Selling a business in the ACT yourself: what's different in Canberra.
You can sell your own business in the ACT without a broker or a licence. The ACT's rules are among the simplest in Australia. The landlord has 28 days to decide on transferring the lease, or is taken to have agreed. You and your guarantors are released from the lease once it's assigned under the Act. And there's no duty on goodwill.
This guide covers only what's different in the ACT. For the full process, from pricing and paperwork to finding buyers and settlement, see How to sell your business yourself.
Transferring your lease
The ACT's Leases (Commercial and Retail) Act 2001 covers retail premises and small commercial premises, so it applies to many offices and workshops as well as shops. For a transfer:
- Give the buyer the disclosure statement first. Before you ask the landlord for consent, give the buyer a copy of the disclosure statement you received for the lease, if there was one, with details of any material changes since.
- Ask the landlord in writing. The landlord can ask for more information or documents about the buyer.
- The landlord has 28 days from your request to consent or refuse in writing. If they asked for more information, they have 21 days from receiving it. You can agree to a longer period.
- No reply means consent. If the landlord doesn't give written notice in time, they're taken to have consented, as long as there's no refusal from a head lessor or mortgagee.
- The landlord's costs. They can recover their reasonable legal and other costs of deciding. They must ask in writing within 6 months, and if you ask them to justify the costs, they can't recover them until they do.
You're released from the lease
Under section 103 of the Act, you and your guarantors are released from further obligations under the lease once it's assigned under the Act's process. So follow the steps above: give the disclosure statement first, then request consent in writing. If the buyer defaults later, the landlord can't come back to you for rent after the assignment.
No duty on goodwill
According to the ACT Revenue Office, transfers of goodwill, intellectual property and statutory licences haven't attracted duty since 1 July 2006. Duty can still apply to land. If you're selling the property with the business, commercial property transactions have a duty-free threshold of $2.1 million from 1 July 2026. Check with your solicitor if property is part of the deal.
Liquor licences
If the business holds a liquor licence, the buyer applies to Access Canberra to transfer it. If there's any doubt the buyer is eligible to hold a licence, contact Access Canberra before applying. Make settlement conditional on the transfer. More in our restaurant guide.
Food businesses
- Notify ACT Health within 7 days. Food businesses in the ACT are registered with ACT Health's Health Protection Service. When the business changes hands, both you and the buyer must notify it within 7 days of the transfer, using the food business variation or transfer form.
- Food safety supervisor. Under the national food safety standard, most cafés, restaurants and takeaways need a certified food safety supervisor. The buyer should arrange this before they take over.
Using an agent instead
In the ACT, business agents must be licensed under the Agents Act 2003. If you'd rather use one, check their licence with Access Canberra before you sign an agency agreement.
A worked example: a Canberra café sale, step by step
An illustrative timeline, not advice. Every sale runs to its own pace.
A licensed café in a Canberra group centre is on a retail lease with four years left plus a five-year option. The owner sells it privately.
| When | What happens |
|---|---|
| Before listing | Get the price right (appraisal, add-backs and comparable ACT cafés for sale), and gather the accounts, lease, disclosure statement and equipment list. Prepare a buyer profile. |
| Weeks 1–6 | Advertise without naming the café. Buyers sign a confidentiality agreement before they get the profile, then inspect. |
| Week 7 | Price and terms agreed, and the contract signed with settlement conditional on the landlord's consent and the liquor transfer. The owner gives the buyer the lease disclosure statement and any changes, then asks the landlord in writing to consent. The buyer applies to transfer the liquor licence. |
| Week 8 | The landlord asks for the buyer's financial details. The buyer provides them. |
| By week 11 | The landlord consents in writing, within 21 days of receiving the information. |
| Settlement | Once the liquor transfer is approved: stock count, keys, lease assigned and the owner released from it, then the agreed handover. Within 7 days, both the owner and the buyer notify ACT Health of the food business transfer. |
GST (usually GST-free as a going concern), capital gains tax and staff entitlements work the same way as in other states. See steps 9 and 10 of How to sell your business yourself, and talk to your accountant. Selling near the border? See Selling a business in NSW yourself, or the guides for Queensland, WA, SA, Tasmania and the NT.
Selling your business in the ACT?
Start with the price. Upload your P&L, and add your lease and roster if you have them. AUS Brokers works out your maintainable earnings with the add-backs explained, applies the multiple range for your type and size of business, and checks comparable businesses currently for sale in the ACT. You can add a buyer-ready profile, with photos, to send to buyers yourself.
An indicative appraisal only. AUS Brokers doesn't provide valuations, and doesn't act for buyers or sellers.
Frequently asked questions
Do I need a licence to sell my own business in the ACT?
No. You can sell your own business without a licence. If you use an agent, they must hold a business agent licence, which you can check with Access Canberra.
Is there stamp duty when a business is sold in the ACT?
Not on goodwill, intellectual property or business licences. Those transfers haven't attracted duty since 1 July 2006. Duty can still apply to land, with a duty-free threshold of $2.1 million for commercial property from 1 July 2026.
How long does my landlord have to consent to transferring my lease in the ACT?
28 days from your written request, or 21 days from receiving any further information they ask for. If they don't reply in writing in time, they're taken to have consented.
Am I released from my lease when I sell my business in the ACT?
Yes. You and your guarantors are released from further obligations under the lease once it's assigned under the Act, so give the buyer the disclosure statement before you request the landlord's consent in writing.
What happens to my food business registration when I sell in the ACT?
Both you and the buyer must notify ACT Health's Health Protection Service within 7 days of the transfer, using its food business variation or transfer form.
General information only, not legal, financial or tax advice. Check your own situation with a solicitor and accountant. The worked example is illustrative.