Selling property in NSW: what changed for sellers, before vs now
If you are selling a property in NSW, the rules for how it is priced and advertised are changing more than they have in a decade. New laws passed in June 2026 will make a price or price range compulsory in almost every sale ad. Some changes already apply; the main pricing rules are expected to start in late 2026.
If the property is rented out, the 2025 tenancy reforms also change how and when you can ask a tenant to leave before selling. See our rental law changes guide for the full list.
Before vs now: the key changes for sellers
| What changed | Before | Now | Since |
|---|---|---|---|
| Advertise a home for sale with no price ("Contact agent", "Auction") | Yes | No. Every residential sale ad needs a price or price range, except a for-sale sign | Expected late 2026 |
| Advertise below a rejected written offer or the highest passed-in auction bid | Not specifically banned | No | Expected late 2026 |
| Ask a tenant to leave so you can sell | Yes, without a reason (90 days on a periodic lease) | Yes, with evidence (draft contract or agency agreement); 90 days periodic, 60–90 days fixed term; can't re-let for 6 months | 19 May 2025 |
| Notice after exchanging contracts that require vacant possession | 30 days | 30 days (unchanged) | — |
| Notice before advertising photos or video of a tenanted home | No set period | 7 days; written consent if the tenant's belongings are visible | 21 September 2026 |
| Foreign purchaser stamp duty surcharge | 8% | 9% | 1 January 2025 |
| Foreign owner land tax surcharge | 4% | 5% | 2025 land tax year |
"Expected" dates are NSW Fair Trading's current estimates. The exact start dates will be set once supporting regulations are made.
What this means if you are selling
Expect a real price on day one
Your agent will have to publish a price or range and back it with comparable sales. Ask to see those sales before you sign the agency agreement, so the advertised price matches your expectations.
A rejected offer sets a floor
If you reject a written offer only because it is too low, the agent can't advertise below it afterwards. The same applies to the highest bid at an auction that passes in.
Selling a tenanted property?
Decide early whether to sell with the tenant in place or with vacant possession. Ending a periodic lease for a proposed sale now needs 90 days' notice and evidence, and if the sale doesn't go ahead you can't re-let for 6 months. Investors often attract more buyers by selling with a good tenant and a clean rent record.
Book photos with the tenant early
Allow at least 7 days' notice before the photographer comes, and get written consent if the tenant's belongings will be in the shots.
Overseas owners: check the surcharges
The foreign purchaser duty surcharge is now 9% and the foreign owner land tax surcharge 5%. This affects both your holding costs and the pool of buyers. Speak to your accountant or solicitor about your situation.
Thinking of selling?
We manage rental properties and sell them, so we can plan a sale around your tenant, the notice rules and the new advertising requirements from the start. Our English and Chinese speaking team also works with owners based overseas.
Areas we manage:GosfordWoy WoySydney CBDMarrickvilleWolli CreekAll regions
Sources: NSW Fair Trading: changes to property and stock agents laws; NSW Government: underquoting laws; Minimum notice periods; Revenue NSW. This guide is general information, not legal or tax advice.