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Property Law FAQs

Find experienced answers to common property law and conveyancing questions on the Gold Coast. Our Southport team explains the buying and selling process,

Important Legal Disclaimer

The information provided on this page is general legal information only and is not specific legal advice tailored to your individual circumstances. Laws change regularly and every situation is unique.

We strongly advise you to contact us to discuss your specific situation before proceeding with any action based on the information provided here.

Anti-Money Laundering

New AUSTRAC Anti-Money Laundering Rules for Real Estate in 2026
New anti-money laundering laws effective 1 July 2026 now apply to real estate agents, accountants, and lawyers in Australia. Sellers, agents, and every auction bidder must verify identity and source of funds before a property can be sold or bid on.
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Body Corporate & Strata

Who pays for plumbing repairs inside apartment walls in QLD?
In a Body Corporate or strata building, pipes serving only one unit are generally the owner’s responsibility. Shared pipes located inside structural walls or servicing multiple units are the Body Corporate’s responsibility.
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Body Corporate and Local Laws

How many birds can I keep in a Gold Coast apartment?
Living in a Gold Coast apartment or on a small block of land restricts the type and number of birds you can legally keep. From budgerigars to peacocks, here are the local council rules you need to know.
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Building inspections

Buying an older home? Asbestos risks and disclosures in Qld
If the Queensland house you are eyeing was built before 1990, assume asbestos until testing proves otherwise. It sits in perhaps half the housing stock of that era - in eaves, bathrooms, flooring, fences and roofs. Asbestos in good condition is manageable; asbestos discovered mid-renovation is expensive and genuinely dangerous. Buyers who plan around it negotiate better deals and avoid health gambles1. The stakes run health first, money second. Disturbing asbestos-containing materials can release fibres linked to serious disease decades later, which is why removal rules, licensing and disposal requirements exist at all. None of this argues against older homes - Queensland’s post-war suburbs are built from them - but it does argue for buying with eyes open and test results in hand rather than optimism and a paint chart.
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Co-ownership

Joint tenants or tenants in common: which co-ownership should you choose?
Two words on a Queensland title decide what happens to your share of a property when you die - yet most co-buyers tick whatever box the conveyancer’s form puts first. Joint tenant1s versus tenants in common is not paperwork trivia; it controls inheritance, separation outcomes and even creditor exposure23. Joint tenancy - survivorship Joint tenants each own the whole, together. When one dies, the survivor automatically owns everything - no probate on the deceased share, no will needed, no arguments. Banks and titles offices require only a death certificate and notice to convert the title.
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Buying a house with friends: co-ownership structures in Qld
Buying with friends can crack the deposit barrier and split holding costs that would crush any solo buyer - but friendship is not a legal structure. The structure is how you hold title, what your co-ownership agreement says, and how cleanly you have planned for the day someone wants out, loses their job or dies. Get those three right and co-buying works brilliantly; skip them and you have bought a lawsuit with a garage12.
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Commercial Property

What happens if SMSF property is registered in personal names in Queensland?
You must establish whether the discrepancy is a genuine registry recording error capable of rectification, or whether changing the title will be treated as a dutiable transfer. When commercial or residential real estate intended for a self-managed superannuation fund (SMSF) is recorded on the freehold land register in the members’ personal names without noting their trustee capacity, attempting a quick title change without coordinated legal and accounting analysis can create significant tax, duty, and regulatory risks.
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Conveyancing

