What to hand the conveyancer so levy clearance doesn't stall it
Hand your conveyancer the right documents early to avoid levy clearance delays: authorisation, arrears statements, and identity. What to chase and when.
Levy clearance can quietly derail a sectional title transfer if the seller hasn't settled arrears, and your conveyancer will stop progress cold until it's sorted. What you hand over at the start—and what you chase down—determines whether that clearance letter arrives on time or becomes the reason your transfer stalls weeks in.
The conveyancer's job is to obtain the body corporate's levy clearance certificate, but they can only do that work if you've given them the right ammunition. Your first task is straightforward: provide the seller's contact details and authorisation to request the certificate on their behalf. Without written permission from the registered owner, the body corporate won't release anything. Get this signed immediately—it costs nothing and unlocks everything else.
What the body corporate actually needs from you
The body corporate's managing agent or treasurer will ask for proof of identity and the unit number or sectional title deed reference. Your conveyancer will usually gather this, but confirm they have the seller's ID copy and the correct property description. If the property has changed hands recently or the seller's name differs on older correspondence, small mismatches can cause delays. Also hand over any notice of debt the seller received from the body corporate—this shows what arrears exist and often prompts faster processing because the amount is already on file.
If the seller is in arrears, don't panic. The body corporate will issue a clearance certificate only once the debt is paid, so your conveyancer needs to know exactly what's owed. This is where the Homeowners Interest Group or the scheme's audited financial statements matter: they confirm the arrears amount. Ask the seller to request an up-to-date statement from the managing agent showing all unpaid levies, special levies and any other charges. Hand this to your conveyancer so they can communicate the exact figure needed to unblock the process.
The timeline question nobody asks until it's too late
Body corporates are not obliged to issue clearance certificates within a set number of days. Some managing agents turnaround requests in a week; others take three. If your transfer has a closing date, your conveyancer needs to initiate the clearance request immediately—not after the bond is approved or after you've paid your deposit. Early is the only speed that works here.
Ask your conveyancer when they will lodge the request and ask them to give you a date by which they expect the certificate to arrive. If that date creeps past without news, chase them. A managing agent that hasn't responded after two weeks needs a follow-up call, not silence. Your conveyancer should be making this call, but if they're slow to act, prompt them. The longer you wait, the narrower your window to resolve arrears or dispute an incorrect balance.
What stops a clearance letter arriving
The three most common blockers are unresolved arrears, a managing agent that has lost contact details for the body corporate's treasurer, and confusion over which legal owner's name the certificate should reflect. If the seller is on title but the property is held in a trust, the certificate must show the trustee's details, not the trust beneficiary's. This detail matters because it must align with the transfer documents your conveyancer prepares.
Hand your conveyancer any correspondence the seller has received from the body corporate in the past year—demand letters, special levy notices, notices of intent to claim. This paper trail often contains the managing agent's contact number and confirms the arrears history. It also flags if a special levy is pending, which could be issued after your transfer and become your liability.
The one thing sellers often withhold
Some sellers are embarrassed about arrears or hope to settle them after the transfer completes. They may be slow to authorise the clearance request or reluctant to disclose the debt amount. Your conveyancer should work from the assumption that if the seller hasn't provided the clearance voluntarily, arrears almost certainly exist. Don't let that become your problem. Push the seller to settle or agree upfront who will pay what. Your conveyancer can lodge the request conditioned on settlement, but you need clarity on payment responsibility before signing anything.
Getting levy clearance right starts with organised handover: authorisation, identity, arrears statement, and early lodgement. When you find a conveyancer on Strove who specialises in sectional title, use your first conversation to confirm their clearance process and timeline. Speed here depends on preparation, not luck.
Common questions
- What happens if the seller has unpaid levies when I buy?
- The body corporate won't issue a clearance certificate until arrears are settled. Either the seller must pay before transfer, or you agree in writing that you'll pay the debt after taking ownership—but this must be resolved before your conveyancer can complete the sale. Ask your conveyancer to confirm who bears this cost upfront.
- How long does a levy clearance certificate usually take?
- There's no legal deadline, but most managing agents respond within 1–3 weeks if the request is complete and arrears are settled. If you have a fixed closing date, your conveyancer should lodge the request within days of instruction, not weeks. If the certificate hasn't arrived within two weeks, ask your conveyancer to follow up directly.
- What should I give my conveyancer on day one?
- Provide the seller's signed authorisation to request the certificate, a copy of their ID, the unit number and sectional title reference, and any arrears statement from the body corporate or managing agent. If the seller received a demand letter, hand that over too—it speeds up verification.
- Can a pending special levy block the transfer?
- A special levy already issued will be listed on the clearance certificate and must be settled before transfer. One that is pending but not yet issued won't stop clearance, but your conveyancer should ask the managing agent whether any special levy is in the pipeline and confirm it won't become your liability after you take ownership.
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