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Conveyancing

Caveats in NSW: when a buyer lodges one and why

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Short answer

A caveat is a notice on the title of a property that warns anyone dealing with it that someone claims an interest in the land.

A buyer who has signed a contract has an interest that can support a caveat. A caveat prevents most other dealings with the land from being registered, subject to some exceptions set by law.

NSW Land Registry Services charges $182.73 to lodge a caveat from 1 July 2026, and the same to withdraw it.

Current as at 2 November 2026

What a caveat is

A caveat is lodged with NSW Land Registry Services and recorded on the title.

While it is there, it prevents most other dealings with the land from being registered, subject to some exceptions set by law.

It does not transfer the property to you. It protects the interest you claim until the matter is resolved.

Who can lodge a caveat

Only a person with an interest in the land that the law recognises. A buyer under a signed contract for sale is one example.

Only a person who claims an interest in the land itself can lodge one.

When a buyer may lodge one

It is not required on an ordinary purchase. As a matter of practice, buyers consider one where:

  1. Settlement is a long way off, such as an off the plan purchase.
  2. The buyer has paid money to the seller before settlement, beyond a deposit held in trust.
  3. There is a risk the seller may try to sell or mortgage the property to someone else.
  4. There is a dispute about the contract.

Whether one is right for your purchase is advice we give you on your facts.

The fees in 2026-27

  1. NSW Land Registry Services, to lodge a caveat: $182.73 including GST.
  2. To withdraw a caveat: $182.73.
  3. PEXA, to lodge a caveat electronically on a single title: $20.57.

Know the duty on your purchase

Enter the price to see the stamp duty and government fees on the 2026-27 rates.

How a caveat is removed

  1. The person who lodged it withdraws it.
  2. The owner applies to NSW Land Registry Services for a lapsing notice, which is served on the caveator. The caveat lapses 21 days after service unless a Supreme Court order extending it is lodged.
  3. A court orders its removal.

The risk of lodging one without reason

Under the Real Property Act 1900, a person who lodges a caveat without reasonable cause can be liable to pay compensation to anyone who suffers a financial loss because of it.

A caveat should be lodged only on proper advice.

Where people get caught

No interest in the land

Only a person who claims an interest in the land itself can lodge one.

Ignoring a lapsing notice

The caveat lapses 21 days after service unless a Supreme Court order extending it is lodged.

Forgetting to withdraw it

A caveat left on the title can hold up a later sale or loan.

Lodging to pressure the owner

That risks a claim for compensation.

Common questions

What is a caveat on a property in NSW?

A notice recorded on the title that warns others someone claims an interest in the land. It prevents most other dealings with the land from being registered, subject to some exceptions set by law.

Can a buyer lodge a caveat in NSW?

Yes. A buyer under a signed contract has an interest that can support a caveat.

How much does it cost to lodge a caveat in NSW?

NSW Land Registry Services charges $182.73 including GST from 1 July 2026, and the same to withdraw it.

How long does a caveat last in NSW?

Until it is withdrawn, removed by a court, or lapses. If a lapsing notice is served, it lapses 21 days after service unless a Supreme Court order extending it is lodged.

Worried about protecting a purchase? Send us the contract. We advise whether a caveat is right for you.

Send us the contractCall (02) 8062 6300

Fred Kalouche

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.

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