Foreign buyer surcharge in Queensland: the additional foreign acquirer duty explained
Buying Queensland residential property as (or through) a foreign interest attracts the additional foreign acquirer duty (AFAD) - currently 8%, stacked on top of ordinary transfer duty. On a $1 million apartment that is $80,000 extra, payable at settlement. The rules look through structures, and the definitions catch people who genuinely did not expect it. Who pays AFAD An acquirer who is a foreign person, or an acquisition by an entity that is close:
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Land tax in Queensland explained: does it apply to your property?
Land tax is the annual state tax on the unimproved value of land - and because it is assessed on your total landholdings, not property by property, it tends to ambush owners of a second or third property rather than the family home. Here is how it works in Queensland. Who pays Individuals: land tax applies where total taxable land value exceeds $600,000 (as at recent years - check current thresholds) Companies and trustees: threshold of $350,000 - the trap for investors holding property in a trust or company structure Absentee owners (generally foreign or overseas-based): also $350,000, plus potential surcharge land tax for foreign entities Who doesn’t Your principal home is exempt - you must genuinely live there, and there are absence rules (generally at least six months’ occupation per year, with carve-outs for temporary absences like working overseas) Primary production land can be exempt Charitable and certain other uses The rates (illustrative) Individual rates are progressive - starting around 0.5c per dollar above the threshold and climbing to roughly 2.65c at the top end. On a $900,000 total landholding, expect a bill in the low thousands per year; on a $3m portfolio, tens of thousands. The exact figures move with budgets - we confirm current rates at advice time.
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Rates and council charges: who pays at settlement?
At a Queensland property settlement, council rates, water charges and similar periodic costs are adjusted so each party pays only for the period they own the property. The mechanism lives in the contract, your solicitor calculates it in the statement of adjustments, and done properly nobody pays a cent more than their share. Done carelessly, it is one of the most common sources of post-settlement arguments1. What gets adjusted at settlement Typically:
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How long does property settlement take in Queensland?
The standard settlement period in Queensland is usually 30 days from the contract date, though this is fully negotiable. ‘Time is of the essence’ applies str…
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What is PEXA and how does electronic settlement work in Queensland?
PEXA (Property Exchange Australia) is the electronic settlement platform used in Queensland to transfer property ownership digitally. It enables simultaneous…
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How does the REIQ 5-day settlement extension work?
Under standard REIQ contracts, either buyer or seller can extend settlement once by up to 5 business days without reasons. Time stays of the essence for the new date.
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Who bears the risk of property damage between signing a contract and settlement?
In Queensland, the risk of damage to a property typically transfers to the buyer upon signing a contract. Buyers should immediately acquire home insurance, while sellers should keep their own policy active until settlement is finalized.
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Costs

What are conveyancing disbursements and search fees?
Disbursements are the out-of-pocket expenses incurred during the conveyancing process, separate from legal fees. They primarily consist of government search …
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Disclosures

What should I do if a Form 2 discloses a QCAT matter on a property?
When a Form 2 Seller Disclosure flags an active QCAT matter, it is usually a physical dispute regarding fences, trees, or retaining walls. You should get a thorough building and pest inspection to quantify the exact repair cost before proceeding.
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General Questions

