Buying off the plan means signing a contract with a developer before final subdivision approval, or before building has commenced or been completed, and in Western Australia final settlement can only happen once Landgate has issued the Certificate of Title. You are committing to a price today for a property that does not yet legally exist.
That is the trade. You lock in the current price and usually pay a deposit of no more than 10 per cent, with the balance at a future settlement date. In exchange you carry a set of risks that Consumer Protection WA lists plainly, and that a standard established-home purchase does not have. This guide covers what can be bought off the plan, what the contract obliges you to, how deposits are protected, and the questions to put to a lawyer before signing.
What can you buy off the plan in Western Australia?
Off-the-plan sales cover vacant land, house and land packages, and strata properties such as units, townhouses and apartments. In Perth the most common form is an apartment or townhouse in a strata scheme that has not yet been registered.
Whatever the form, one rule applies to all of them: final settlement of an off-the-plan sale can only happen after Landgate has issued the Certificate of Title. Until that title exists, there is nothing to transfer. Landgate’s titles and surveys function is what stands between a signed contract and a settled purchase.
For context on the market you are buying into, REIWA’s Perth metro median unit price was $690,000 as at 22 September 2026, covering transactions for the 12 months to August 2026, with a median weekly unit rent of $700 (REIWA Perth market insights). Those figures are for established stock, not new builds, and REIWA revises them as sales settle.
What are the risks of buying off the plan?
Consumer Protection WA lists five, and each one deserves a specific answer from the developer before you sign rather than a reassurance.
| Risk | What it means in practice | What to ask before signing |
|---|---|---|
| Uncertain completion dates | The build may take longer than indicated | What deadline is in the contract, and what happens if it passes |
| Expected versus actual quality | The finished product may differ from the display or renders | What finishes and inclusions are contractually specified, and what substitutions are permitted |
| Loss of deposit | Your deposit is at risk if things go wrong | Where is the deposit held, and on what terms is it released |
| Market value depreciation | The property may be worth less at settlement than you agreed to pay | Can you fund the gap if a valuation comes in below the contract price |
| Difficulty obtaining finance | Lending policies, your circumstances or interest rates may change before settlement | What is your position if finance is unavailable at settlement |
The finance risk is the one buyers underestimate most. You may be signing now and settling in two years, and the lender assesses you at settlement, not at signing. Changes in lending policy, in your own circumstances or in interest rates can all affect your ability to complete. The RBA’s cash rate history is a reminder of how much can move over a two-year build.
Consumer Protection WA is also explicit that off-the-plan contracts are binding and may not be cancelled easily. This is not a market where you can change your mind.
What does an off-the-plan contract actually commit you to?
It commits you to buying a described property at an agreed price, usually subject to the approvals the development still needs. The document is drafted to protect the developer, and that is worth saying plainly.
Consumer Protection WA notes that developers often use standard contracts pre-prepared by lawyers to protect their interests, though they may instead choose the standard Joint Form of General Conditions for the Sale of Land. Before signing, its guidance is to:
- check the contract clearly states responsibilities, deadlines and the consequences of unmet conditions
- seek legal advice about the meaning of any unclear terms
- check whether any terms can be added or changed before signing
That last point is the one buyers skip. Terms are more negotiable before you sign than most purchasers assume, particularly around deadlines, finishes and what happens if the development is delayed. Ask.
Have a lawyer or licensed settlement agent read the contract before you sign, not after. An off-the-plan contract is longer, more one-sided and harder to exit than a standard Offer and Acceptance, and it is not a document to work through alone at a display suite.
How are off-the-plan deposits protected in WA?
For off-the-plan strata purchases, deposits and any pre-registration payments must be made to a solicitor, real estate agent or settlement agent, and held in their trust account until the strata plan is registered with Landgate.
Two things follow from that:
- Your deposit is not paid to the developer directly. It sits in a regulated trust account until registration.
- After the plan is registered, the developer can access the deposit money unless the contract prevents this. That is the point at which the protection changes, and it is worth knowing exactly when it happens.
