Inner Sydney

Conveyancing in The Rocks.

Most land in The Rocks is not governed by Sydney LEP 2012 but by the Sydney Cove Redevelopment Authority Scheme of 1971, and much of it is State land that the law says can be leased but not sold.

Section 19 of the Place Management NSW Act 1998 says Place Management NSW, which trades as Placemaking NSW, has no power to sell or exchange its core land, and caps any lease at 99 years including options. The City of Sydney told the State in 2018 that The Rocks sits outside the jurisdiction of Sydney LEP 2012. So a contract here can be for an interest under a lease, controlled by a planning scheme written for this precinct more than fifty years ago.

Prepared reviews your contract for sale and the documents prescribed to be attached to it against what The Rocks actually raises. Whether you are buying a freehold title or an interest under a lease, and who the lessor is. Which planning instrument the section 10.7 certificate names. Whether the building is on the State Heritage Register and what approvals sit behind past works. What the strata records say, if the lot is in a scheme. You get answers you can act on before the cooling off period runs out.

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The Rocks at a glance

Postcode
2000
Council
City of Sydney
Water utility
Sydney Water (confirm by address)
Most common dwelling
Flat or apartment

Authorities for The Rocks

Check it yourself

Links to government and third-party sites. We do not control what they publish, and the section 10.7 certificate and the documents attached to the contract for the specific property remain the source of truth.

About The Rocks

The Rocks sits on the western side of Sydney Cove, between the harbour foreshore and the southern approaches to the Harbour Bridge. George Street, Harrington Street, Cumberland Street and Gloucester Street run through it, joined by lanes, stairs and Gloucester Walk, and Argyle Street passes through the Argyle Cut, State Heritage Register item 01523, gazetted 10 May 2002. There is no station inside the suburb. Circular Quay, served by trains, ferries and the L2 and L3 light rail lines, is the nearest.

Cadman's Cottage at 110 George Street is State Heritage Register item 00981, gazetted 2 April 1999. Susannah Place, the row at 58 to 64 Gloucester Street, is item 01310, gazetted 10 December 1999. The Cumberland Street archaeological site at 106 to 128 Cumberland Street, excavated in 1994 and known as the Big Dig, is item 01845, gazetted 17 December 2010.

What the market here means for your contract

At the 2021 Census, The Rocks had 629 residents and 440 private dwellings, with 275 occupied and 139 unoccupied on Census night. Flats or apartments made up 94.5% of occupied private dwellings and semi-detached, row or terrace houses and townhouses 4.7%, and there were no separate houses. Of occupied dwellings, 57.5% were rented, 25.8% owned outright and 11.6% owned with a mortgage.

The practical effect is that a Rocks file has two layers to read before the contract itself. The first is tenure: whether the title is freehold or a lease from Placemaking NSW, how long the lease has to run, and whether the lessor must consent to a transfer. The second is the building: the strata scheme if there is one, and the State heritage listing that governs what can change.

Before you sign

In New South Wales you get 5 business days to cool off on an established home, 10 for off the plan, and none at all at auction. If you agree to waive the cooling off period and provide a 66W Certificate then no cooling off applies as well.

That is the whole window. If the property is going to auction, the review has to happen before you raise your hand, and it costs you nothing to have it done. There is no reason to be the person who finds out afterwards.

Local detail

What we check in The Rocks

A 1971 scheme, not Sydney LEP 2012

The principal planning instrument in The Rocks is the Sydney Cove Redevelopment Authority Scheme, a deemed environmental planning instrument dated 3 February 1971 that is still continued under the State's savings and transitional regulations. The City of Sydney said in its 2018 submission on the Sirius site that The Rocks is outside the jurisdiction of Sydney LEP 2012. The Scheme controls building envelopes by reduced levels rather than the zones and floor space ratios used elsewhere in the city. The Sirius site at 36 to 50 Cumberland Street is different again: since 3 August 2018 a State planning policy has applied there, with the Minister as consent authority. We read which instrument the section 10.7 certificate names for your address.

Core land is leased, not sold

Under section 19 of the Place Management NSW Act 1998, Place Management NSW has no power to sell or exchange core land, which includes land in the former Sydney Cove Redevelopment Authority area that is vested in it. It may lease or license that land, with the Minister's consent unless the term is five years or less, and no lease can run longer than 99 years including options. Some buildings have left State hands, such as the Sirius building, sold in 2019. So the first question on a Rocks contract is what you are buying: a freehold lot, a strata lot, or an interest under a lease, and what that lease says about assignment, rent and expiry.

The State as landowner

Placemaking NSW, the trading name of Place Management NSW, owns and manages The Rocks, and the Minister controls and directs it under section 28 of the Act. It keeps its own heritage and conservation register under section 170 of the Heritage Act 1977, with about 110 entries in The Rocks, and holds delegations and exemptions for the land it manages. Where the land is core land, an application to change a building is likely to need the landowner's consent as well as planning approval. We check who the owner and lessor are on the title and what consents the lease reserves.

