What Makes Off-the-Plan Different from Buying an Established Home
Off-the-plan means you sign a contract before the property is built or finished. You pay a deposit in stages as construction progresses, and settlement happens months or sometimes years after you sign. That delay gives you time to save more, but it also means your lender will revalue the property at settlement, not at contract date.
Consider a Service NSW employee who signs a contract for a two-bedroom apartment in Parramatta at $680,000 with a 10% deposit. The deposit is structured as 5% at contract and 5% at slab down, then nothing more until settlement in 18 months. The delay before settlement allows this buyer to continue saving and strengthens their application when the lender assesses them closer to completion. The revaluation at settlement can work in your favour if the market lifts, but if values drop below the contract price, the lender may lend less than expected and require you to cover the difference.
For Service NSW employees, buying your first home off-the-plan often aligns with stable employment and the ability to plan ahead. The contract timeline gives you certainty around when you will need full approval and how much time you have to arrange your finances.
How the Deposit Structure Works for Off-the-Plan Contracts
Off-the-plan deposits are usually paid in instalments rather than one upfront payment. A typical structure is 10% total: 5% on exchange and 5% at a construction milestone such as slab down or first floor completion. Some developers ask for more, particularly for higher-value apartments or house-and-land packages, but 10% in two instalments is common across New South Wales.
The deposit must come from genuine savings or a gift from an immediate family member. Lenders define genuine savings as funds held in your account for at least three months before you apply. Borrowed money, including personal loans or credit card cash advances, does not qualify. If a parent or sibling provides a gift, the lender will ask for a signed declaration confirming the funds are non-repayable.
Under the Australian Government 5% Deposit Scheme, you can purchase with just 5% down and avoid LMI. For a $680,000 apartment, that means $34,000 plus settlement costs. This scheme applies to off-the-plan purchases as long as the property falls under the New South Wales regional centre cap of $1,500,000, which it does. Parramatta qualifies as a regional centre under the scheme's postcode table. Service NSW employees can access this scheme through participating lenders without needing to apply directly to Housing Australia.
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First Home Buyer Stamp Duty Concessions in New South Wales
New South Wales offers full stamp duty exemption on properties valued up to $800,000 and a sliding concession between $800,001 and $1,000,000. For off-the-plan contracts, duty is calculated on the contract price at the date you sign, not the valuation at settlement. If you sign a contract at $680,000 and the property is valued at $720,000 at settlement, duty is still calculated on $680,000. You also qualify for the $10,000 First Home Owner Grant if the property is new, which all off-the-plan purchases are by definition.
You must move into the property within 12 months of settlement and live there for at least 12 continuous months. If you do not meet this requirement, Revenue NSW can withdraw the concession and charge full duty plus interest. Buyers who purchase off-the-plan with the intention to rent the property out immediately are not eligible for the stamp duty exemption or the grant.
For a $680,000 off-the-plan apartment in Parramatta, the stamp duty saving is approximately $26,000, and you also receive the $10,000 grant. Combined, that reduces your upfront cost by $36,000 compared to paying full duty. The exemption and grant can be claimed at the same time as long as you meet the eligibility criteria for both.
Pre-Approval and Timing for Off-the-Plan Purchases
Most buyers obtain conditional pre-approval before signing a contract, but this is not formal approval. Conditional pre-approval gives you an indication of how much a lender will likely lend based on your current income, expenses and deposit. It usually lasts three to six months, but off-the-plan settlements often occur 12 to 24 months after contract, so you will need to reapply closer to completion.
Formal approval happens once the property is near completion and the developer provides a completed valuation. The lender orders a valuation to confirm the property is worth at least the contract price. If the valuation comes in lower than the contract price, the lender will base the loan on the lower figure. You then need to cover the shortfall in cash. This is uncommon in rising markets but does happen when apartment supply increases sharply in one area or when construction delays push settlement into a weaker market.
Service NSW employees benefit from stable employment, which lenders view favourably during the formal approval stage. If your income has increased between contract and settlement, your borrowing capacity may also increase. If you have taken on new debt, such as a car loan or higher credit card limit, your capacity may reduce. Keep your financial position steady between contract and settlement.
How Sunset Clauses Affect Off-the-Plan Buyers
A sunset clause sets the latest date by which the developer must complete the property and settle. If the developer cannot meet this date, either party can terminate the contract and your deposit is refunded in full. Developers sometimes use sunset clauses to cancel contracts if property values rise significantly, allowing them to resell at a higher price. Buyers are protected under New South Wales law, which requires the developer to obtain a court order or your written consent before cancelling within 12 months of the sunset date.
When reviewing a contract, check the sunset date and confirm it gives the developer a realistic timeframe for completion. If the sunset date is set too far in the future, you may be locked into a contract for years. If it is too soon, the developer may struggle to complete on time, and you may face uncertainty about whether the contract will proceed.