Confirm in writing who holds the deposit, in which trust account, and what the contract says about release. If a contract proposes anything other than this structure, take advice before paying anything.
What must a developer give you before you sign a strata contract?
Before the buyer signs, the developer must provide disclosure statements, details about the proposed strata plan, and the strata by-laws. Read all three, because they define what you are actually buying and what it will cost to own.
What to look for in each:
- Disclosure statements. The scheme’s proposed structure, the lot entitlements, and anything disclosed about the development that affects your lot.
- The proposed strata plan. Where your lot boundaries actually sit, what is common property, and what is exclusive-use. Car bays, storerooms and courtyards are commonly misunderstood here.
- The by-laws. What you may and may not do in the scheme. Pets, short-stay letting, parking, renovations, external appearance and flooring rules all live here, and they bind you from settlement.
If you intend to rent the property out, the by-laws and the scheme’s approach to letting matter as much as the rental figure. Check both before you commit.
How should you assess an off-the-plan purchase as an investment?
Assess it on the numbers that will exist at settlement, not the numbers in the brochure, and stress-test both the valuation and the finance. The marketing material describes the best case.
Practical checks:
- Compare against established stock. What does a comparable existing apartment in the same area sell for, and rent for, today? If the off-the-plan price sits well above established comparables, the difference has to be justified by something real.
- Model a lower valuation. If the bank values the property below your contract price at settlement, you fund the difference in cash. Decide now whether you could.
- Count the full holding cost. Strata levies, council and water rates, insurance and land tax where it applies.
- Check the rental assumptions independently. Any projected rent should be tested against current market rents, not accepted from the seller’s material.
- Be wary of high-pressure investment schemes. Consumer Protection WA maintains guidance on high-risk property investments that is worth reading before signing anything sold as an investment opportunity.
For an overview of how apartments and investment stock fit into a Perth portfolio, see our apartments and investment page.
Frequently asked questions
What does buying off the plan mean in WA?
It means signing a contract with a developer before final subdivision approval, or before building has started or finished. Settlement can only occur after Landgate issues the Certificate of Title, so you are committing to a price for a property that does not yet legally exist.
How much deposit do you pay when buying off the plan?
Usually no more than 10 per cent, with the balance paid at a future settlement date. For strata purchases the deposit must be held in a solicitor’s, real estate agent’s or settlement agent’s trust account until the strata plan is registered with Landgate.
Can you pull out of an off-the-plan contract?
Not easily. Consumer Protection WA states that off-the-plan contracts are binding and may not be cancelled easily, and Western Australia has no cooling-off period for real estate contracts. Get legal advice before you sign rather than after.
What happens if the property is worth less at settlement?
You are still contractually bound to complete at the agreed price. If the lender’s valuation comes in lower, you may need to contribute more of your own funds to settle, which is why modelling a lower valuation before signing matters.
What documents must a developer provide for an off-the-plan strata purchase?
Disclosure statements, details about the proposed strata plan, and the strata by-laws, all before the buyer signs the contract. Read the by-laws in particular, because they govern how you can use and let the property.
Is buying off the plan a good investment in Perth?
It depends entirely on the price against established comparables, the holding costs, and your capacity to settle if circumstances change. Test the projected figures against current market data rather than the marketing material, and get independent advice.
Get the contract read before you sign it
The decisions that determine how an off-the-plan purchase turns out are all made before signing: the deadlines, the specified finishes, the deposit terms and the consequences if something is not met. After signing, your options narrow sharply.
If you are weighing up new stock against an established apartment, it is worth comparing both properly. See our apartments and investment overview, or the Perth buying process.
Call Brian on 0418 896 354 or email brianmcallister@theagency.com.au. Seven days, by appointment.
This article is general information for Western Australia and is not legal, financial or investment advice. Off-the-plan contracts vary substantially between developments. Obtain advice from your lawyer or licensed settlement agent, and your lender or broker, before signing or paying a deposit.