Have you heard about the big updates to Queensland’s property laws? If you’re a first-time home buyer, a landlord or tenant, or looking to sell your property, here’s what you need to know.
The Property Law Act 2023 commenced on 1 August 2025, replacing the outdated Property Law Act 1974 after more than 50 years. This landmark reform modernises Queensland’s property laws, introducing greater transparency, streamlined processes, and protections for buyers, sellers, landlords, tenants, and co-owners.
The Act aligns Queensland with other states by implementing a mandatory seller disclosure scheme, updating lease enforcement, refining co-ownership disputes, and clarifying settlement risks.
Co-ownership disputes are now more structured under the new Act, with courts now favouring mediation over forced sale. Applications for sale or division are dealt with under sections 35, 37–39, and the courts must find trustee appointment “necessary or desirable” before ordering sales (s 37).
Applicants must also notify secured creditors within 30 days of filing, and the court has wider powers to order sales, valuations, buy-outs, and fairly distribute proceeds.
For residential co-owners, these changes provide clearer direction to navigate disputes and reduce costly litigation. For commercial co-owners, the changes protect stakeholders from forced sales.
Under the old Act, a co-owner could ask the court to appoint a trustee to sell the property, with less structured guidance.
Under the new Act, sale is the default option unless physical division is more just and fair (s 35). The Court can now also set detailed directions on how the sale is conducted, how costs are paid, and how sale proceeds are divided (ss 37–39). In effect, the bar needed for a trustee appointment is far higher, and the Court now has a toolkit of orders to tailor outcomes more fairly.
The Act modernises the laws for commercial leases in Queensland and even applies retrospectively to leases contracted prior to 2025, subject to transitional provisions.
In the 1974 Act, landlords relied on sections 124 and 131 for breach notices and re-entry rights. Landlords must now issue a Notice to Remedy Breach (Form 7) under the new 2023 Act, giving tenants a reasonable period to fix breaches (s 153). In practice, 14 days is often considered reasonable for rent defaults, but the Act itself does not mandate a fixed 14-day minimum.
The Court can still grant relief against forfeiture, protecting tenants in some cases.
Under the original Act, buyers could terminate if a dwelling was destroyed before settlement, but there was uncertainty regarding damage below this threshold.
In the new 2023 Act, the risk still passes to the buyer shortly after signing the contract (usually at 5 pm on the next business day under standard contracts), but many sales and settlement rules have been modernised. For example, allowances regarding settlement extensions for “adverse events” (such as cyber outages) have been adopted (s 81). Section 81 expressly applies to contracts entered into both before and after commencement.
One key thing remains the same – buyers should arrange insurance immediately after signing to avoid being left with a damaged property and no coverage.
One of the biggest changes in Queensland Property Law 2023 is the introduction of a statutory seller disclosure regime (Part 7, Division 4).
Sellers must now provide a seller disclosure statement (Form 2) and prescribed certificates to the buyer before contract signing (s 99). Exceptions are set out in s 100, and buyers may terminate if disclosure is not given or is defective (s 104).
This shift from “buyer beware” to mandatory transparency protects consumers and standardises contracts. In short, if you’re a seller, be sure to conduct your due diligence early and ensure your disclosures are ready for potential buyers.
Note: These disclosure obligations only apply to contracts entered into on or after 1 August 2025 (transitional provision s 251).
Here’s a comparison of key areas affected by the Queensland Property Law changes 2023:
| Area | Property Law Act 1974 (Then) | Property Law Act 2023 (Now) | Why It Matters |
| Seller Disclosure | Relied on common law and contractual obligations, no mandatory scheme. | Mandatory seller disclosure (Form 2) and prescribed certificates (e.g., pool safety, building approvals) before contract signing (ss 99-104, Part 7 Div 4). Cannot contract out; applies to most freehold sales except exemptions (e.g., state sales to long-term tenants). | Increases transparency, reduces buyer risk; non-compliance allows termination before settlement. Aligns QLD with NSW/VIC. |
| Co-Ownership Disputes | Broad court discretion under s 38 for trustee sales. | Structured process (ss 35-39): Trustee appointment only if “necessary or desirable”; notify secured creditors within 30 days; wider powers for sales, buy-outs, valuations, and equitable distributions. Adjournment for family law proceedings. | More predictable outcomes; encourages co-ownership agreements to avoid court. |
| Statutory Trustee Sales | Less guidance; co-owner could seek trustee with minimal structure. | Sale is default unless division is fairer (s 35); court sets directions on process, costs, and proceeds (ss 37-39) | Higher bar for appointments; fairer, tailored resolutions reduce litigation. |
| Commercial Lease Enforcement | Breach notices under ss 124/131; re-entry rights with limited process. | Mandatory Notice to Remedy Breach (Form 7), allowing a reasonable period to remedy breach (s 153); relief against forfeiture preserved. Codified consent process for assignments/sublets (1-month response). Automatic release on re-assignment only for leases entered after commencement (s 144). | Streamlines disputes; protects tenants while clarifying landlord obligations. Applies retrospectively to existing leases where inconsistent, except for s 144. |
| Settlement Risk and Insurance | Buyer could terminate for total destruction; uncertainty for partial damage. | Risk passes at 5pm next business day (standard contracts); buyer rescission if dwelling unfit (s 77, unless seller restores). No automatic seller insurance claim; extensions for adverse events (s 81, applies before and after commencement) | Buyers must insure immediately; minimises disputes but heightens buyer vigilance. |
A. The Act replaces the 1974 version, modernising property rules. It commenced 1 August 2025, applying to new and some existing transactions (subject to transitional provisions).
A. The Property Law Act 2023 was informed by a sweeping review by experts at Queensland University of Technology (QUT), aiming to boost transparency, optimise digital aspects (e.g., easier electronic contracts and e-conveyancing), clarify rules and improve dispute outcomes, and widen protections. As a result, Queensland has now joined other states (like NSW and Victoria) with mandatory seller disclosure – ending the old “caveat emptor” (Latin for “let the buyer beware”) era.
A. Sellers must provide Form 2 and certificates pre-contract (s 99). Buyers can terminate for non-disclosure or errors (s 104). Exemptions are set out in s 100 – seek advice.
A. Courts need proof that trustee appointment is “necessary or desirable” (s 37). The process now includes creditor notices, valuation/buy-out options, and fairer distribution of proceeds (ss 35, 37–39).
A. All new forms under the Act can be downloaded from the Queensland Courts Property Law Act 2023 forms page.
A. Yes. New breach notices and consent timelines apply to all leases. Tenants gain protection; landlords gain clarity. This is a good time to review your agreement.
A. The new Act is a big win for first home buyers – seller disclosure is now mandatory.
A. No. Disclosures are mandatory for freehold sales (subject to exemptions).
A. – For sales: the disclosure regime only applies to contracts entered into on or after 1 August 2025 (s 251).
– For leases: most reforms apply retrospectively, but the automatic release of prior tenants on re-assignment (s 144) only applies to leases entered after commencement.
A. Yes. Other reforms include changes to easements, deed requirements, instalment contracts, perpetuities, and state sales.
A. Yes. The Act applies to both residential and commercial properties, including apartments and vacant land.
At Argon Law, our experts ensure compliance with Queensland Property Law reforms 2023. We offer:
Contact us at 07 5443 9988 or [email protected] to safeguard your property interests.
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