State heritage approvals and upkeep

Many Rocks buildings are individually listed on the State Heritage Register, among them Susannah Place (01310), Playfair's Terrace (01570) and the Argyle Cut (01523). Altering a State listed item needs approval under the Heritage Act 1977 unless an exemption applies, and Heritage NSW deals with those as section 60 applications. Sections 118 and 119 of the Act also set minimum standards of maintenance and repair and make the owner responsible for meeting them, covering weather protection, fire protection, security and essential maintenance. We check the register for the address and ask what approvals sit behind past works.

What lies under the building

The Cumberland Street archaeological site, excavated in 1994, has been on the State Heritage Register as item 01845 since 17 December 2010, and Placemaking NSW publishes an archaeological management plan for The Rocks and Darling Harbour that applies to work from routine maintenance to major development. Under the Heritage Act 1977, excavation that may expose a relic needs a section 140 permit unless an exception under section 139(4) applies, and those exceptions do not cover relics of State significance or relics on the State register. A relic found during works must be notified under section 146. If you plan works that go into the ground, such as new services, footings or a lift, we tell you what to ask before you commit.

Get a Free Contract review

How it works in 3 steps

Step 1

Upload your contract

Upload your contract, add a few details and you’re done. No appointment to book, no credit card and no obligation.

Step 2

Same business day review

In before 2pm, back before you need it.

We’ll send you a free legal review to help you understand what matters, what to watch for and what to do next.

Step 3

Your call

Walk away, or have us run the matter through to PEXA settlement for $1,900 incl. GST fixed.

Either is fine with us.

How we help in The Rocks

Contract for sale reviews

Before you sign anything, we review the contract for sale and explain the terms, special conditions and risks that could affect your purchase.

Prescribed documents and the 10.7 certificate

The documents attached to the contract carry the section 10.7 planning certificate, the title and plan, the sewerage diagram, easements and restrictions, and for strata the scheme documents and by-laws. We explain what they mean and flag anything that deserves a closer look.

Property conveyancing

Buying or selling, we manage the legal transfer of ownership, prepare the documents and coordinate every party through to settlement.

Settlement and statement of adjustments

We prepare and check settlement figures, including council rates, water rates, strata levies and other adjustments, so nothing is wrong on the day.

Electronic settlement

Land dealings in New South Wales must be lodged electronically, and certificates of title were cancelled in October 2021. We run the whole process securely and keep you informed at each step.

Strata due diligence

Buying an apartment or townhouse means buying into a strata scheme. We review the section 184 certificate, the records, financial statements, by-laws, the capital works fund, maintenance obligations and any known issues.

Easements, covenants and title restrictions

We explain everything affecting the title, including easements, restrictions on the use of land and positive covenants created by a section 88B instrument, caveats, mortgages and other registered interests that could limit what you do with the property.

Transfer duty and land tax clearance

We calculate your duty, prepare the documents and lodge everything with Revenue NSW, and we obtain the land tax clearance certificate so an unpaid charge on the land does not follow you.

See everything we handle across Inner Sydney

Why Prepared

Anyone can offer a free review. What matters is what comes back, and who wrote it.

 

Speed

Same-day contract reviews. While others wait on a callback, you are at the next inspection ready to offer.

Expertise

Your contract is reviewed by experienced Australian property lawyers who understand the local property market. In The Rocks that means working out whether you are buying a lease or a freehold, which planning instrument the certificate names, and what the State heritage listing allows, not a generic checklist.

Fixed fee

One price for the conveyancing, published before you commit. No hourly billing, no surprises on the invoice, and no charge at all for the review that got you there.

What it costs

Nothing to have it read. One price if you go ahead.

Most conveyancers charge for a review, or ask you to request a quote before they will tell you anything at all. Here is the whole thing, so you can compare without making a phone call.

Free

Contract review

No obligation, as many properties as you need for your first 90 days, then $49 a review. Back in 4 business hours.

$1,900

Full conveyancing, buying

Incl. GST, fixed. Contract through to PEXA settlement, adjustments and duty lodgement.

$300

Selling, and it does not sell

Professional fees only, plus the cost of any searches already ordered. You are not billed for a settlement that never happened.

Government charges, searches and transfer duty are payable in addition and are set by the State, not by us. We tell you the total before you instruct.

Start with the free review

Common questions

Does Sydney LEP 2012 apply in The Rocks?

Generally no. The principal planning instrument is the Sydney Cove Redevelopment Authority Scheme of 1971, and the City of Sydney has said The Rocks is outside the jurisdiction of Sydney LEP 2012. The Sirius site at 36 to 50 Cumberland Street is under a State planning policy instead. The section 10.7 certificate for the address names the instrument that applies.

Can I buy freehold in The Rocks?

Sometimes, but do not assume it. Core land held by Place Management NSW cannot be sold, only leased or licensed, and a lease cannot run longer than 99 years including options. Some buildings have been sold by the State, so the title documents attached to the contract are what show whether a lot is freehold or leasehold and who the lessor is.

Which council is The Rocks in?

The Rocks is in the City of Sydney local government area, but planning works differently here. Much of the land is owned and managed by Placemaking NSW, the main planning instrument is a 1971 State scheme rather than the council's LEP, and the Sirius site has the Minister as consent authority. The section 10.7 certificate for the address shows which instrument applies.

Buying or selling in The Rocks?

Send us the contract. You will get it back reviewed, in plain English, with the issues that matter flagged.