How Does the Queensland Land Tax Home Exemption Work?
A qualifying Queensland home can be excluded from land tax, even where rising land values exceed the general individual threshold. Liability depends on taxable landholdings, ownership, use and the position at midnight on 30 June. Threshold and valuation For an individual, the general threshold is total taxable value of $600,000 or more. The calculation aggregates relevant freehold land owned solely and the person’s share of jointly owned land, after available exemptions.
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Who Insures a Queensland Property Before Settlement?
Queensland buyers should usually arrange building insurance immediately after signing, while sellers should maintain their own cover until settlement. The precise position depends on the signed contract, not simply whether finance or building and pest conditions have been satisfied. When risk passes Under commonly used REIQ residential contracts, risk ordinarily passes to the buyer at 5.00 pm on the first business day after the contract date. A special condition can change that position, so both parties must read the actual contract.
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Can a Body Corporate Tow a Car From Visitor Parking in Queensland?
Visitor parking disputes are one of the most common friction points in Queensland body corporate schemes, and getting the enforcement mechanics wrong can expose the body corporate itself to liability rather than the offending resident. Signage and by-laws come first A body corporate cannot simply decide to restrict or tow from a visitor bay on the basis of a verbal understanding among residents. The Body Corporate and Community Management Act 1997 (Qld) allows a scheme to adopt by-laws that define what counts as a genuine visitor, set any time limits that apply, and establish the approval process for using those bays. Clear, physical signage stating the restriction is essential, both to give fair notice to anyone parking there and to support any later enforcement action.
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Do Boundary Encroachments Matter for My Executor?
Boundary lines rarely attract much attention until something goes wrong. A neighbour’s driveway, fence or underground services may sit partly on your land for years without anyone raising the issue. While that might be tolerable during your lifetime, it can create real headaches for executors and buyers when your property is eventually sold. A boundary encroachment occurs when a structure or improvement crosses onto adjoining land without proper agreement. Typical examples include driveways built partly over the boundary, fences or retaining walls placed on the wrong side, and underground pipes or cables running under a neighbour’s land without easements. In many cases, neighbours accept minor encroachments informally, but problems arise when owners change, disputes flare up, or a property is put on the market.
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What is the cooling-off period when buying a house in Queensland?
In Queensland, most residential property contracts have a statutory 5-business day cooling-off period that allows buyers to withdraw from a contract after signing. How the Cooling-Off Period Works Duration: 5 business days (excludes weekends and public holidays) Starts: On the day you or your solicitor receives a copy of the contract signed by both parties Penalty: The seller may charge a termination fee of 0.25% of the purchase price Example Calculation If you purchase a property for $600,000:
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How much does conveyancing cost in Queensland?
Conveyancing fees in Queensland typically range from $800 to $2,500 depending on the complexity of the transaction. What’s Included in Conveyancing Costs? Professional Fees: Contract review and preparation Communication with all parties Searches and title investigations Settlement coordination Additional Costs: Title searches: $50-$150 Local authority searches: $100-$200 Water authority searches: $20-$50 PEXA settlement fees: $150-$300 Registration fees: varies by property value Not Included: Stamp duty (transfer duty) - calculated on purchase price Building and pest inspections Mortgage registration fees (if borrowing) Always request an itemised quote upfront so you understand exactly what you’re paying for.
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Can I pull out of a property contract after signing in Queensland?
Yes, you can terminate a property contract after signing, but the circumstances and consequences vary. During the Cooling-Off Period If the cooling-off period applies (typically 5 business days for residential sales): You can terminate for any reason The seller may charge a 0.25% penalty on the purchase price You must give written notice Not available for auction purchases Outside the Cooling-Off Period You can only terminate if: 1. Contractual Conditions Fail:
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Do I have to pay stamp duty when buying property in Queensland?
Yes, all property buyers in Queensland must pay transfer duty (commonly called stamp duty) when purchasing real estate. How Stamp Duty is Calculated Queensland transfer duty is calculated on a sliding scale based on the property value: Up to $5,000: $0 $5,001 - $75,000: $1.50 for each $100 or part of $100 over $5,000 $75,001 - $540,000: $1,050 plus $3.50 for each $100 or part over $75,000 $540,001 - $1,000,000: $17,325 plus $4.50 for each $100 or part over $540,000 Over $1,000,000: $38,025 plus $5.75 for each $100 or part over $1,000,000 First Home Buyer Concessions First home buyers may be eligible for:
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What are the risks of buying property off the plan in Queensland?
Buying property off the plan (purchasing before construction is complete) carries several unique risks that buyers should understand before signing a contract. Major Risks 1. Construction Delays: Projects often take longer than anticipated Your settlement date may be pushed back months or years You remain committed to the purchase during delays 2. Developer Insolvency: If the developer goes into liquidation, construction may stop Your deposit may be at risk The project may never be completed 3. Market Value Changes:
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What is a building and pest inspection and do I need one?
A building and pest inspection is a professional assessment of a property’s structural integrity and pest infestation status. While not legally required in Queensland, it’s one of the most important steps in protecting your property investment. What Does a Building Inspection Cover? A qualified building inspector examines: Structural integrity: Foundations, walls, roof, and load-bearing elements Major defects: Cracks, subsidence, water damage, and structural movement Safety hazards: Electrical issues, asbestos, inadequate ventilation Minor defects: Cosmetic issues, maintenance requirements Compliance: Building code violations, unapproved additions What Does a Pest Inspection Cover? A licensed pest inspector checks for:
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Am I eligible for the First Home Buyers Grant in Queensland?
The Queensland First Home Owner Grant provides $15,000 to eligible first home buyers purchasing or building a new home. Here’s everything you need to know about eligibility and how to apply. Eligibility Criteria To qualify for the grant, you must meet ALL of these requirements: 1. First Home Buyer: You’ve never owned a home in Australia (before 1 July 2000 for applicants born before 1 July 1985) Your spouse has never owned a home in Australia Neither of you has previously received a first home grant 2. Property Requirements:
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Investment Property

Can I buy property in my SMSF (self-managed super fund) in Queensland?
Yes, SMSFs can purchase property in Queensland, but strict rules apply under the SIS Act. The property must meet the ‘sole purpose test’, cannot be lived in …
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What is negative gearing and how does it work in QLD?
Negative gearing occurs when the cost of owning an investment property (interest, rates, repairs) is more than the rental income it generates. In Australia, …
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Leasing

What is the difference between a Commercial Lease and a Retail Shop Lease?
Retail Shop Leases are governed by the Retail Shop Leases Act 1994 (Qld), which provides significant statutory protections for tenants (such as disclosure …
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Off the plan

Sunset clauses off the plan: when a developer can walk away
Buying off the plan means buying a promise: pay a deposit now, settle when the building exists. A sunset clause is the escape valve for the other side - if the developer cannot register the plan of survey by the deadline, the contract ends and deposits go back. In a falling market that is annoying. In a rising market it can cost buyers six figures of equity, which is exactly why Queensland legislated123.
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Off-the-Plan

