Transfer your lease

Crown land leases can be transferred or assigned during their term. This process involves legal documentation and may require the Minister’s consent depending on the lease type and purpose.

In some instances, such as a lease for a community purpose, a letter of consent from us may suffice to approve the transfer; this will be determined on a case-by-case basis.

You can buy and sell a Crown land lease during its term. When transferring a Crown lease, the seller (assignor) gives their rights under the lease to the buyer (assignee) using a document called a Deed of Assignment.

This document makes the new tenant responsible for following the lease terms as if they were the original tenant. The Deed of Assignment is an agreement between three parties:

• Lessor—the State of New South Wales (Crown lands)
• Assignor—the seller
• Assignee—the buyer.

In some cases, like leases for community purposes, a letter of consent from us might be enough to approve the transfer. This will be decided individually.

What you need to apply

The following supporting documentation is required as part of the application form along with the prescribed fee:

• Details of the proposed assignee.
• Australian Securities Investment Commission (ASIC) current and historical company extract of the proposed assignee.
• Demonstration of financial capacity to operate a commercial business in line with the lease purpose, including but not limited to:
  • Financial statements for the past 3 years.
  • Certified copy of the contract of sale.
  • Registered power of attorney where applicable.
  • Credit report.
  • Public liability insurance certificate of currency.
  • Details of relevant skills and experience aligned to the proposed activity by the proposed assignee.
  • Evidence of the proposed assignee’s capacity to meet financial obligations under the lease, including rent, make good, proposed capital works (if any), and maintenance.
  • Copy of the contract for the sale of the business, or the contract for the transfer of capital as agreed between the parties to the transfer of the business.
  • Copy of all development consents, permits, and/or approvals related to the business and other relevant activities carried out or proposed to be carried out on the property.
  • Details of any other associated agreements to be assigned in addition to the main agreement.

Start your application

If you hold a perpetual lease, perpetual special lease, term special lease, or non-commercial term lease over Crown land, you can buy or sell it during its term. The transfer process involves the current lessee (seller) transferring their rights to the proposed lessee (buyer) through a Contract of Sale. Once the NSW Land Registry Services registers the transfer documents, the new leaseholder must follow all lease obligations as the previous leaseholder did.

Transferring these leases typically involves 2 parties:

• The current leaseholder (seller).
• The proposed leaseholder (buyer).

The Minister's consent for the lease transfer will not be granted if the lease account has unpaid debt. Any outstanding payments must be cleared first.

What you need to apply

The following supporting documentation will need to be submitted with the online application form depending on the nature of the transfer:

• A copy of Page 1 of the Contract of Sale (or a copy of an executed agreement if an intergenerational transfer).
• If transferring to a company, a copy of a current Australian Securities Investment Commission (ASIC) search which lists the directors and position holders within the company.
• For the transfer from a deceased estate to the beneficiary, a copy of the will and the probate notice. The same applies if transferring to the executor(s) if the lease is to be on sold.

Depending on the lease conditions and notifications on the Lands Title Register, you might need the Minister’s consent to sublease a Crown land lease.

Start your application

We will send you an invoice for any fees after we receive your application. Once you pay the application fee, we will process your application.