Property Development
Property Law
Key Takeaway
Queensland property development involves complex legal, regulatory, and contractual requirements that demand specialist advice.
Queensland property development involves complex legal, regulatory, and contractual requirements that demand specialist advice. Our property development team guides developers through the entire project lifecycle from site acquisition and due diligence through to project structuring, contract management, and completion of sales or strata titling.
Property development law intersects with town planning, environmental regulation, building certification, body corporate law, and property sales. Our integrated approach ensures all legal aspects of your development project are coordinated, risks are managed, and compliance is maintained throughout each phase of the development.
Development Structuring & Joint Ventures
Property developments are often structured through joint ventures, unit trusts, partnerships, or special purpose companies, each with different legal, tax, and liability implications. We advise on the most appropriate structure for your development, prepare joint venture agreements that clearly define contributions, profit sharing, decision-making, and exit mechanisms, and ensure all necessary regulatory approvals and licences are obtained. Proper structuring at the outset can significantly affect the financial success of a development and protect participants from unforeseen liabilities.
Off-the-Plan Sales & Disclosure
Selling off-the-plan requires compliance with specific legislative requirements including the provision of disclosure statements, sunset date clauses, and cooling-off periods. Contracts must address staged payments, building specifications, potential variations, and remedies for delay. We prepare and review off-the-plan contracts for developers and advise on disclosure obligations, ensure compliance with the Land Sales Act 1984, and help manage purchaser expectations through clear contractual provisions. For purchasers, we review contracts to ensure protections against unreasonable delays and specification changes.
Strata & Community Title Schemes
Creating a community titles scheme or strata subdivision requires preparation of survey plans, community management statements (CMS), and body corporate by-laws. The CMS governs the management of common property, allocation of lot entitlements, and maintenance obligations. We prepare these documents to ensure they are practical, enforceable, and compliant with the Body Corporate and Community Management Act 1997. We also advise on by-law enforcement, dispute resolution within bodies corporate, and the establishment of layered community title arrangements for master-planned communities.
Property Development FAQs (Queensland Law)
How do development approvals work under the Planning Act 2016 (Qld)?
At our firm, the Planning Act 2016 (Qld) governs development approvals in Queensland. Applications are assessed against local council planning schemes. Approvals may be code-assessable (if compliant) or impact-assessable (requiring public notification). Appeals go to the Planning and Environment Court.
What are infrastructure charges in Queensland developments?
At our firm, local councils impose infrastructure charges for the provision of water, sewerage, stormwater, transport, and parks networks triggered by new development. Charges can amount to tens of thousands of dollars per lot. Infrastructure agreements may allow staged payment.
What are community infrastructure designations?
At our firm, community infrastructure designations (CIDs) allow government entities to designate land for community infrastructure (schools, hospitals, transport corridors) under the Planning Act 2016. A designation operates as a development approval for the designated use.
What development conditions can councils impose?
At our firm, conditions may include infrastructure contributions, environmental management plans, traffic impact assessments, landscaping requirements, Affordable Housing contributions, and conditions relating to construction management and hours of operation.
How do I appeal a development decision in Queensland?
At our firm, appeals against development decisions are made to the Planning and Environment Court (P&E Court) within 20 business days. The court conducts a merits review and can confirm, change, or set aside the decision. Legal representation is strongly recommended.
Property Development Services
- Site acquisition due diligence including contaminated land searches
- Development structuring including joint ventures and syndicates
- Project management agreements and consultant contracts
- Building contracts and construction documentation
- Strata subdivision and community title scheme establishment
- Off-the-plan sale contracts and disclosure statements
- Community Management Statements (CMS) and by-laws
- Infrastructure agreements and headworks charge negotiations
- Planning and development approval condition review
- Development financing documentation and security arrangements
- Construction security of payment advice and adjudication
- Project completion certification and plan sealing
Last updated: July 2026
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