There’s a Hidden Surveillance Issue Buyers Need To Know About

Buyers could be walking into open homes without realising they are being recorded – and what happens to that footage could create legal and trust issues for sellers and agents.

Security cameras, smart doorbells, microphones and other connected devices are now common in Australian homes.

But if they remain active during an inspection or open home, buyers and agents could be captured on camera – and potentially recorded in conversation without realising it.

A recent US survey found 56% of sellers kept recording devices active during open homes, with some reviewing footage to gauge buyer interest or gather information they could use in negotiations.

The survey also found that knowing they were being recorded could make buyers less comfortable and potentially less likely to make an offer.

The bottom line for buyers: before you start discussing what you think of the house, how much you might pay or whether you’re ready to make an offer, it may be worth asking: are you being recorded?

For Australian sellers, there are three key issues:

  • Could the recording itself be unlawful?
  • A camera or smart device may capture private conversations, particularly when the owner is not present
  • What happens to the footage?

Even where the original recording is permitted, using or sharing the footage may raise separate legal issues.

Could surveillance undermine buyer trust?

If buyers discover they have been recorded without their knowledge particularly if footage is used to assess their interest, budget or negotiating position, it could damage buyer confidence.

The safest approach

  • Before an open home, sellers should identify every recording device at the property, including cameras, smart doorbells, microphones, smart speakers and security systems
  • Agents should know whether each device records video, audio or both, and audio recording should be disabled during inspections wherever possible
  • If video surveillance remains active, buyers should be clearly informed before entering the property, with appropriate signage in place
  • Sellers should also establish who can access the footage, how long it will be retained and when it will be deleted
  • And perhaps most importantly, buyers and agents should have sensitive conversations away from the property rather than assuming a smart device is switched off

The rules across Australia

This is a practical overview as at 10 August 2026. It is not legal advice. Terms such as ‘private conversation’, ‘private activity’, ‘consent’ and ‘lawful interests’ have specific legal meanings.

NSW

Recording a private conversation is prohibited when the person operating the device is not part of it.  A party to the conversation needs the consent of all parties. Restrictions also apply to possessing, communicating or publishing unlawfully obtained material. An absent vendor should not leave audio recording active during an open home.

VIC

A person cannot use a listening device to record a private conversation to which they are not a party.  Recording a private activity with an optical device requires the permission of each party. Turn off audio and disclose any active cameras.

QLD

A listening device cannot be used to record a private conversation by someone who is not a party to it.  A participant may record the conversation, but separate restrictions apply to communicating or publishing it. Queensland’s legislation does not provide the same general regulation of visual surveillance, but other privacy and criminal laws apply.

WA

The rules are particularly strict.  Listening devices cannot generally be used to record private conversations, and optical devices cannot generally record private activities, whether or not the operator is participating, unless a statutory exception applies.  Consent requirements and restrictions on sharing also apply.  Audio should be disabled and legal advice obtained before recording any inspection.

SA

Private conversations and private activities are regulated.  Consent or a specific exception is required. Exceptions concerning lawful interests or protection of premises are narrow and should not be treated as permission to monitor buyers for negotiating information.  Turn off audio and disclose any video recording.

TAS

A person cannot use a listening device to record a private conversation to which they are not a party.  The Act also restricts communicating, publishing and possessing unlawfully obtained recordings.  It does not establish the same general regime for optical surveillance.  An absent vendor should not record audio.

ACT

The ACT prohibits recording a private conversation whether or not the operator is a party, unless consent or a limited exception applies.  Communication, publication and possession are also regulated.  Audio should be disabled unless proper consent and legal authority have been confirmed.

NT

A person cannot use a listening or optical surveillance device to record a private conversation or private activity to which they are not a party without the required consent.  An absent vendor should turn off audio and disclose active video surveillance.

Issued by: First National Real Estate

For more information contact:

Stewart Bunn, First National Communications & Corporate Affairs – 0413 624 317