Can the developer change the plans after I sign?

Yes, within limits. Most contracts let the developer make some changes, such as finishes or small differences in area. But each state requires notice of significant changes and lets you end the contract if a change materially affects what you're buying. The time limits are short, often 14 to 21 days, so act as soon as you're told.

What does my contract let the developer change?

Off-the-plan contracts usually include a variation clause. It typically allows changes to finishes, fittings and colours, small differences between the plan and the finished floor area, and changes required by the council, the land registry or a building surveyor. Some clauses go much further. The law in each state adds protections on top of the contract, but much depends on what you signed. That's why the variation clause is one of the first things we check in a contract review, and one of the terms most worth negotiating.

Victoria

The Sale of Land Act 1962 has several rules for off-the-plan contracts:

• Amendments to the plan of subdivision. If the land registry requires, or the developer asks for, an amendment to the plan before it's registered, the developer must tell you in writing within 14 days. If the amendment will materially affect your lot, you can rescind within 14 days of being told (section 9AC).
• Changes that limit use. If an amendment restricts or limits the use of your lot, you can end the contract at any time before the plan is registered, unless the change came from a recommendation of a public authority or government department (section 10).
• Works that change ground levels. The developer must disclose works affecting the natural surface level of your lot or neighbouring lots in the subdivision. If it doesn't, you can rescind before the plan is registered (sections 9AB and 9AE).

If you rescind under these sections, you're entitled to your deposit back straight away, less any occupation fees you've paid (section 9AF).

New South Wales

An NSW off-the-plan contract must come with a disclosure statement and draft documents, including a draft plan, a proposed schedule of finishes and draft by-laws. If a material particular changes, such as the plan, the by-laws, the schedule of finishes, or easements and covenants, the developer must notify you. You then have 14 days to act. If you wouldn't have signed had you known of the change, and you're materially prejudiced by it, you can rescind and get your deposit back. Or you can go ahead and claim compensation of up to 2% of the price. The developer must also give you the registered plan at least 21 days before settlement.

Queensland

For an apartment or townhouse in a community titles scheme, the Body Corporate and Community Management Act 1997 applies. Before you sign, the developer must give you a disclosure statement with a disclosure plan, the estimated body corporate levies and the proposed community management statement. You can rely on it as if the developer had promised it was accurate. If anything in it is inaccurate, the developer must give you a further statement at least 21 days before settlement. If you'd be materially prejudiced by having to complete, you can terminate by written notice within 21 days of receiving it.

Once the scheme is registered, you can also terminate if the registered community management statement differs from the one you were given, or the disclosure is inaccurate, and you'd be materially prejudiced. Notice must be given by the later of 14 days after you're told the scheme is established and 3 days before settlement. The seller must then refund what you've paid within 14 days.

What counts as material?

There's no fixed percentage. A lost car space, a smaller floor area, a new easement across the lot or a big rise in expected levies are the kinds of change that can matter. Whether a change is material depends on the facts and on what you bought the property for. The developer calling it minor isn't the last word.

What should I do when a notice arrives?

Note the date you received it, because the time limit runs from then. Compare it with your contract and the plans you were given. Then get advice quickly: ending the contract is a big step, and some changes are better dealt with by negotiating compensation or other terms. We can review the notice, tell you your options and deadlines, and deal with the developer's lawyers. If the problem is delay rather than change, see our guide to sunset clauses, and for other ways out, when a buyer can terminate an off-the-plan contract.