What is a sunset clause in an off-the-plan contract in QLD?
A sunset clause allows either party to terminate the contract if the development isn’t completed by a specified date. While originally designed to protect buyers from endless delays, unscrupulous developers have exploited them to cancel contracts and resell at higher prices.
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Can a developer cancel my off-the-plan contract in Queensland?
It depends on the property type. For land contracts, developers are heavily restricted from cancelling under a sunset clause. However, if you are buying a strata title apartment, developers generally still have the right to cancel if the sunset date is missed.
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What is the valuation gap in an off-the-plan purchase?
A valuation gap occurs when your bank values the finished property lower than the off-the-plan contract price you agreed to years earlier. You must fund this shortfall personally to complete settlement.
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Pool safety

Swimming pool safety certificates: when you need one to sell or lease
If your Gold Coast property has a swimming pool, a piece of paper can hold up your sale or lease. Queensland law requires pools to be enclosed by compliant safety barriers, and a pool safety certificate is the document that proves compliance when you sell or rent the place out12. The rules sit under the Building Act 1975 (Qld) and its regulations, administered through the QBCC licensing framework. They catch most pools deeper than 300 millimetres - including portable and inflatable pools - attached to houses, units, motels and caravan parks alike.
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Resources

Who to contact for Property Law & Conveyancing in QLD?
A directory of the most important contacts for Property Law and Conveyancing matters in Queensland, including Titles Queensland, OSR, and the RTA.
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Seller disclosure

Form 2 seller disclosure in Queensland: what sellers must give buyers
For more than a century Queensland property buyers were told caveat emptor - let the buyer beware. The Property Law Act 20231 (Qld) changed that. Since the disclosure provisions commenced, sellers of most freehold land must hand buyers a Form 2 seller disclosure statement before contracts are signed. Get it wrong and the sale itself is at risk23. What goes in the Form 2 The form pulls together information many sellers have never had to compile:
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Selling

Should I get legal advice on a Form 6 before appointing an agent?
Yes. A Form 6 is a legally binding contract that governs how much and when you pay an agent. Standard terms often require you to pay commission even if a sale doesn’t complete due to a vendor “default”. With new disclosure laws, a buyer terminating for disclosure errors might be claimed as a vendor default. Having a solicitor review and negotiate “commission on settlement only” terms before you sign can save you tens of thousands of dollars in “commission traps.”
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Who can prepare a Form 2 Seller Disclosure Statement in Queensland?
Under Queensland’s seller disclosure scheme, a Form 2 Disclosure Statement can be prepared by the seller, their real estate agent, or their solicitor. Howeve…
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What is a Form 6 Real Estate Agent Appointment in Queensland?
The ‘Form 6’ is the official contract appointing a real estate agent to sell your property in Queensland. It sets out the agent’s commission (which is negoti…
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Settlement

What happens on property settlement day in Queensland?
On settlement day, your lawyer meets (electronically) with the other party’s lawyer and the banks to exchange funds for the property title. You do not need t…
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Tenancy

How do I evict a tenant in Queensland for unpaid rent?
To evict a residential tenant for unpaid rent, they must be at least 7 days in arrears. You must then issue a Form 11 Notice to Remedy Breach. If they do not…
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Do I need a lawyer for a QCAT tenancy dispute?
QCAT is designed as a ‘self-representation’ tribunal, meaning you usually need the Tribunal’s permission (leave) to have a lawyer represent you. However, mos…
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Can a boarder claim ownership of my house in Queensland?
Contrary to common myths, a boarder does not gain ownership rights to your home simply by living there for two years. Queensland law requires 12 years of exclusive adverse possession to claim proprietary rights.
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Title

Caveats on Queensland property explained
A caveat is a red flag bolted onto the title of Queensland land. Once registered, it stops the owner selling, mortgaging or transferring the property until it is dealt with - which makes it one of the most powerful instruments in property law, and one of the most misused123. What a caveat actually does A caveat is registered on the title through Titles Queensland and warns the world that the person named claims an interest in the land. While it sits there, the registrar will not register most dealings with the lot. It does not resolve anything by itself; it simply holds the ground while the underlying argument is fought out in negotiation or, if needed, in the Supreme Court. Practically, that means:
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Easements and covenants: what you inherit when you buy
Two invisible features follow Queensland land through every sale: rights that other people hold over it, and promises its past owners made about it. Lawyers call them easements and covenants; buyers meet them at settlement, sometimes too late to care12. Both attach to the title, not to the person who agreed to them. When the block sells, the new owner inherits them automatically - which is why checking for them belongs in your contract stage, not after moving in.
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