Short answer
Before you sign a contract for land in NSW, check what you can build on it: the zoning, the planning certificate, easements and covenants on the title, services, and whether it is bush fire or flood affected.
First home buyers who qualify pay no stamp duty on vacant land up to $350,000, and a reduced amount below $450,000.
The $10,000 First Home Owner Grant applies to land only together with a building contract.
Current as at 2 November 2026The planning certificate and zoning
The seller must attach a planning certificate from the council to the contract. It is called a section 10.7 certificate.
It shows the zoning and the planning controls that apply, and may show flood and other information.
The zoning tells you what can be built. Do not assume a home can be built because the land is for sale.
If a required document is not attached, the buyer may be able to end the contract within 14 days of exchange.
Easements and covenants
The title can carry easements, such as a right of way or a drainage line, and covenants that restrict what you can build.
These can limit what you can build and where. Read what is an easement.
Services
Check that water, sewer, power and other services are available to the block, and what it will cost to connect them.
Bush fire and flood
The NSW Rural Fire Service has an online check for bush fire prone land, and the planning certificate can confirm it.
New development on bush fire prone land must comply with Planning for Bush Fire Protection.
Check the flood information on the planning certificate as well.
Land in a new estate that is not yet registered
Land in a new estate can be sold before the plan is registered. This is an off the plan purchase of land.
- The seller must give you a disclosure statement and a draft plan.
- The cooling-off period is 10 business days.
- The seller must give you the registered plan at least 21 days before settlement.
- If the seller changes something important, you may be able to end the contract or claim compensation of up to 2% of the price.
- A seller cannot use a sunset clause to end the contract without your consent or a Supreme Court order.
GST on new land
When you buy new residential land from a developer, you usually must pay part of the price to the ATO at settlement, not to the seller.
The amount is one eleventh of the price, or 7% where the seller uses the margin scheme. We arrange this at settlement.
Do you pay stamp duty on vacant land in NSW?
Yes, on the general scale. A first home buyer who qualifies pays no duty on land up to $350,000, and a reduced amount above $350,000 and below $450,000.
- Price of landFirst home buyer pays
- $300,000Others pay $8,557$0
- $400,000Others pay $12,187$7,033.50
The first home buyer must then build and live in the home under the scheme's rules.
Stamp duty on land
Choose Vacant land in the calculator. First home buyers who qualify pay no duty on land up to $350,000.
The grant needs a building contract
The $10,000 First Home Owner Grant is not paid for land alone. It applies when you buy land and sign a contract to build a new home, with a combined value up to $750,000.
Where buyers get caught
The wrong zoning
Check what can be built before you sign.
Hidden easements
An easement can block where the house goes.
Bush fire costs
Bush fire standards can add to the build cost.
Forgetting the GST withholding
Part of the price on new land goes to the ATO at settlement.
Common questions
Do you pay stamp duty on vacant land in NSW?
Yes, on the general scale. A first home buyer who qualifies pays none on land up to $350,000, and a reduced amount below $450,000.
What should I check before buying land in NSW?
The zoning and the section 10.7 planning certificate, easements and covenants, services, bush fire and flood status, and for a new estate, the disclosure statement and draft plan.
Can I get the First Home Owner Grant on vacant land?
Only together with a contract to build a new home, with a combined value up to $750,000.
What is the cooling-off period for buying land off the plan in NSW?
10 business days. For other residential contracts it is 5 business days.
Buying land? Send us the contract before you sign. We check what you can build and what you will pay.
Fred Kalouche, Principal Solicitor, Fred Kalouche & Associates
A solicitor for over 16 years. Acts for buyers across NSW. 6 Russell Street, Granville NSW 2142.
This article is general information only. It is not legal advice for your situation.