In a scenario where a Service NSW employee signs a contract for a townhouse in Penrith with a two-year sunset clause and the developer applies to extend completion by another six months, the buyer has the right to refuse the extension and request a refund. The buyer also has the option to agree to the extension if they still want to proceed. Delays are more common in larger apartment developments than in smaller townhouse or house-and-land projects.
Fixed or Variable Rate for Off-the-Plan Settlements
You choose your loan structure at formal approval, not at contract. This means you can decide between a fixed rate, variable rate or split loan based on market conditions closer to settlement. Some buyers lock in a fixed rate if they expect rates to rise, while others prefer a variable rate with an offset account to reduce interest as they continue saving.
An offset account is a transaction account linked to your home loan. Every dollar in the offset reduces the balance on which interest is calculated. If you have $20,000 in your offset and a $650,000 loan, you pay interest on $630,000. Offset accounts are only available on variable rate loans or the variable portion of a split loan. If you fix your entire loan, you lose access to offset and may also face restrictions on extra repayments.
Service NSW employees who receive regular pay and accumulate savings before settlement often benefit from an offset account. It provides flexibility without locking funds into the loan, which means you can access the money if needed. Some lenders also offer redraw on fixed rate loans, which allows you to withdraw extra repayments you have made, but redraw is subject to lender approval and may have fees or delays.
What Happens If the Market Drops Before Settlement
If property values fall between contract and settlement, the lender will base the loan on the lower valuation, not the contract price. You must cover the difference in cash or renegotiate with the developer. Developers are not obligated to reduce the contract price, but some will negotiate if the alternative is the buyer walking away and forfeiting their deposit.
As an example, a Service NSW employee signs a contract for a $720,000 apartment in Homebush. At settlement 20 months later, the property is valued at $690,000. The lender approves a loan based on $690,000, which at 95% loan-to-value ratio is $655,500. The buyer originally planned to borrow $684,000, so they now need to find an additional $28,500 in cash or negotiate a price reduction with the developer. If the buyer qualifies for the 5% Deposit Scheme, they could borrow up to $655,500 and would need to pay the difference between the contract price and the valuation plus their original deposit. This shortfall risk is one reason buyers should maintain savings beyond the minimum deposit and avoid committing all available funds upfront.
Loan Features That Suit Off-the-Plan Buyers
Off-the-plan buyers benefit from loan features that offer flexibility after settlement. An offset account, redraw facility, and no monthly account fees are common priorities. Some lenders also offer portability, which allows you to transfer the loan to a different property without reapplying, and the ability to split your loan into fixed and variable portions.
Lenders mortgage insurance is usually required if your deposit is less than 20%, but Service NSW employees may access LMI waivers through lenders that offer discounted or waived LMI for public sector workers. Not all lenders provide this, and eligibility depends on your occupation classification and the lender's policy. The 5% Deposit Scheme removes LMI entirely, which makes it the preferred option for buyers with a smaller deposit.
If you are considering splitting your loan, a common structure is 50% fixed and 50% variable. The fixed portion provides certainty around repayments, while the variable portion allows you to use an offset account and make extra repayments without penalty. Split loans give you exposure to both rate types and reduce the risk of locking in at the wrong time. You can adjust the split ratio based on your preference, such as 70% fixed and 30% variable, depending on how much certainty you want versus how much flexibility you need.
Call one of our team or book an appointment at a time that works for you. We work with Service NSW employees across the state and can connect you with home loan options that match your deposit level and settlement timeline.
Frequently Asked Questions
How does the deposit work for an off-the-plan purchase?
Off-the-plan deposits are usually paid in instalments, typically 10% total with 5% at contract and 5% at a construction milestone like slab down. The deposit must come from genuine savings or a non-repayable gift from immediate family. Under the 5% Deposit Scheme, you can purchase with just 5% down and avoid LMI.
When do I apply for formal loan approval for an off-the-plan property?
You obtain conditional pre-approval before signing the contract, but formal approval happens closer to settlement once the property is near completion. The lender will revalue the property at that time, and your loan amount is based on the lower of the contract price or the valuation.
What happens if the property is valued lower than the contract price at settlement?
The lender bases your loan on the lower valuation, not the contract price. You must cover the shortfall in cash or negotiate a price reduction with the developer. Maintaining savings beyond the minimum deposit reduces this risk.
Can I use the First Home Owner Grant and stamp duty exemption together?
Yes, you can claim the $10,000 First Home Owner Grant and the full stamp duty exemption on properties up to $800,000 at the same time. Both apply to new properties, which includes all off-the-plan purchases, as long as you meet the residency requirements.
Should I choose a fixed or variable rate for an off-the-plan purchase?
You choose your rate type at formal approval, not at contract. A variable rate loan gives you access to an offset account and allows extra repayments without penalty. A split loan offers both certainty and flexibility by dividing your loan between fixed and variable portions.