Buyer’s guide  ·  NSW

Notices to complete in NSW: what buyers and sellers need to know

A notice to complete gives the other party a final, essential deadline to settle. Here is how it works in NSW, when it is valid and what to do if you receive one.

Settlement day has come and gone, and the other side still hasn’t settled. What now? In NSW, the usual next step is a notice to complete.

A notice to complete is a formal notice that gives the other party a final deadline to settle. If they miss it, you may be able to end the contract. This guide explains how it works, when it’s valid and what to do if you receive one.

Updated October 2026 to reflect current law.

What is a notice to complete?

In most NSW contracts, the settlement date is not essential. That means missing it by a few days doesn’t automatically let the other side walk away. It’s a breach, but not one that ends the contract on its own.

A notice to complete changes that. It sets a new deadline and makes time of the essence. In plain terms, the new date becomes a strict deadline. If the other party doesn’t settle by then, the party who served the notice can usually terminate the contract.

Either the buyer or the seller can serve a notice to complete, as long as they are entitled to.

What does the NSW contract say about a notice to complete?

Most NSW residential sales use the Law Society and REINSW standard Contract for the sale and purchase of land. Clause 15 says the parties must complete by the date for completion. If they don’t, a party can serve a notice to complete if that party is otherwise entitled to do so.

The standard clause doesn’t set a notice period. Under the general law, the notice must give a reasonable time to settle. What’s reasonable depends on the facts. Courts have generally accepted 14 days as reasonable in ordinary cases, but a shorter period can be risky.

Many contracts include a special condition that fixes the period, often at 14 days. Some also say the party in default must pay interest or a fee for the notice. Always check the special conditions in your contract.

When is a notice to complete valid?

A notice to complete is a serious step, and courts expect it to be done properly. A notice may be invalid if:

• It’s served too early. It can generally only be served after the date for completion has passed, and after any agreed extension.
• The sender isn’t ready, willing and able to settle. For example, a buyer without finance in place, or a seller who can’t hand over clear title.
• The sender caused the delay. A party can’t rely on a delay it is responsible for.
• The time given isn’t reasonable, or doesn’t match what the contract requires.
• It isn’t served correctly. It must be in writing and served in a way the contract and the law allow.
• It’s unclear or inconsistent with the contract, for example by naming the wrong date or property.

If you’re unsure whether a notice you’ve received is valid, get advice before the deadline. Don’t simply ignore it.

What happens if the deadline is missed?

Once a valid notice expires, the party who served it can usually terminate the contract. What happens next depends on who was in default.

The exact rights depend on the contract, so get advice before you act. Terminating wrongly can itself be a serious breach.

I’ve received a notice to complete. What should I do?

1. Act immediately. Note the deadline and the time of day it expires.
2. Send it to your solicitor or conveyancer so they can check whether it’s valid.
3. Check you can settle. Speak to your lender about finance and make sure all documents are ready.
4. If you can’t make the deadline, ask your lawyer about seeking an extension in writing. Never rely on a verbal promise.
5. Expect costs. Your contract may make you pay interest or a fee for the notice.

Thinking of serving a notice to complete?

Before you serve a notice, make sure you are genuinely ready to settle, with funds, approvals and documents in place. Check the contract for any agreed notice period or extension. A defective notice can weaken your position and may give the other side a reason to resist.

The best way to avoid this stress is to be ready by the date for completion. Our guides on what to expect on settlement day and pre-settlement inspections can help you prepare. If you’re buying close to the holidays, read our guide to buying or selling over Christmas and New Year.

Frequently asked questions

This article is general information only and is not legal advice. It reflects NSW law at the date of publication. Please contact us for advice about your circumstances.

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