What Does the New Property Law Act Queensland 2025 Change?

DIRECT ANSWER

From 1 August 2025, the Property Law Act 2023 (Qld) will replace the old Property Law Act 1974, bringing the most significant reforms to Queensland property law in nearly 50 years. The new Act modernises how property is bought, sold, and managed, introducing a mandatory seller disclosure scheme, updated easement and covenant rules, and clearer protections for buyers and tenants. If you own, buy, or sell property in Brisbane or anywhere in Queensland, these changes will affect your next transaction.

KEY TAKEAWAYS

• The Property Law Act 2023 replaces the 1974 Act from 1 August 2025.
• A seller disclosure scheme requires residential sellers to provide a disclosure statement before a contract is signed.
• Failure to comply with seller disclosure rules can lead to penalties and give buyers termination rights.
• Easements and covenants are now more flexible, with a new statutory framework for creating and changing them.
• Electronic signing and lodgement of certain documents will be easier under the new Act.
• The changes affect residential, commercial, and rural property dealings across Queensland.

What Does the New Property Law Act Queensland 2025 Change?

The Property Law Act 2023 (Qld) is a complete rewrite of Queensland's core property legislation. It was drafted to reflect modern conveyancing practices, improve consumer protection, and simplify property transactions. The Act commenced on 1 August 2025 and applies to all property dealings after that date.

One of the most significant changes is the seller disclosure scheme. For the first time, residential property sellers in Queensland must prepare and give potential buyers a disclosure statement before entering into a contract of sale. This disclosure statement covers matters such as:

• zoning and land use restrictions
• access rights and easements
• boundary information
• supply of services (water, sewerage, electricity)
• any current notices or orders affecting the property

The goal is to reduce the number of transactions that fall over due to unexpected issues discovered late in the process.

The Act also modernises the law around easements and covenants. Easements (such as rights of way, drainage, and service access) can now be created, varied, or extinguished more flexibly, including through agreements between affected parties rather than court applications in many instances. Similarly, the Act updates how positive and restrictive covenants are enforced, with a clearer framework for termination or variation.

A breach of the disclosure obligations can also give the buyer a right to terminate the contract in certain circumstances, depending on the nature and impact of the non-disclosure.

Practical Application in Australia

For residential sellers, the new seller disclosure scheme is the biggest operational change. From 1 August 2025, a seller cannot simply rely on the standard REIQ contract's warranties. Instead, the seller must provide a prescribed disclosure statement at or before contract signing. If the information changes before settlement, the seller must update the buyer in writing.

For buyers, this is a significant win. Purchasers will have a clearer picture of the property's title, zoning, and services before they commit. It reduces the need for buyers to rely solely on their own searches — although we still strongly recommend obtaining an independent conveyancing search and building inspection.

For developers, the new Act offers a more practical framework for managing easements and covenants across staged developments. If you are planning a project in Brisbane or regional Queensland, reviewing your existing rights and obligations with a property lawyer early is essential.

Common Risks or Mistakes

1. Selling without a disclosure statement. This is the biggest risk under the new scheme. Penalties can apply for failing to provide the statement at all, or for providing false or misleading information.
2. Relying on the old contract forms. Standard REIQ contracts have been updated to work with the new Act. Using outdated versions could expose sellers to liability or delay settlement.
3. Assuming the new Act only affects residential property. The changes to easements, covenants, electronic transactions, and lease provisions also apply to commercial and rural property. Businesses need to review their arrangements.
4. Treating disclosure as optional. Some sellers might be tempted to provide minimal information or delegate the disclosure to an agent. The disclosure statement is a legal requirement, and compliance is critical.

Step-by-Step Process for Sellers

If you are selling a residential property in Queensland on or after 1 August 2025, these are the key steps:

1. Confirm the sale date and scheme triggers — The seller disclosure scheme applies to contracts entered into from 1 August 2025.
2. Engage a lawyer or conveyancer early — They will help you complete the disclosure statement accurately and organise the required searches.
3. Create the disclosure statement — Provide prescribed information about the property, including title details, zoning, services, and any notices.
4. Provide it to the buyer before signing — Ensure the buyer receives the statement before they sign the contract.
5. Update the buyer if things change — If any disclosed information materially changes before settlement, provide a written update.
6. Keep a record — Retain copies of all disclosures and related documents for your own protection.

Table: Old Regime vs New Property Law Act 2023

Our Team Can Help You

At Enlight Lawyers, we are experienced Brisbane and Logan property lawyers, based in Slacks Creek. Our team is ready to help you understand the new Property Law Act Queensland 2025, whether you are buying, selling, or developing property. We offer fixed-fee advice for property matters and a free initial consultation, and we speak Bengali, Hindi, Urdu, Arabic, Vietnamese, and Mandarin.

If you have questions, contact our property law team today or call (07) 3495 1884. You can also meet our team or learn more about our property law services.

Practical Next Steps

If you are planning a property transaction, here are your immediate steps:

1. Check your contract version — make sure you are using the updated REIQ contract or a compliant bespoke contract.
2. Get a disclosure review — if you are selling, have a lawyer prepare or review your disclosure statement.
3. Book a consultation — talk to us before you sign anything. A short conversation now can prevent a costly dispute later.