New Property Law Act for Queensland

The Property Law Act 2023 has been proclaimed and will commence on 1 August 2025.

It’s the most comprehensive set of changes to Queensland’s property laws in around 50 years since the Property Law Act 1974.

Modernisation

The new Property Law Act modernises the 1974 Property Law Act by:

• removing obsolete sections;
• simplifying the language; and
• clarifying sections that have caused confusion amongst practitioners.

Major reform

The Act introduces a new statutory seller disclosure scheme for Queensland.

Under the scheme a seller must give a seller disclosure statement in the approved form and prescribed certificates to a buyer before entering into a contract of sale.

Subject to some exceptions which are set out in the new Act, seller disclosure is compulsory and the seller and buyer cannot ‘contract out’ of the requirements.

Generally, with some limited exceptions, the State must give a seller disclosure statement to a buyer if it is selling property.  However, the State is not entitled to receive a seller disclosure statement if it is buying property.

Other reforms

The new Act introduces a number of other important reforms including:

Leases

• All covenants (other than covenants expressed to be personal) are enforceable after an assignment of a lease by the tenant or a sale of the reversion by the landlord and not just covenants that touch and concern the land.
• A tenant who assigns a lease is entitled to a release on subsequent assignments of the lease.
• A clear process and timeframe is set out for the landlord to follow when asked to consent to dealings with the lease.
• A notice to remedy breach does not need to be given before terminating a lease if a tenant has abandoned the leased premises.

Easements

• Positive and negative covenants in registered easements are binding on successors in title unless the covenant is expressed to be personal.
• Courts are given some expanded powers to impose a statutory right of user or to extinguish or modify an easement.

Sales

• A buyer must give a notice electing to treat a contract as an instalment contract, avoiding the automatic creation of instalment contracts.
• Extensions of time for settlements will be allowed for certain adverse events like inoperative computers systems at a bank, land registry or electronic lodgement network operator.

Deeds

• The limitation period for deeds is reduced from 12 years to 6 years, in line with the limitation period for contracts.

The next step

To prepare for the changes on 1 August 2025, government departments and agencies can:

• Look at the updated forms that have been released including the Seller Disclosure Statement.
• Update precedent land contracts and special conditions, noting that a new REIQ contract could be released in 2025 to coincide with commencement of the new Act.
• Update other property precedents, particularly leases.

If you need assistance, contact Chris Maxwell Chris.Maxwell@CrownLaw.qld.gov.au or Angela Murphy angela.murphy@crownlaw.qld.gov.au

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^{The information in this publication is provided for general purposes only. It is not to be relied on as a substitute for legal advice. Crown Law and the Department of Justice and Attorney-General accept no liability for losses caused by reliance on the material in this publication. Formal legal advice should be obtained for particular matters.}