Land and property acquisition

Transport for NSW may need to acquire privately owned land as part of developing or upgrading infrastructure.

The purpose of this information is to give you an understanding of what to expect if your property is to be acquired. However it is not legal advice nor a statement of legal rights and should not be relied on as such.

A property is described as being 'directly affected' by a project when TfNSW needs to acquire part or all of it in order to deliver the project. TfNSW will, at the relevant time, contact owners of affected properties.

If private property is directly affected, TfNSW has the authority to acquire it under the NSW Roads Act (1993), either by negotiation and agreed sale or through a compulsory acquisition process.

An owner's entitlement to compensation for their land being acquired is provided by the Land Acquisition (Just Terms Compensation) Act 1991.

The Land Acquisition Information Guide (PDF, 1.03 MB)sets out in detail the processes relating to land acquisition.

Guides and fact sheets

Foreign Residents Capital Gains Withholding Tax Fact Sheet

July 2017

A short fact sheet summarising the foreign resident capital gains withholding tax regime. While this factsheet should not be relied upon without further advice, it explains the imposed tax regime withholding tax for foreign owners of property.

Foreign Residents Capital Gains Withholding Tax Fact Sheet (PDF, 48.7 KB)

Exceptional Hardship Land Purchase guideline

August 2016

This guide provides some important information for land owners who are experiencing exceptional hardship. It explains the process when Transport for NSW may, in its absolute discretion, purchase residential properties not within the construction footprint of a road project, or otherwise required for the project, if land owners are able to demonstrate and meet the criteria for exceptional hardship. The guide does not constitute legal advice.

If you would like to speak to the exceptional hardship coordinator, please contact Transport for NSW on (02) 8849 2905.

Exceptional Hardship Land Purchase guideline (PDF, 65.97 KB).

Property acquisition fact sheet

April 2014

A short fact sheet providing a general overview of the acquisition process.

Property acquisition fact sheet (PDF, 1.26 MB)

Land acquisition information guide

July 2014

This guide explains in more detail what happens when Transport for NSW needs to acquire private land to upgrade roads, build new roads or maintain existing roads. The purpose of the guide is to give people a good understanding of what to expect if their property is affected by land acquisition.

Land acquisition information guide (PDF, 1.03 MB)

Property acquisition of subsurface lands

October 2021

A short fact sheet explaining the process when Transport for NSW needs to acquire privately owned land below the surface of the ground, as part of developing or upgrading road assets such as tunnels. These acquisitions are referred to as 'subsurface acquisitions'.

Property acquisition of subsurface lands (PDF, 558.4 KB)