Buying off the plan in Queensland
Queensland regulates off-the-plan sales of units and townhouses mainly through the Body Corporate and Community Management Act 1997, with cooling-off rules in the Property Occupations Act 2014. We act for buyers in Brisbane and across Queensland, working by phone, email and electronic settlement from our Melbourne office.
The disclosure statement
Before you sign a contract for a proposed lot in a community titles scheme, the developer must give you a signed disclosure statement. It must identify the lot and include a disclosure plan, the date by which the contract must settle, the estimated annual body corporate levies, the proposed community management statement and details of any body corporate manager, service contracts and letting agent arrangements. The statement forms part of your contract, and you can rely on it as if the developer had promised it was accurate.
Queensland's newer seller disclosure rules, which started on 1 August 2025 under the Property Law Act 2023, apply to existing lots, not off-the-plan lots. Different rules can also apply to land in a new estate that won't have a body corporate, so we check which regime your contract falls under.
Cooling-off
You have five business days, starting on the day you receive a copy of the contract signed by both parties. If you terminate, the seller can keep up to 0.25% of the price and must refund the rest within 14 days. You can waive or shorten the period in writing, so don't sign a waiver with the contract without advice. See our cooling-off guide.
If the disclosure turns out to be wrong
If information in the disclosure statement is inaccurate, the developer must give you a further statement at least 21 days before settlement. If you'd be materially prejudiced by having to complete, you can terminate by written notice within 21 days of receiving it. After the scheme is registered, you can also terminate if the registered community management statement differs from the one you were given, or the disclosure is inaccurate, and you'd be materially prejudiced. See our guide to changes to the plans.
Sunset dates
If the contract hasn't settled by its sunset date, or 5.5 years after you signed if that's earlier, and you're not in default, you can terminate. If the contract has no sunset date, the limit is 3.5 years. See our guide to sunset clauses.
Your deposit
The contract names who holds the deposit and on what terms. For a proposed lot, the contract can let the developer keep a deposit of up to 20% of the price if you breach the contract and it's terminated as a result, so check the deposit amount before you sign.
Transfer duty
Duty is administered by the Queensland Revenue Office. For contracts dated 1 May 2025 or later, eligible first home buyers of a new home, including one bought off the plan, can get a full concession with no value cap on the home. Vacant land has a separate concession. Read our Queensland transfer duty guide.
Settlement
We check the registered plan and scheme documents, work with your lender and the developer's lawyers, and settle electronically. You don't need to travel or meet us in person.