Queensland’s property laws are about to undergo their biggest transformation in nearly 50 years. From 1 August 2025, the new Property Law Act 2023 will replace the Property Law Act 1974, bringing a more modern, consistent, and transparent approach to property transactions across the state.
Whether you’re buying, selling, leasing, or managing property, it’s essential to understand how these changes could affect your next transaction.
Katie Winton explains, “This reform is long overdue and brings Queensland in line with other jurisdictions. But with new obligations—especially for sellers—it’s critical that everyone involved in a property transaction understands what is required and prepares early.”
A Big Change for Sellers: Mandatory Disclosure
A major reform is the introduction of a mandatory seller disclosure scheme. Under the new rules, sellers of residential property must provide a disclosure statement and prescribed certificates before a contract is signed.
These documents will include:
- A current title search
- Details of encumbrances, easements, and covenants
- Zoning and planning information
- Any known property defects or disputes
- Body corporate and rates notices (where relevant)
Failing to provide these documents correctly and on time could allow the buyer to terminate the contract before settlement.
Katie continues, “Buyers will be more protected under the new scheme, whereas sellers will face higher expectations. It’s crucial that property owners, agents, and advisors work collaboratively to gather and verify the required documents.”
What Else is Changing?
While seller disclosure is the headline change, there are several other important updates property owners and professionals should be aware of:
- Lease Agreements: The Act clarifies how lease covenants operate after assignment, streamlines landlord consent processes, and modernises how breach notices are issued.
- Easements: Positive and negative covenants will now continue to bind future owners, unless clearly stated otherwise—improving certainty for developers and rural landowners.
- Deed Limitation Period: The time limit to enforce rights under a deed will reduce from 12 years to six years, aligning with standard contracts.
- Settlement Flexibility: New provisions allow for settlement delays in the event of natural disasters or major system outages—reducing the risk of deals falling over due to unforeseen events.
What You Can Do Now
With the new legislation fast approaching, the best thing you can do is be proactive. If you are planning to sell, lease, or develop property in the coming months, we recommend:
- Reviewing existing contracts or template documents
- Gathering disclosure materials in advance of a sale
- Speaking to your lawyer about updating lease terms
- Considering how easements or deeds may be affected under the new framework
“These changes are a positive step forward,” Katie says, “but they also mean more work upfront. Getting your documentation in order now will avoid delays and costly mistakes later.”
Need Support?
At Wonderley & Hall, our property law team is already helping clients prepare for the Property Law Act 2023. From reviewing contracts and leases to guiding sellers through the new disclosure process, we’re here to ensure you are confident, compliant, and ready for what’s ahead.
Contact our team on (07) 4638 1133 to arrange a consultation with our property team.