what you are checking for, what the contract says stays covers the items, and if something is wrong covers what the official pages say a buyer can do about a problem.