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In Australian house and land sales, a build contract becomes unconditional once all contingencies or conditions in the contract have been met, waived, or expired.

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Common Conditions

Build contracts typically include several requirements that must be satisfied:
  • Finance Approval: The buyer needs formal construction finance approval, and the condition is met once approval is granted and communicated to the builder.
  • Land Ownership or Settlement: Many builders require the buyer to legally own the land before the contract becomes binding, though some allow conditional signing beforehand.
  • Council or Developer Approvals: Contracts may depend on covenants, building guidelines, or development/building applications.
  • Pre-Construction Requirements: These include signed plans, color selections, soil tests, and contour surveys.
  • Timeframe Expiry: If the buyer doesn’t terminate within the condition period, the contract may automatically become unconditional.

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Key Milestones

A contract is typically unconditional when finance is approved, land is settled, all pre-site documents are completed, and the builder confirms the binding status.

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After Going Unconditional

Once unconditional, the buyer becomes locked into the construction schedule, the builder must proceed with work, and termination becomes difficult with potential financial penalties.